Legal Question in Personal Injury in California
when you have a acident how long do you have to file a claim.
2 Answers from Attorneys
Your question is unclear. In California you now have two years from the date of the automobile accident to sue for personal injuries or property damage. Other "tort" claims that involve injuries or monetary losses may be covered by a one year statute. A claim to an insurance carrier must be made within that time limit but filling a claim does not extend the time in which a suit must be filed. A claim against a governmental entity must be filed within 180 days but you can file for relief if you show it was your attorney's fault and not yours for the late filing.
But all of the above, and judges, look upon a delay in filing as an admission that yuou do not really care that much about recovering or that the merits of your case are weak. So file a claim and lawsuit as soon as you reasonably can.
The above answer is correct. However, there are other exceptions. If the defendant was out of the state during the two years, the statute may be tolled.