Legal Question in Personal Injury in California
What is the statute of limitations in a multi car accident?
3 Answers from Attorneys
In California, the general statutes of limitation are as follows:
Personal injury = 2 years (CCP 335.1)
Property damage = 3 years (CCP 338)
A statute of limitation clock usually starts at the time the plaintiff discovered or should have discovered the injury (usually the date of the accident).
The clock stops for a particular defendant if that defendant goes out of state (even on a one-week vacation or a weekend camping trip). The clock starts again from where it left off for that defendant when that defendant returns to the state. (CCP 351)
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Actually, there are exceptions to the out-of-state rule, so just make sure you follow the basic limitation period and don't screw around with any out-of-state clock stops.
Oh, and if you plan on making a claim against the government, you may need to submit your claim to the government within as little as 6 months. (For example, one of the cars in the accident was a government car or employee.)