Time Limitations in California Motorcycle Accident Claims
In California, all personal injury claims must be filed in a timely manner to keep the justice system efficient and just for all parties involved. California has a law known as the statute of limitations that places a strict deadline on a victim’s right to file. Understanding your time limitations during a motorcycle accident claim and acting quickly can prevent you from missing your window of opportunity.
Insurance Claim: Immediately
California’s statute of limitations only applies to lawsuits filed within the state; a different time limit entirely applies to the filing of an automobile insurance claim. Insurance companies enforce their own deadlines. In general, you should file a motorcycle accident insurance claim as soon as possible – ideally, within 24 to 72 hours. Otherwise, the insurer may attempt to reject your claim based on a missed deadline.
Personal Injury Claim: Two Years
California’s general statute of limitations for personal injury claims is found in Code of Civil Procedure, section 335.1. This law states that the time of commencing actions other than for the recovery of real property is within two years if the legal action is filed for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.
Under this law, a motorcycle accident victim typically only has two years from the date of the accident to file a related personal injury claim. According to personal injury attorneys in LA, only some exceptions allow claims that are filed after the statute of limitations has passed or expired will be “time-barred,” meaning the California courts will not allow them to continue.
Property Damage Claim: Three Years
If you wish to file a civil claim in California for property damage only after a motorcycle accident, you will have three years from the date of your accident to file rather than two, under Code of Civil Procedure, section 338. This statute of limitations only applies to property damage claims that are filed separately from injury claims.
Wrongful Death Claim: Two Years From Date of Death
If a loved one passes away in a fatal motorcycle crash in California and surviving family members wish to pursue financial compensation through a wrongful death claim, the statute of limitations is two years from the date of the deceased person’s death rather than the date of the accident. This may change things if the decedent survived for any length of time in a hospital before succumbing to his or her injuries.
Claim Against the Government: Six Months
Accident and injury claims that name government entities as the defendant abide by a different set of rules in California due to the sovereign immunity doctrine. The California Tort Claims Act allows negligence-based claims to be brought against government entities, but only if the initial claim is filed within six months of the incident or of reasonable injury discovery.
Important Exceptions
The courts will grant exceptions to the statutes of limitations in special cases. You may have more than two years from the date of your motorcycle accident to file your claim in the following circumstances:
- Delayed discovery of injury: two years from the date that you discovered or reasonably should have discovered your injury through due diligence.
- Injured minor: two years from the date that the minor turns 18 (age 20).
- Mental incapacitation: two years from the time that the mental incapacitation is resolved.
- Defendant is out of state: the statute of limitations is tolled (paused) while the defendant is outside of California or in hiding.
No matter how much time your particular statute of limitations gives you to file a motorcycle accident injury claim in California, don’t delay. Acting quickly ensures that you do not miss your deadline. It can also result in a stronger case, as important evidence may still be available and reliable.
To discuss the time limitations in your particular California motorcycle accident claim, contact a Los Angeles motorcycle crash attorney at Rose, Klein & Marias, LLP as soon as possible for a free consultation.