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What is the Statute of Limitation for auto accident in California?

Moraga, CA |

My 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.

Attorney Answers 7

Posted

2 years.

While I am an attorney, I am not your attorney. You should always speak with your own attorney to gain full and complete legal advice.

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Alison Swicker Gokal

Alison Swicker Gokal

Posted

2 years. Unless the other driver was a minor, and then he/she could file up to two years after his/her 18th birthday.

Posted

two years, but consult with a CA attorney to confirm.

You should consult an attorney in your State at once. This response does not constitute legal advise outside the State Of Michigan and is not intended to establish an attorney-client relationship with our offices. It is for informational use only of the general laws in the State of Michigan, only. To retain our offices, you need to sign a contingency contract with us. We do offer free consultations and we can refer clients to lawyers in your State if you call us. Visit our webpage and tell us what you think. www.schnitzerlaw.net

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Posted

2 years from the date of the accident to file an injury claim. 3 years from the date of the accident to file a property damage claim.

This information is not, nor is it intended to be, legal advice, nor the formation of an attorney-client relationship.

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Frank Marvin Nunes

Frank Marvin Nunes

Posted

If you don't settle the claims or file suit before the statute of limitations expires, your right to persue the claim will be forever lost. Do not miss the deadlines.

Posted

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.

This response does not create an attorney-client relationship between you and I. I am not your lawyer and I am not representing you in the underlying issue stated in your question. The response I have offered is not intended to be relied upon, you should seek out an attorney to assist in this matter.

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Wendy Ha Chau

Wendy Ha Chau

Posted

I like this, very concise!

Posted

Under Cal. Civ. Proc. Code § 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-of-limitations-state-laws-chart-29941.html

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Wendy Ha Chau

Wendy Ha Chau

Posted

Correction: CODE OF CIVIL PROCEDURE SECTION 335-349.4

Posted

I agree with Mona Deldar

This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

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Posted

Typically 2 years from date of accident for personal injuries and 3 years for property damage.

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