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 Car Accident Statute of Limitations
For most car accidents that occur on the freeway, the general time limit to file a freeway accident claim in California is two years. However, there are some exceptions that can shorten or extend the amount of time you are permitted to take legal action.
For example, if your crash was caused due to a hazard created on a city or state road. In this case, you would have a valid claim against a local or state government. The statute of limitations against government entities is cut drastically from typical car accidents down to only six months.
In contrast, there are exceptions to the statute of limitations for a freeway accident claim, which can lengthen the deadline. These exceptions include:
- Freeway accidents involving minors: If a minor under 18 years of age is involved in a freeway accident, the normal 2-year statute of limitations begins to run the day the minor turns 18.
- Lack of mental capacity: the statute of limitations for people who are mentally incompetent is delayed until they regain capacity under California law.
- Injuries: An injury from a freeway accident 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 a freeway 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.
How Do Government Freeway Accident Injury Claims Differ From Typical Accident Injury Claims in California?
In California, government vehicle freeway accidents, for example, may involve the United States Postal Service or the LA Metro. These freeway accidents 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 freeway 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 another vehicle rear-ends you on the freeway and you hit your head pretty hard against the steering wheel. Your head kind of hurts, but overall you feel fine.
No damage is done to either of your vehicle and 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 freeway 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
Contact a Freeway Accident Lawyer in California
If you or a loved one have suffered injuries due to the carelessness of another driver on the freeway, the accident attorneys at Maison Law can help you obtain the compensation you need. Whether your freeway accident occurred on the U.S. 101 or the 405, we understand how traumatic, painful, and financially devastating this can be for accident victims and their families. That’s why our freeway accident attorneys are standing by to answer all of your questions and give you the support you need.
For expert legal advice, contact Maison Law today 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.
