When you are recovering from a car accident, the last thing you want to think about is legal deadlines. But California law doesn’t wait for you to feel ready. If you have been injured or your vehicle has been damaged in a crash, the clock to file a lawsuit starts ticking immediately—and if you miss your window to file a claim, you could lose your right to compensation forever. Make sure to speak with an experienced Bakersfield car accident lawyer for legal guidance.
The Two-Year Deadline for Personal Injury Claim
If you have been injured in a car accident in California, you have two years from the date of the accident to file a personal injury lawsuit. This deadline is established under California Code of Civil Procedure § 335.1, and it applies to claims seeking compensation for medical bills, lost wages, pain and suffering, and other injury-related damages.
The two-year rule might sound like plenty of time, but it goes by faster than you think. This is especially true when you are dealing with doctor’s appointments, insurance negotiations, and the stress of recovery. If you do not file your lawsuit within this time frame, the court will almost certainly dismiss your case, and you will forfeit your right to pursue damages through the legal system.
The Three-Year Deadline for Property Damage Claims
California gives you a bit more breathing room when it comes to property damage. Under California Code of Civil Procedure § 338, you have three years from the date of the accident to file a lawsuit for vehicle damage, personal property loss, or other physical damage caused by the crash.
This separate timeline means that even if your injury claim deadline has passed, you may still be able to recover compensation for repairs or replacement of your car. However, waiting until the last minute is never a good strategy. Evidence fades, witnesses move on, and your case becomes harder to prove as time goes by.
Exceptions That May Extend the Filing Deadline
California law recognizes several circumstances where the statute of limitations may be paused or extended. These exceptions, legally referred to as tolling provisions, include:
- Cases Involving Minors: Under California Code of Civil Procedure § 352(a), if you are under 18 at the time of the accident, the statute of limitations does not begin until you turn 18.
- Cases Involving Incapacitated Victims: If you are mentally incapacitated or physically unable to file a lawsuit, the deadline may be tolled until you regain the capacity to act.
- Defendant Leaves the State: If the at-fault party leaves California after the accident and before you file suit, the statute of limitations may pause during their absence, per California Code of Civil Procedure § 351.
- Fraud or Concealment: If the defendant actively concealed their wrongdoing or committed fraud, the deadline may be extended until the misconduct is discovered.
Protect Your Rights, Contact a California Car Accident Attorney Today
Time is not on your side when it comes to pursuing compensation after a crash. California law sets strict deadlines for filing legal claims, and if the statute of limitations expires, you could lose your right to recover damages entirely.
If you have been hurt in an accident, a Bakersfield personal injury attorney from Rodriguez & Associates will fight for you. We have helped countless car accident victims secure the compensation they deserve and move forward with their lives. Contact us at (661) 777-7575 to find out where you stand and what steps you need to take right now.