While most states set general guidelines for filing an insurance claim, certain insurance policies can have more specific rules when filing a claim. In the state of California, accident victims have two years from the date the accident occurred, according to the California Court System the statute of limitations for personal injuries.
Due to strict deadlines, along with exceptions to California’s statute of limitations, it is essential to consult with a car accident attorney to understand the complex interplay between accident insurance claims and personal injury lawsuits.
Exceptions to the Statute of Limitations in California
In most cases, the statute of limitations for car accidents begins on the date the collision took place. However, the time can vary based on the following facts:
- Injuries: An injury can take time to form or for the injured victim to become aware of their injury. The discovery of an injury can postpone the start date for the statute of limitations on a claim.
- Wrongful death: a person may lose their life at a much later date due to health complications from the accident. In this case, the victim’s family will be given two years from the day they lost their loved one to file a claim.
Factors that can shorten the statute of limitations are claims against the government. Claims against the government must be filed within 6 months of the accident, or the date of the injury.
How Do Government Accident Injury Claims Differ From Typical Accident Injury Claims in California?
In California, government vehicle accidents with the United States Postal Service or the LA Metro differ from typical car accidents because they are insured by the city, state, or federal government. Also, a major difference is government entities involved in car accidents can claim “sovereign immunity.”
Sovereign immunity essentially means that a government entity is not liable for injuries caused by the government entity or its employees as they are fulfilling their duty. However, the California Tort Claims Act gives exceptions in which the government can be held liable for damages in cases of excessive carelessness (drunk driving, speeding, ignoring hazards, etc.), or corruption.
Depending on the circumstances, suing the government can be an incredibly challenging process. You will need an experienced tort lawyer who understands government liability to navigate the complex legal process. While you only have 6 months to file a claim against the government, there is an exception to this statute of limitations known as the discovery rule.
What is the Discovery Rule?
The discovery rule delays the statute of limitations if you could not have reasonably known about your injuries right away. For example, let’s say you get side-swiped at a relatively low speed and you hit your head pretty hard against the driver-side window. Your head hurts, but there’s no visible damage. You and the other driver check your vehicle and note that no damage is done. So, you both continue on your way. Years later, however, you begin to have neurological issues that your doctor says must be from a time when you suffered some sort of blunt trauma to your head. In this situation, the “discovery rule” applies as the two-year clock does not start running until the day your injury was discovered and you would able to file a claim against the truck driver’s insurance.
The discovery rule could also apply to car accidents in the following scenarios:
- A defective car part contributed to the accident, but you had no way of knowing about it within the statute of limitations
- Your initial medical evaluation did not reveal anything, but later your injury developed and required treatment
- You were unknowingly exposed to chemicals during the accident and suffered health problems as a result
It is important to note that even if you’re involved in a low-speed accident, it is recommended to file the claim with your insurance and get checked out by a doctor. Even if the other side agreed to not report it, they can file a claim at a later date, revealing that you failed to file a claim with your insurance. In some instances, this may void your insurance policy and leave you on the hook for covering damages done to the other party. By filing a claim and seeing a doctor, you’ll be protecting your right to compensation if the accident proves more damaging to your life than you initially thought.
Contact a California Car Accident Lawyer
If you or a loved one has suffered injuries due to the carelessness of another driver, the accident attorneys at Maison Law can help you obtain the compensation you need. We know how traumatic and overwhelming car accidents can be to accident victims and their families. Let our personal injury attorneys help you get back on the road to recovery today. For expert legal advice, contact Maison Law for a free consultation and case evaluation. There are no upfront costs and you don’t pay a cent until we’ve won your case.
