How Long After a Car Accident Can You File a Claim?

In California, How Long After A Car Accident Can You File a Claim?

Being involved in a car accident can be a traumatic experience, often leaving victims overwhelmed and unsure of the next steps. One of the most crucial aspects of navigating the aftermath of an accident is understanding the timeline for filing a claim against the adverse party or entity. Knowing how long you have to file a claim can make the difference between receiving compensation and having your claim denied. Below is a comprehensive guide to help you understand the timelines and processes involved in filing a car accident claim in California.

Filing a car accident claim within the appropriate timeframe is crucial to securing the compensation you are entitled to. Understanding the statute of limitations, insurance policy claim filing requirements, and other factors influencing the timeline can help you act promptly and effectively. In California, generally the statute of limitations for personal injury claims for bodily injury is two years from the date of the accident, and for property damage claims it is three years from the date of the accident. These deadlines apply to claims against individuals and businesses.

It should be noted that the time limits are much shorter if your claim is against or involves a public entity such as the negligence of a public entity employee which caused your injuries. For example, in California, if you were injured in a car accident caused by a negligent city bus driver, your claim deadline is much shorter. In such circumstances you have 6 months from the accident date to file a formal legal notice of claim with the public entity.  If they reject your claim in writing, you then must file a lawsuit within 6 months against the public entity in order to preserve and further pursue your claims.

Understanding California’s Statute of Limitations

The statute of limitations is the legal deadline for filing a lawsuit. This time limit varies by state and type of claim. In California, for car accidents claims against private parties or commercial entities the statute of limitations is:

Personal Injury Claims: These claims seek compensation for injuries sustained in the accident. The statute of limitations for personal injury claims is two years from the date of the accident.  This means your claim must be formally settled by or before this date, and if it is not, a lawsuit must be on file with the proper court by or before this date.

Property Damage Claims: These claims cover damage to your vehicle and other property. The time limit for filing property damage claims is three years from the date of the accident. This means your claim must be formally settled by or before this date, and if it is not, a lawsuit must be on file with the proper court by or before this date.

Reduced Time Limit for Filing Claims Against a Public Entity

If the entity responsible for the accident is a public or government entity, and you suffered injury and/or property damage, you must file a formal written Notice of Claim with each responsible public entity, meeting the requirements of the California Tort Claims Act. This Notice of Claim Form can be requested and obtained from the Public Entity itself and the completed form must be filed with the public entity within 6 months of the date of accident/injury, subject to very limited exceptions. The entity can then either pay your claim or reject it and dispute it. If the Notice of Claim is submitted in a timely manner and the entity subsequently rejects your claim, a lawsuit must be filed within 6 months from the date of their rejection. It’s always best to consult a lawyer before filing a notice of claim to ensure the form is properly filled out and all damages that can be legally claimed are included. Failure to properly file and fill out the Notice of Claim form can cause potential problems with your claim.

Filing an Insurance Claim

While the statute of limitations sets the deadline for filing a lawsuit, insurance companies often have their own timelines for filing claims. These timelines can be much shorter, so it’s essential to act quickly. Here are some general guidelines:

Notify Your Insurance Company Promptly: Most insurance policies require you to notify your own auto insurer of an accident within a reasonable time. This can range from a few days to a few weeks, depending on the policy. Failing to report the accident promptly could result in your claim being denied. It’s important to promptly notify your insurance company after an accident. Moreover, your insurance policy will contain various requirements and deadlines under the policy itself for asserting certain kinds of claims for the various types of coverages available under your policy. Strict compliance with these deadlines and requirements outlined in your insurance policy is required. Personal injury attorneys are often very knowledgeable about insurance claims, insurance policies and these kinds of deadlines.

File a Claim with the At-Fault Driver’s Insurance: If you are seeking compensation from the at-fault driver’s insurance company, it’s crucial to file the claim as soon as possible. Delays can complicate the process and potentially affect the outcome. It is best to avoid speaking with the at-fault drivers insurance company directly or filling out any forms they send to you, and instead have a skilled personal injury attorney handle your claim. Handling the adverse party’s insurance company on your own leaves you at risk of disclosing information that is not legally required, and giving statements about the accident and your injuries that are well intended but may later be used against you to deny your claim or reduce your compensation. It’s always best to have an attorney review any paperwork an adverse insurance company is asking you to sign before you sign it.

Factors Affecting the Timeline

Several factors can influence how quickly you need to file a claim:

Severity of Injuries: Severe injuries often require more immediate action to cover medical expenses and other costs.

Complexity of the Accident: Accidents involving multiple parties or disputed liability may require more time to gather evidence and build a case.

Insurance Policy Requirements: Different insurance policies have varying requirements and deadlines for filing claims. Review your policy carefully to understand your obligations, or reach out to a skilled lawyer for their skilled input.

Steps to Take After an Accident

To ensure you meet all deadlines and protect your rights, follow these steps after a car accident:

Seek Immediate Medical Attention: Your health and safety are the top priority. Seek medical attention immediately, even if you don’t think you’re seriously injured. Often times injuries may not be apparent right away. Often times injured parties are in shock and under the adrenaline of the accident and do not realize they are injured until the next day or a few days later. You are always better off seeking immediate medical attention from an objective medical provider who can closely assess you.

Report the Accident: Contact law enforcement from the scene to report the accident, and notify them of any injuries. A police report can be crucial evidence when filing a claim and police will often come out and make a report if someone is injured at the scene.

Notify Your Insurance Company: Inform your insurance company of the accident as soon as possible. Provide all necessary details and cooperate fully with their investigation. But keep in mind that in situations where the other driver is not insured, or is under insured, it may be your own insurance company who will be asked to pay your claim. Insurance companies responsible to pay claims often seek to pay as little as possible. Its always best to have an attorney on your side to deal with the insurer who is responsible for payment of your claim.

Gather Evidence: Collect evidence at the scene, including photos of the damaged vehicles, videos that may have captured the accident occurring, witness information and statements, and contact information for all parties involved, license plate numbers, and insurance information.

Consult a Personal Injury Attorney: An experienced personal injury attorney can help you navigate the complex process of filing a claim, ensuring you meet all deadlines and negotiate with insurers to maximize your compensation.

Conclusion

Consulting with a skilled personal injury attorney can provide crucial and valuable guidance in the legal process. Such an attorney can help you navigate this process and ensure you do not miss case critical deadlines. Remember, time is of the essence, so don’t delay in taking the necessary steps to protect your legal rights and financial interests.  The sooner you consult with a personal injury lawyer on your claim, the better the likelihood of a favorable outcome. Insurance companies and public entities require copious documentation and proof of claims, and often will refuse to pay aspects of claims that are not well documented, including medical claims for injury.  A personal injury attorney knowledgeable in this area of law knows exactly the kind of documentation that will be needed to be generated to prove aspects of your claim to ensure you are properly compensated for your damages.

If you have been Injured in an accident, contact us for help

If you or someone you know has been involved in a car accident, don’t wait to seek legal advice. Contact The Hassell Law Group today at (415) 334-4111 or visit our website to schedule a free consultation with our top-rated legal team. Let us help you protect your rights and obtain the compensation you are entitled to.

The general information provided on this website should not be considered legal advice and does not constitute legal advice. For legal advice, you should consult directly with an attorney. If you contact us by telephone, email, letter, or by contact form submission through this website, please note that such communication does not create or constitute an attorney-client relationship. We cannot act as your attorney until we are hired as your attorney by a formal written agreement.