Statute of Limitations for Filing a Car Accident Lawsuit

Do you know how long you have to sue after a car accident? Read about the statute of limitations for filing a car accident lawsuit here.

If you have been a victim of a car accident, you may be wondering how long you have to file a lawsuit against the negligent driver who caused the crash.

There is no general answer to this yet because the answer depends on the state where the accident occurred.

Also, the type of claim you want to make and the circumstances surrounding your case.

In this article, we will explain the Statute of Limitations for Filing a Car Accident Lawsuit so that you will know how and when to go about it.

In addition, we will explain how it affects your car accident lawsuit, and the exceptions and extensions that may apply.

Firstly, let’s explain what the Statute of Limitations is in a lame man’s understanding.

What Is the Statute of Limitations?

The statute of limitations is a legal rule that imposes a time limit to file a lawsuit after an event that causes harm or damage.

The statute of limitations aims to ensure that claims are submitted within a reasonable time, and while the evidence is still fresh and the parties are available.

It also protects defendants from being sued for old claims that they may have forgotten or lost records of.

However, the Statute of Limitations for Filing a Car Accident Lawsuit varies depending on the type of case and the state where the incident occurred.

For example, in Maryland, the statute of limitations for personal injury claims is three years from the date of the injury

While in California, it is two years from the date of the injury or the date the injury was discovered.

Meanwhile, different types of claims have different statutes of limitations, including property damage, wrongful death, or medical malpractice.

Types of Statute of Limitations for Filing a Car Accident Lawsuit

There are two types of claim you can file If you have been involved in injury or property damage in a car accident

A claim against the at-fault driver’s insurance company, and
A claim against the at-fault driver in court.

However, the Statute of Limitations for Filing a Car Accident Lawsuit can affect both types of claims.

How? Keep reading!

1. Insurance Claim

With an insurance claim, you can request compensation from the insurance company of the driver who caused the accident.

Whether you file a lawsuit or not, you can file an insurance claim.

However, the insurance company may have its own deadline for filing a claim, which may be shorter than the statute of limitations.

For example, some insurance policies require you to report the accident within a few days or weeks of the incident.

If you miss the insurance company’s deadline, you may be losing your chance to get compensation from them.

2. Lawsuit

In addition, you can file a lawsuit against the driver who caused the accident in court.

You can also file a lawsuit if the insurance company denies your claim, offers you a low settlement, or fails to negotiate with you in good faith.

When you file a lawsuit, you have the opportunity to present your case to a judge or jury, who will decide who is liable for the accident and how much compensation you deserve.

However, you have to follow the statute of limitations set by the state where the accident occurred to file the lawsuit.

The Statute of Limitations for Filing a Car Accident Lawsuit usually starts from the date of the accident.

Or from the date you discovered your injury or the date of the death of a loved one.

Ensure to file your lawsuit within the time limit to avoid the court dismissing your case.

More so, If you file your lawsuit after the statute of limitations expires, the defendant can raise it as a defense and ask the court to dismiss your case.

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Exceptions and Extensions to the Statute of Limitations

By now, you have understood what the Statute of Limitations for Filing a Car Accident Lawsuit is.

However, there are some situations where the statute of limitations may be paused, extended, or waived.

This means that even if you file your claim or lawsuit after the Statute of Limitations expires, your case still stands.

Let’s find out some of the exceptions and extensions below

1. The discovery rule

Your Statute of Limitations for Filing a Car Accident Lawsuit still stands when you did not know or could not have reasonably known that you were injured or that the defendant was responsible for your injury.

For example, if you suffered a brain injury that was not diagnosed until months or years after the accident, the statute of limitations may start from the date you discovered or should have discovered your injury.

2. The minor rule

If you were under the age of 18 when the accident occurred, the statute of limitations is paused until you turn 18.

You can then have the normal time limit to file a lawsuit.

For example, if you were 16 when the accident occurred and the statute of limitations is three years, you have until you turn 21 to file a lawsuit.

3. The military rule

In the case where either you or the defendant were on active duty in the military when the accident occurred, the statute of limitations is paused while you or the defendant are on active duty.

Then you have the normal time limit to file a lawsuit after you or the defendant are discharged.

For example, if you were in the army when the accident occurred and the statute of limitations is three years, you have three years grace to file a lawsuit after you leave the army.

4. The agreement rule

Another exception is when you and the defendant agree to waive or extend the statute of limitations.

For example, if you and the defendant negotiate a settlement and you both agree to extend the statute of limitations for another six months, you have six more months to file a lawsuit.

How to Protect Your Right to Sue After a Car Accident

Now that you know how the Statute of Limitations for Filing a Car Accident Lawsuit can affect your right to sue after a car accident.

And you know that if you miss the deadline, you may lose your chance to get the compensation you deserve.

Here is what we think you should do to protect your right to sue

Seek medical attention as soon as possible after the accident to help you document your injuries and find a link between the accident and your harm.

Report the accident to the police and your insurance company so as to create a record of the incident and the parties involved.

Get a car accident lawyer as soon as possible to help you determine the statute of limitations for your case.

As well as advise you on your legal options, and represent you in negotiations and litigation.

Lastly, keep track of the dates and deadlines related to your case to avoid missing any important time limits and losing your right to sue.

Key Takeaway

As explained above, the statute of limitations is a legal rule that sets a time limit for filing a lawsuit after a car accident.

This varies depending on the type of case and the state where the accident occurred.

Furthermore, the Statute of Limitations for Filing a Car Accident Lawsuit can affect both your insurance claim and your lawsuit, but in different ways.

However, there are some exceptions and extensions that may apply to the statute of limitations, such as the discovery rule, the minor rule, the military rule, or the agreement rule.

To protect your right to sue, you should seek medical attention, report the accident, get a lawyer, and keep track of the dates and deadlines.

We hope you found this article informative and helpful.

If you have any questions or comments, please feel free to leave them below.

We would love to hear from you and learn from your experience.

Thank you for reading.