Statute Of Limitations After Car Accident

August 21, 2019
what are statute of limitations

If you are going to file a claim for a personal injury here in California, you will generally have 2 years from the date of the injury to file a claim, but there are a few exceptions.

After the statute has passed then your case can’t be brought to the courts here in California.

If you have been hurt in a car or truck accident then you need to focus on getting medical treatment and talking to a personal injury lawyer that can help you.

It becomes very stressful after an accident to see all the medical bills and insurance papers filling up your mailbox.

Add to that you might not be able to work and suddenly you don’t have any income coming in to pay your rent and health insurance etc.

You won’t pay us any money until we win your case, this way there is no out of pocket expense for you and your family.

Why Contact Law Offices of Daniel Kim

Daniel Kim is not your average car accident lawyer, Daniel genuinely cares about each case that he takes on – this isn’t the norm in this industry.

It doesn’t matter if you got rear-ended or hit by a truck running a red light, if you have been injured due to the negligence of somebody else then Daniel Kim can help.

It is very important to remember that the insurance companies are out for their best interest, which is to make money.

So don’t believe for a second that the insurance adjuster who calls you really cares about you, odds are they don’t.

Insurance companies have their way of determining who is at fault for an accident, and you don’t want to take this on by yourself.

The Law Offices of Daniel Kim have over 1,000 positive reviews on Yelp, FB and Google.

If you have questions you can contact us 24 hours a day, 7 days a week.

Do not fight the insurance companies alone, you’ll regret it.

Dealing With The Insurance Companies

If you have ever dealt with an insurance company before when it comes to billing issues or them owing you money, then you already know what drama might lie ahead.

The first thing to remember is that insurance companies are in business (they are for profit) to make money and every time they have to pay out on a claim it will affect their bottom line.

car accident settlement

Common Motor Vehicle Accidents We Help With

Truck accidents – this can involve anything from a semi-truck to a garbage truck or just a small pick up truck that you or a loved one might drive. Of course getting hit by a large 18-wheeler can cause serious damage to your vehicle and physical body.

Car accidents – we can help an accident victim that was injured in any type of car accident ranging from being hit by an UberEats driver to being hit while a neighbor backed out of their driveway. It doesn’t matter what type of car you drive, and it doesn’t matter what kind of car hit you, if you were injured contact us today so we can get your claim filed immediately.

Motorcycle accidentstypically accidents involving a motorcyclist always end up bad for the motorcycle rider. Of course the main problem is that a motorcycle rider has no protection around him like a car does, and in turn motorcyclists tend to suffer bad injuries in a crash.

Uber and Lyft – there are so many ridesharing companies around today, and when you include delivery vehicles like DoorDash and Amazon Fresh, there is a good chance you might be involved in a car accident with one of these types of vehicles.

Pedestrian accidentspedestrian accidents are pretty much always a bad situation for the pedestrian involved. The only chance a pedestrian has is if the car was at a stop light (or going like 5mph) when they hit the person walking. Anytime a pedestrian is hit at a higher speed it’s always a bad day.

Bicycle accidents – bike accidents are typically similar to pedestrian accidents in the sense that bicyclists really don’t have any protection around them apart from maybe wearing a helmet (which can easily save their life).

what are statute of limitations

What are Statutes of Limitations

The “statutes of limitations” are laws put in place to determine the amount of time a person has to file a particular legal claim.

In California, the Code of Civil Procedure 335.1 says a car accident statute of limitations is two years.

This applies to all cases where injury or a death is caused by a wrongful act of negligence of another.

Different states and different types of legal cases have their own statutes of limitations.

For a claim that has to deal with a car accident, you will have to comply with the relevant statute of limitations for either personal injury accidents or wrongful death claims just depending on the actual situation surrounding your case.

As you can see this stuff gets complicated, so your best bet is to call Daniel Kim today for a FREE consultation.

when does the statute of limitations start

When Does The Statute of Limitations Start

The easy way to think about it is like this.

The statute of limitations will begin when the harmful event, like an injury, occurs or when it’s discovered.

We cover this topic in more details below throughout this article, but it’s better to be safe than sorry.

So, if you have been injured in a motor vehicle accident here in California then call Daniel Kim today for a FREE consultation and get answers to your questions.

How Long do You Have To File a Claim After an Accident

If you are injured in a car accident here in the state of California then you generally have 2 years from the date of the injury to file a claim, but there are a few exceptions.

One exception is that if the injured victim is a minor. 

In this case then the statute of limitations does not begin until the minor’s 18th birthday.

Once turning 18 years of age, then the victim would have 2 years to file a claim.

Another exception is when you are injured in an accident involving public transportation like the city bus.

If you are injured in an accident involving the city bus then you only have 6 months from the date you suffered the injury to file a claim.

So if you have been injured in an accident involving a city bus be sure to call us right away so we can help you before your 6 month window expires.

A third exception would be if a traffic accident caused a death, as surviving family members normally have 2 years from the date of the death to file a wrongful death claim.

This date is often different then the date of the accident, many times a person badly injured in a car crash could be in a coma for a few months after the accident.

So the statute of limitations would actually expire two years after the death, not 2 years after the date of the accident.

settlement from car accident

Getting Compensation For Future Losses

Immediately after a car accident it can be hard to really determine how badly you are injured.

A lot of motor vehicle accidents result in serious injuries that require ongoing medical care or treatment (physical therapy) for years.

Many people who are injured in a car crash wonder how they can file a claim and get compensated fairly if they don’t know how long their injuries will last, and how much it will cost them (medical bills and future medical care).

The good thing is that the law allows the accident victim to seek compensation not only for the losses you already faced, but also for the projected losses you will incur in the future.

When an accident caused you a severe injury, or you end up with a permanent disability, then it’s very important that you hire a lawyer like Daniel Kim to represent you.

You don’t want a lawyer to be guessing about your future losses, or hoping they can get the insurance company to pay you.

What you need is an aggressive and experienced personal injury lawyer like Daniel Kim to fight for you and get you maximum compensation.

These type of injury cases can require some complicated calculations to really determine what a fair settlement is, and it can be based on a ton of factors like we listed below –

  • Your age and actual health prior to the accident
  • Your expected earning potential and life expectancy
  • Any income and benefits you got before you were injured
  • The nature and severity of your injuries
  • Necessary medical treatment you need going forward (including inflation, etc.)

medical treatment for car accident

Getting Medical Treatment

You need to seek medical help after being injured in a car accident.

The obvious reason is that if you’ve been injured, and you delay getting medical treatment then the odds are your injuries will get worse and your physical health will pay the price for your bad decisions.

The other thing you have to understand is that the insurance companies will act like your best friend until you need them to pay you money for injuries you suffered.

If you delay getting medical treatment for your injuries, there is a great chance that the insurance companies later can say your injuries were not that bad, or maybe they happened from another accident.

So as an example let’s say you got hurt in a car accident on July 1st, 2019, but you don’t seek medical treatment until November 5th, 2019, well the insurance company might not believe that your injuries are from July 1st because there is no proof.

And the insurance company could say there is a chance you go injured from a different accident after July 1st.

That’s why it’s so important to get medical treatment immediately after you’ve been injured so that there is legal proof from a doctor or hospital that documents your injuries you claim happened on July 1st, 2019.