Home > Research Legal Advice > Car / Auto Accident > What is the Statute of Limitation for auto accident in California?
Asked 7 months ago - Moraga, CA
FlagMy car came in contact with parked car due to my fault. There were no visible damage on either car. It was 13 months ago and the owner did not communicate with me even though we exchanged info. I have since sold my car and lost the cell-phone on which I took photos. What is the statute of limitation for such a case? I want to know for how long will I have to worry about this.
C.C.P. Section 335.1. "Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another." The statute may be tolled for reasons of insanity, minority, imprisonment, absence in the state, etc.
C.C.P. Section 338 further states, "Within three years: (a) An action upon a liability created by statute, other than a penalty or forfeiture; (b) An action for trespass upon or injury to real property; (c) (1) An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property."
You should consult an attorney about the time limit that applies to the facts of your specific case.
Under Cal. Civ. Proc. Code ยง 312 et seq.
2 years for Personal Injury (this includes injury automobile accident)
3 years for damages to Personal Property...
For other states, here is a link: http://www.nolo.com/legal-encyclopedia/statute-...
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