Carmichael Car Accident Lawyers

Filing Deadlines That Affect Carmichael Car Accident Claims

Several deadlines may apply after a Carmichael car accident. The deadline depends on the type of claim and who may be responsible. Missing a deadline can bar a claim, although some exceptions may apply.

• Personal Injury: Generally, two years from the date of injury to sue a private defendant. (Cal. Civ. Proc. Code § 335.1.)
• Wrongful Death: Generally, two years from the date of death.
• Property Damage: Generally, three years. (Cal. Civ. Proc. Code § 338(c)(1).)
• Government Claims: Claims for personal injury, death, or property damage against Sacramento County, Caltrans, or another public entity generally must be presented within six months. (Cal. Gov. Code § 911.2.)
  
  • Sacramento County claims are presented to the Clerk of the Board of Supervisors.
  • Caltrans accepts qualifying claims of $12,500 or less directly. Larger claims generally go through California’s Government Claims Program.
  • A public entity generally has 45 days to act. If no action is taken, the claim is generally treated as rejected. (Cal. Gov. Code § 912.4.)
  • After a proper written rejection, you generally have six months from receipt of the notice to sue. (Cal. Gov. Code §§ 913, 945.6.)
  • Without the required written rejection notice, the lawsuit period is usually two years from when the cause of action accrued. (Cal. Gov. Code § 945.6.)
• Uninsured Motorist Claims: Within two years of the crash, you generally must sue the uninsured driver, reach an agreement with the insurer, or begin arbitration. (Cal. Ins. Code § 11580.2(i).)
• Hit-and-Run UM Claims: These generally require physical contact with the unknown vehicle, a report to law enforcement within 24 hours, and a sworn statement to the insurer within 30 days. (Cal. Ins. Code § 11580.2(b).)

The government-claim deadline is separate from the ordinary personal injury deadline. Meeting the two-year deadline does not cure a missed government claim.

What If A Deadline Was Missed Or May Start Later?

Some rules can pause, delay, or provide limited relief from a filing deadline. These rules are fact-specific and should not be assumed to apply.

• Claims Involving Minors: For many claims against private defendants, the filing period is generally paused while the injured person is under 18. (Cal. Civ. Proc. Code § 352.)

  This rule does not pause the government-claim deadline. A minor injured in a crash involving a public entity may still meet the six-month claim requirement.

• Delayed Discovery: In some cases, the filing period may begin later. This applies if the injury or its wrongful cause was not reasonably discoverable at an earlier time. This rule occurs less commonly in ordinary crashes where the injury and cause are immediately known.

• Late Government Claims: Missing the six-month government deadline doesn’t always end the claim right away. You may apply for permission to present a late claim.

  The application generally needs to be made within a reasonable time. It must be submitted no later than one year after the claim arises. It must explain why the original deadline was missed. (Cal. Gov. Code § 911.4.)

• Minors and Late Government Claims: Minority can provide grounds for granting a late-claim application in qualifying cases. However, the one-year limit for seeking late-claim relief still requires close attention. (Cal. Gov. Code §§ 911.4, 911.6.)
• If a Late-Claim Application Is Denied: You may be able to ask a court for relief. The petition generally must be filed within six months after the application is denied or treated as denied. (Cal. Gov. Code § 946.6.)

A missed deadline does not always mean the same thing in every case. The type of defendant, the claimant’s age, and when the claim arose can all change the analysis.