What To Know About Car Accident Claim Statute Of Limitations

by Carmelo PickelDecember 16, 2022

Have you been involved in a vehicular accident recently? Do you know what to do and how long it takes to make a claim? Knowing the statute of limitations for filing a car accident claim is essential if you want the best possible outcome from your case. 

Read on to find out everything you need about car accident claim statute of limitations. 

What Is A Statute Of Limitation? 

A statute of limitation is a set period of time after an event occurs within which legal action must be taken. Every state has different statutes that can limit the amount of time drivers have to file a lawsuit or make a claim after an automobile accident. Generally, this timeline is between one and six years, depending on where the accident occurred and the type of claim being made. 

For example, California has a two-year deadline for injury-related car accidents and a six-month deadline if the accident involves a government employee. 

It’s important to remember that even though most states follow this guideline, certain exceptions may apply. It’s also important to note that legislatures sometimes change statutes, so staying up-to-date on any changes that might affect your claim is essential. 

When Does The Clock Start Ticking? 

The clock starts ticking at the exact moment when the car accident occurs — not when you realize it has happened or when you decide to take legal action in response. Remember that filing insurance claims doesn’t count against the statute either. Only physical court filings will stop the clock from running out on your case. 

That means that if your personal injury lawyer files paperwork before the common law deadline passes, it doesn’t matter if you don’t receive your settlement until after that date — as long as they filed before it expired, then all should be well with your case. 

What Happens If You Don't Follow The Statutes Of Limitations? 

What Happens If You Don't Follow The Statutes Of Limitations 

If you don’t file a car accident lawsuit or claim before the statute runs out, then it will be too late for any compensation for damages related to the incident. Your case will be thrown out without consideration by any court because statutes are absolute deadlines according to American law. 

That's why it's so important not only to understand these laws but also to abide by them for victims who have been injured due to someone else's negligence or recklessness to receive justice and fair compensation for their injuries and losses incurred from their accidents.  

Statutes of limitations are complex but essential laws governing how long people have after accidents occur for them to take legal action. Whether filing an insurance claim or going directly through civil court proceedings, knowing these laws can help ensure victims get compensated fairly and justly while still seeking justice within their respective states' deadlines. 

So, if you've been involved in an automobile accident recently, make sure you know what these laws are and how they affect your particular situation so that your rights aren't jeopardized because of something as simple as missing a deadline.

When driving, it's better to be safe than sorry. Check out our blog about avoiding the most common road accidents.

Founder, Editor-in-Chief Carmelo Pickel is the Founder and Editor-in-Chief of Keep Driving, with almost 20 years of experience working in the industry. Before founding Keep Driving, Carmelo held leadership roles for over a decade on top automotive dealership corporations across North America, handling various leadership roles in Sales, Marketing, and Incentives.
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