A vehicle accident is a very unfortunate experience for anyone to go through and will often leave the parties involved, especially the victim, with physical injury, emotional scars, and financial strain. Such kind of injuries may stay with the victim for a long time. It is good to understand that there is a two-year statute of limitation applicable should a lawsuit prove inevitable and necessary. Most auto insurance in California cases are settled away from the judge, but one should be able to know his or her options in case that option is no longer viable.
To understand the purpose of such a statue of limitation in relation to California car insurance laws, you should understand what it entails. A statue of limitation is a particular window of time stipulated in the insurance law of the particular state, in this case California, within which you can make a claim or initiate lawsuit proceedings. In a civil case this is the time it takes for the complainant or plaintiff to file the lawsuit while in a criminal case, it the time the prosecution, usually the state, takes to charge the defendant with the offence. In California, failure to do so within the specified period bars the prosecution or plaintiff from ever doing so in the future.
The different states have the prerogative to determine their own respective statutes of limitation. This applies to criminal and civil settings. In California in particular, an auto accident claim or an auto accident lawsuit falls under the scope of personal injury torts. This means that if someone is injured in an accident in California either due to another party’s negligence or due to a wrongful act on their part, the complainant has a minimum period of up to 2 years to file a civil claim or criminal proceedings.
The California car insurance procedure in case someone has suffered injury resulting from a vehicle accident is clear. He or she will have the option to negotiate an out of courtroom in place of taking the matter before a judge. These negotiations will involve the complainant and the defendant and will include the California insurance in California representing the policyholder. These proceedings may also include a mediator or a third party to help resolve the dispute. However, all these efforts may fail and he or she may resolve to take it to court and file a lawsuit. Here the law is clear that he or she must file the lawsuit within two years in the state of California and although it may take a while to get the claim, it would be futile if the California statute of limitations concerning car accidents had not been adhered to.
Victims of car accidents in California should have such valuable information and procedure at their fingertips. A competent car insurance company in California should equip their client with such information. To find key auto insurance in California, enter your zip at the slot above the page and get comparing.
