March 28, 2023 |
Have you been injured in a car accident? If so, you should know you only have a limited amount of time to file a car accident claim in California.
If you’ve been injured in a car accident in California, you only have a limited time to file your claim. You can sue for injuries from a car accident within six months of the accident, according to the California statute of limitations.
If you don’t act fast, you’ll miss your window of time and be unable to get the settlement you deserve.
Interested in learning more about the car accident claim process? In this article, we’re covering everything you need to know about the claim process, including how and when to file a claim.
How to File for a Car Accident Claim in California
If you’ve been involved in an auto accident in California, the first thing you should do is exchange insurance information, especially if you’re not at fault for the incident. Even if you are partly to blame, you may be able to recover damages thanks to California’s “comparative negligence/shared fault” law.
You’ll need to notify the California DMV within 10 days of your accident if:
- Anyone was killed or injured
- The accident resulted in more than $1,000 in property damage
You should know that reporting your accident to your insurer or the DMV is not the same as suing for damages. You may also have to file a lawsuit if the responsible party or their insurance company refuse to pay up for damages.
How Long Do I Have to File a Car Accident Claim in California?
Understanding the California Statute of Limitations
In California, the statute of limitations allows you to file a lawsuit for injuries resulting from a car accident within six months of the incident. For property damage, you have three years to file. It’s crucial to understand that these time limits apply to lawsuits filed after the accident, not after submitting the insurance claim. To protect your rights, it’s essential to contact a California accident lawyer as soon as possible.
The Importance of Timely Insurance Claims
If you have a valid claim, it’s best to inform your insurance company without delay. Procrastinating can jeopardize your chances of recovering damages. If you discover injuries a few months after the accident, you have one year from the date the injury was identified to file a claim with the court.
Handling Car Accident Claims without Insurance
Even if you lack insurance but are the innocent party, you can file a claim with the other party’s insurer. However, the other party’s insurance is not obligated to represent you or act on your claim. That’s why it’s crucial to consult an experienced California accident lawyer, like those at The Barnes Firm, before filing a claim against the other person’s insurance.
The Benefits of a California Accident Lawyer
While you can technically file a claim without legal representation, having an experienced California accident lawyer on your side increases your chances of securing a larger settlement. Insurance adjusters are skilled at minimizing payouts or intimidating claimants into settling for less than they deserve. A knowledgeable lawyer from The Barnes Firm California accident attorneys can help you navigate complex claims and ensure you receive fair compensation.
Final Thoughts on Filing Car Accident Claims in California
As a California resident, understanding how to file a car accident claim is crucial. Without this knowledge, you risk missing out on a deserved settlement. By following the guidance in this article and seeking help from The Barnes Firm California accident attorneys, you can confidently file a claim and navigate the claims process smoothly.
Have you been injured in an auto accident? Need legal assistance?
Call The Barnes Firm today at (800) 800-0000 or fill out a contact form on our website for a FREE CONSULTATION today. Let our California accident lawyers help you secure the compensation you deserve.