Auto insurance claims abide by the typical statute of limitations of any personal injury claim. Personal injury claims, such as auto accidents, have a statute of limitations of two years from the day of the accident. Auto insurance claims usually require evidence and witness statements to prove liability, so it is important to file a claim as soon as possible. Evidence can deteriorate over time and witnesses may forget critical details, which can be harmful to your claim.
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.
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 a truck rear-ends you in a parking lot 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 car accidents in the following scenarios:
- A defective car part contributed to the accident, but you had no way 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 California Car Accident Lawyer
If you or a loved one have 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. 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.
