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How long do I have to file a claim after the accident?

How long do I have to file a claim after the accident

In California, the statute of limitations for filing a personal injury claim after an auto accident is generally two years from the date of the accident. This means that you have a window of two years from the accident date to initiate a lawsuit seeking compensation for your injuries and damages.

Are There Any Exceptions to the Statute of Limitations for Car Accidents?

However, there are some important points to consider:

Discovery Rule

In some cases, injuries resulting from an accident may not become apparent immediately. California follows the "discovery rule," which allows the statute of limitations to start from the date when the injury was discovered or should have been discovered with reasonable diligence. This provision can extend the filing deadline if injuries are not immediately apparent after the accident.

Government Entities

If the accident involves a government entity (e.g., city or state vehicle), the process and timeline for filing a claim can be different. Generally, claims against government entities have a shorter time frame, such as six months, to file a claim for personal injury.


If the injured party is a minor at the time of the accident, the statute of limitations may be extended. Minors have two years from their 18th birthday to file a claim.

Can An Auto Accident Lawyer Ensure I File a Claim On Time?

It is crucial to be aware of the statute of limitations applicable to your specific case and to take timely action. If you fail to file a claim within the established timeframe, you may lose the right to seek compensation for your injuries and damages. To ensure you protect your legal rights and meet all necessary deadlines, it's highly advisable to speak with a drunk driving accident lawyer as soon as possible after the accident. An attorney can provide guidance and help you navigate the legal process effectively.


Contact Us Today

If you've been injured in an auto accident, don't settle for less than you deserve. Schedule a free consultation with a drunk driving accident lawyer at MVP Accident Attorneys to discuss your case and explore your legal options. Our dedicated team will fight tirelessly to protect your rights and ensure you obtain the compensation you deserve for all accident-related damages. Contact us today to learn more.


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Brett Sachs

Brett S. Sachs graduated from Michigan State University College of Law with Cum Laude Honors. While attending Michigan State, Brett was awarded for his service in the Michigan State University College of Law Civil Rights Clinic, where he represented prisoners of the Michigan Department of Corrections from injustices brought upon them. Learn more.

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