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Los Angeles, CA personal injury attorney Narbeh Shirvanian talks about the statute of limitations for California car accident claims. If an individual is involved in a car accident, they face a specific deadline known as the statute of limitations, typically set at two years to resolve the case or risk being permanently barred. This timeline applies when there are no public entities potentially responsible for the case. In the scenario where a private individual causes the accident, the affected person has a two-year window to file a lawsuit for their bodily injury claim.
Engaging legal assistance early is crucial due to these time constraints. The primary objective is to settle the case before considering a lawsuit, as the two-year period can elapse swiftly, especially when dealing with increasingly serious injuries requiring extensive care. For cases involving public entities, such as a city vehicle crash or a collision involving a law enforcement vehicle, the affected individual has precisely six months from the date of loss to file a specific claim form with each public entity clerk’s office.
Filing this claim differs from a private insurance claim, and failure to submit it within six months may result in being permanently barred from pursuing the claim. If the public entity rejects the case in writing, the individual has six months from the date of rejection to file a lawsuit. In the absence of a written rejection after 45 days, typically, there’s a two-year window to sue the public entity. Due to the complexities involved, it is advisable to promptly file a claim and not wait for a rejection. This proactive approach aids in navigating the technicalities associated with government code claims and lawsuits against governmental entities.