Auto insurance claims abide by the typical statute of limitations of any personal injury claim. Personal injury claims, such as auto accidents, have a statute of limitations of two years from the day of the accident. Auto insurance claims usually require evidence and witness statements to prove liability, so it is important to file a claim as soon as possible. Evidence can deteriorate over time and witnesses may forget critical details, which can be harmful to your claim.
Exceptions to the Statute of Limitations in California
In most cases, the statute of limitations for car accidents begins on the date the collision took place. However, the time can vary based on the following facts:
- Injuries: An injury can take time to form or for the injured victim to become aware of their injury. The discovery of an injury can postpone the start date for the statute of limitations on a claim.
- Wrongful death: a person may lose their life at a much later date due to health complications from the accident. In this case, the victim’s family will be given two years from the day they lost their loved one to file a claim.
Factors that can shorten the statute of limitations are claims against the government. Claims against the government must be filed within 6 months of the accident, or the date of the injury.
What is the Discovery Rule?
The discovery rule delays the statute of limitations if you could not have reasonably known about your injuries right away. For example, you get in a minor accident that causes you to hurt your head. Your injury hurts, but there’s no visible damage, so you don’t see any reason to pursue a lawsuit against the owner.
Years later, however, you begin to have neurological issues that your doctor says must be from a time when you suffered some sort of blunt trauma to your head. In this situation, the “discovery rule” applies as the two-year clock does not start running until the day your injury was discovered and you would able to file a claim against the liable party’s insurance to recover damages.
It is important to note that even if you feel your injuries are minor, it is recommended to get checked out by a doctor. By seeing a doctor, you’ll not only be protecting your physical health but your right to compensation as well.
Average Auto Injury Accident Claim Settlement
The amount your car accident settles for is dependent on your economic and non-economic damages. These damages combined include:
- Hospital bills
- Current and future medical treatment
- Lost income
- Future lost earnings
- Physical therapy
- Surgery (if necessary)
- Pain and suffering
- Loss of enjoyment of life
In addition, the value of each of these damages will be dependent on their severity. The more severe your damages, the greater your compensation will be. For example, if your medical treatment costs more than $100,000, then it would not be out of the realm of possibility to request a settlement of over $100,000. However, it is important to note that each personal injury case is unique and the outcomes can vary.
What Factors Could Decrease My Auto Accident Insurance Claim Settlement in California?
Understanding the factors that can potentially harm your case is essential to knowing the value of your lawsuit. While a highly experienced accident attorney will be able to highlight the reasons you deserve to be compensated, they will also work aggressively to protect you from the factors that could reduce your compensation. These include:
- Comparative negligence: if you are found partially at fault, your settlement can be reduced by your percentage of liability. This is made clear in California’s Comparative Negligence Law which states:
- “Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
- Pre-existing conditions: pre-existing medical conditions unrelated to the accident could complicate and potentially decrease the settlement.
- Lack of strong evidence: the inability to prove the liable party’s fault or carelessness in the accident can undermine your case and reduce your settlement.
- Delayed medical treatment: delays in seeking medical treatment after the accident may count against you as it implies your injuries were not that severe
- Inconsistent statements: inconsistencies in your statement or re-telling of the incident can hurt your credibility and diminish settlement prospects
It is important to work with your attorney to plan ahead to prevent potential setbacks in your case and attempt to turn them into positives for your settlement.
Contact a California Car Accident Lawyer
If you or a loved one have been involved in a motorcycle accident in California, the Maison Law Fremont Attorneys are here to get you the compensation you need. Our team of experienced accident attorneys understands how to exercise every avenue of the law to aggressively pursue the liable party for the full extent of your medical damages.
Contact Maison Law Accident & Injury Lawyers of Fremont today for a confidential, no-cost consultation. There are no hidden fees for our services. We operate on a contingency basis, meaning you will not be charged a cent unless we win your case.