How long do I have to file an auto claim?
According to California Civil Procedure section 335.1, people who got injured in a car accident will generally have up to 2 years after the day the accident happened in order to pursue legal action.
If someone is injured but doesn’t realize it until later, then California’s discovery rule will allow an extended deadline in many cases.
If a lawsuit is filed after this deadline, the court will dismiss the case unless a legal exception tolls (pauses) the statute of limitations.
What is the discovery rule?
Under California law, the statute of limitations begins when a person discovers—or reasonably should have discovered—their injury, whichever occurs first.
This principle was established in Jolly v. Eli Lilly (1998).
For example:
If someone is T-boned on January 1st and initially feels fine, but their doctor discovers soft tissue damage on February 1st, the 2-year statute of limitations starts on February 1st, the date the injury was discovered.
What if I got into a car accident and I was under 18?
According to California Civil Procedure section 352(a), the statute of limitations for minors is still 2 years, but the statute is tolled until the injured minor’s 18th birthday. The statute of limitations, therefore, will expire on the injured minor’s 20th birthday.
What should I do if I think it’s too late to file my case?
Getting a free consultation from an experienced accident lawyer can provide you with a quick and decisive understanding of your case’s details, such as how long you have left to file a lawsuit. That’s why it’s critical to consult specialized injury attorneys if you have been injured in an accident.
The expert attorneys of Win Nguyen Law are proud to serve the communities of Westminster, Santa Ana, Anaheim, Irvine, and more with honest and dedicated legal service. Contact Win Nguyen Law now to learn more about your options and protect your rights!
