The Statute of Limitations for Car Accident Claims in San Diego

Car accidents are frightening and traumatic, especially when one or more victims suffer injuries. Fortunately, California offers accident victims legal redress to recover compensation for car accident damages like past and future medical expenses, lost wages, compensation for pain and suffering, and other sometimes additional non-economic damages that apply.

But in a fault-based insurance state like California, obtaining compensation requires proving the other driver’s liability, and carefully adhering to important timelines and filing deadlines. Failure to meet these deadlines—such as the state’s statutes of limitation for car accident claims—can result in a claim denial or a case tossed out of court.

What Is the Statute of Limitations for California Car Accident Injury Claims?

Like all states, California places a limit on the amount of time that an accident victim may file claims for personal injuries and property damage. San Diego accident victims have two years from the date of the accident in which to file a lawsuit for their medical expenses, income loss, and compensation for pain and suffering. While this may seem like a generous amount of time, it often takes time for the accident victim to learn the full scope of their economic and non-economic damages.

Then, a San Diego car accident attorney must investigate the accident to compile evidence of liability, often to counteract common insurance company tactics like assigning an undue portion of fault to the accident victim to reduce the amount they have to pay out under the state’s comparison negligence law. This law reduces the compensation by the injury victim’s percentage of fault.

Finally, negotiations take place to obtain a settlement from the at-fault party’s insurance company. Only if the insurer fails to offer adequate compensation or wrongfully disputes, delays, or devalues claims does the case proceed to a lawsuit. In that case, the injury victim (plaintiff) must file a lawsuit petition within the state’s two-year statute of limitations.

Car Accident Property Damage Has a Different Statute of Limitations in California

Claims for property damage after a car accident have a three-year statute of limitation for lawsuits to cover damage repairs to a vehicle or replacement for a totaled vehicle. Property damage claims may also include compensation for personal items inside the vehicle, like tablets, cell phones, and other items. As with personal injury claims, if an accident victim fails to make the deadline for filing a lawsuit, should litigation become necessary, the court will dismiss the case.

What About When the At-Fault Party is a Government Entity?

Sometimes a car accident claim is against a government entity like a city bus agency or a negligent road maintenance agency. In this case, different timelines apply. The statute of limitations for claims against government entities is six months from the accident date.

Are There Ever Extensions of the Statute of Limitations?

The courts may extend, or toll, personal injury statute of limitations in car accident claims for specific reasons, including the following:

• If a car accident victim is unconscious, comatose, or incapacitated after the accident, the statute of limitations begins on the date they recover cognition
• If an accident victim doesn’t discover an injury until some time after the accident, the time clock begins ticking on the date of discovery under the delayed discovery rule
• When a minor suffers injury in a car accident, they have two years from their 18th birthday to file a lawsuit

If you have a question about how the statute of limitations impacts your claim, your San Diego personal injury attorney can help.

Why Does California Place Time Limits on Car Accident Lawsuits?

The purpose of a statute of limitations in personal injury and property damage claims is to ensure that evidence is still available and eyewitness testimony remains reliable should the case go to court. These limitations also protect defendants against the long-term threat of lawsuits.