Time Limits in California Car Accidents

The aftermath of a car accident is chaotic and confusing, especially if you or a loved one suffered injuries. While the initial focus is on dealing with the injuries and trauma with prompt medical care, in the hours and days after a car accident, accident victims in California must adhere to their state’s time limits for reporting the car accident and taking action to recover compensation. Under California’s pure comparison negligence insurance laws, injury victims may recover compensation for damages like medical expenses, lost wages, and pain and suffering through a car accident claim against the at-fault driver’s auto insurance. Failing to meet a time limit in this process can cause a claim denial.

Reporting a Car Accident In California Within the Time Limits

If a car accident causes property damage that appears to be $1,000 or more in repair costs, or if there are injuries, a California car accident victim must immediately report the accident to the police. Drivers may not leave the scene of the accident until the police clear them to leave, except when emergency services transport serious injury victims to the hospital.

If no one is injured and the damage is minimal, drivers must move their vehicles out of traffic and exchange contact and insurance information.

Then, car accident victims or their family members must report the accident to the California Department of Motor Vehicles (DMV) within ten days of the accident through an SR-1 report. The SR-1 form is available online or at your local DMV.

After a California car accident, victims must also report the accident to their insurance company even if they were not at fault for the accident. Depending on the terms of the insurance contract, different companies have different time limits, but it’s important to report the accident as soon as possible.

California’s Statue of Limitations for Car Accident Claims

Like other states, California has time limits for car accident victims seeking to recover compensation by filing a claim or lawsuit against an at-fault driver. This statute of limitations helps to ensure that evidence remains available and eyewitness testimony is still reliable when a claim or lawsuit requires evidence of negligence. California’s statutes of limitations in car accident claims are as follows:

• Car accident victims have three years to file a claim for car accident property damage
• Car accident claims for personal injury compensation must be made within two years of the date of the accident

It’s essential to file car accident claims within California’s time limits. Failing to do so results in the insurance company’s denial of the claim because the court will toss out a case if the statute of limitations has expired.

Are There Exceptions to California’s Two-Year Statute of Limitations for Car Accident Personal Injury Claims?

A few exceptions exist for car accident injury victims seeking to recover compensation for personal injury damages beyond the two-year statute of limitations. Exceptions in which the state delays or “tolls” the time limit include the following:

• When a minor suffers an injury they have up to two years from their 18th birthday to file a claim
• If an injury victim is unconscious or incapacitated after an injury, the two-year clock begins ticking on the date that they recover cognitive ability
• When an injury victim discovers an injury sometime after the accident, like having a nagging backache diagnosed as a herniated disc from the accident three months after the accident date, the time limit for filing a claim begins on the date of the discovery, or when the injury victim should have reasonably discovered the injury

In some cases, California courts may also delay the two-year statute of limitations for car accident claims if an at-fault driver leaves the scene and law enforcement later identifies and apprehends them.

How Can a California Car Accident Lawyer Help?

Adhering to California’s time limits for car accident claims is critical to the success of a compensation claim or lawsuit. If you have questions about how the state’s statute of limitations impacts your case, call the California car accident attorneys at Haffner & Morgan, LLP for a free consultation.