California Statutes of Limitation on Car Accident Lawsuits

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California law requires you to stop immediately after the accident occurs. It doesn’t matter whether you or another person were injured in the accident or not. If you continue driving, you can be criminally charged with hit and run in Orange County, California. If you’re injured, or your car or property is damaged, California law is very specific about how you can recover damages.

Information on car accident laws in California

The state gives you a specific time limit on how long you have to sue someone who causes a car accident. You have two years from the date to file a lawsuit against the individual who caused the accident. If you are trying to recover money for property damaged in a car accident, you have three years to file a lawsuit. The time to sue for property damage starts the day your accident happened.

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Once the deadline to file a lawsuit passes, you lose all legal rights to sue for damages or money. The statute of limitations doesn’t pertain to filing an insurance claim with an auto insurance company. However, you still want to make sure you file your insurance claim as quickly as possible.

You Share Some Blame for Your Car Accident? California Law does Allow You to Receive Money

Sometimes an accident has more than one at-fault driver. You may have missed a yield sign or was distracted while the other driver hit your car. According to California law, you can still recover money for your injuries. It’s called comparative negligence. With comparative negligence, the court compares the fault of both parties, the plaintiff, and the defendant.

An injured driver who shares some fault in the accident will have their reward decrease by the percentage they were at fault. For instance, an injured driver missed a stoplight. The injured driver sues for $100,000. The driver at fault was speeding and missed a red light. The court may find the injured driver 20 percent at fault. They win, but instead of getting $100,000, they receive $80,000.

Contact an Attorney for Help with Your Car Accident

If you were injured in a car accident, contact a personal injury attorney pronto about getting money for your accident. Whether you plan to settle or file a lawsuit, you need the advice of an orange county attorney to determine how to proceed with your case.