Maison Law Accident & Injury Lawyers of Modesto represent injured car accident victims in Modesto. The time to file an auto insurance claim in Modesto after an accident will ultimately depend on your insurance policy.
Typically, most insurance policies require accident reporting within 24 to 72 hours. So, it is recommended to check your insurance policy to understand the time you have to file your insurance claim.
Personal injury claims, such as auto accidents, have a statute of limitations of two years from the day of the accident. Auto insurance claims usually require evidence and witness statements to prove liability, so it is important to file a claim as soon as possible. Evidence can deteriorate over time and witnesses may forget critical details, which can be harmful to your claim.
Exceptions to the Statute of Limitations in California
In most cases, the statute of limitations for car accidents begins on the date the collision took place. However, the time can vary based on the following facts:
- Injuries: An injury can take time to form or for the injured victim to become aware of their injury. The discovery of an injury can postpone the start date for the statute of limitations on a claim.
- Wrongful death: a person may lose their life at a much later date due to health complications from the accident. In this case, the victim’s family will be given two years from the day they lost their loved one to file a claim.
Factors that can shorten the statute of limitations are claims against the government. Claims against the government must be filed within 6 months of the accident, or the date of the injury.
How Much Can I Get from an Auto Insurance Claim in Modesto if I Wasn’t at Fault?
If you are not found at fault for the accident, then you are entitled to whatever settlement amount you and the insurance company agree upon. A Car Accident Lawyer can help you understand what your settlement is worth, depending on the details of your car accident. However, no case is the same and the outcomes vary on a case-by-case basis. The following factors will play a large part in determining the total value of your car accident settlement:
- Severity of injuries: These can be broken down into 3 tiers, with Tier 3 being the most severe.
- Tier 1: Minor, non-surgical injuries such as strains, sprains, and contusions.
- Tier 2: Deep lacerations, broken or fractured bones that require surgical intervention
- Tier 3: Traumatic brain or spinal cord injuries, resulting in temporary or permanent function loss
- Insurance coverage: the extent of the at-fault party’s insurance policy
- Lost income: Total amount of lost wages, which were a direct result of the injuries sustained from the accident.
- Medical Expenses: Medical expenses incurred from your injuries and any future medical treatments you may expect to have.
- Pain and Suffering: Emotional stress, trauma, and anxiety caused by how much your life has changed since the accident.
What is the Discovery Rule?
The discovery rule delays the statute of limitations if you could not have reasonably known about your injuries right away. For example, you get in a minor accident that causes you to bump your head. Your head hurts, but there’s no visible damage, so you don’t see any reason to pursue a lawsuit against the owner.
Years later, however, you begin to have neurological issues that your doctor says must be from a time when you suffered some sort of blunt trauma to your head. In this situation, the “discovery rule” applies as the two-year clock does not start running until the day your injury was discovered and you would able to file a claim against the liable party’s insurance to recover damages.
It is important to note that even if you feel your injuries are minor, it is recommended to get checked out by a doctor. By seeing a doctor, you’ll not only be protecting your physical health but your right to compensation as well.
Contact a California Car Accident Lawyer
If you or a loved one have been involved in a car accident in Modesto, Masion Law Accident & Injury Lawyers of Modesto is here to get you the compensation you need. Our team of experienced accident attorneys understand how to exercise every avenue of the law to aggressively pursue liable parties for the full extent of your damages.
Whether you’re looking for a more experienced law firm to handle your case, or you’re pursuing a personal injury claim for the first time, our firm is here to help guide you through the legal process. Contact us today for a no-cost, no-obligation consultation.