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How Long Do I Have To File a Car Accident Claim In California?

Submitted by rtg on

If you were involved in a car accident in California, you need to know the state’s specific legal deadlines. You have up to two years from the date of the injury to file a car accident claim. Understanding the statute of limitations and knowing when to file your claim can ensure you receive the compensation you deserve. Here is what you need to know about filing a car accident claim in California.

California Statute of Limitations

The statute of limitations is a law that sets the maximum time after an event within which legal proceedings may commence. In the case of a car accident, the statute of limitations states how long you have to file a lawsuit for personal injury or property damage. This law is vital because if you file a claim after the statute of limitations has expired, your case will likely be dismissed, and you will lose your right to seek compensation.

In California, the statute of limitations for the filing of a personal injury claim that has caused injuries due to a car accident is two years. This means you have just two years from the car accident date to file a lawsuit against the at-fault party to get the compensation you are entitled to. For a property damage claim, such as the cost of repairs to your car, the statute of limitations is also two years from the accident date.

When Does the Statute of Limitations Start?

The statute of limitations clock begins to tick on the date of the car accident. This date is important as it indicates the start of your two-year window to file a personal injury claim. It is important to take action as soon as you can because as time passes, evidence may become more difficult to gather, and witnesses’ memories may not be clear enough which would make it more of a challenge to build a strong case.

When Should I File My California Car Accident Claim?

While you technically have up to two years to file your California car accident claim, it is often beneficial to begin the process much sooner. Consulting with a lawyer soon after the accident can help determine the best time to file your claim based on the nature of your case.

An experienced personal injury attorney can offer guidance on the timing of your claim. They can help gather the necessary evidence, such as a police report, medical records, and witness statements which will ensure that your case is as strong as possible.

  1. File Within Two Years
  2. It is important to file your claim within the two-year statute of limitations. If you don’t do this fail, your claim will be denied, and you will miss out on the opportunity to seek compensation for your injuries and damages.

  3. Gather Sufficient Evidence
  4. Before filing, make sure you have gathered sufficient evidence to support your claim. This includes documentation of the accident such as photos, witnesses’ statements, medical treatment records, repair estimates for car damages, and any other relevant information.

Contact a Personal Injury Attorney

Navigating the legal complexities of a car accident claim in California can be challenging. To boost your chances of a successful outcome to your claim, consider contacting a personal injury attorney. Fill out a Free Case Evaluation now to get connected with an independent personal injury attorney who subscribes to the website and may be able to help you with your case.