Is there a statute of limitations for filing a claim involving a vehicle rollover?
In California, the statue of limitations for filing a claim involving a vehicle rollover is two years. This is dictated by California Code of Civil Procedure section 335.1. The time period commences at the time of the rollover accident or when the injured party discovers or should have discovered the injury or death related to the rollover incident. Generally, this must be done before two years has elapsed otherwise the injured party may be barred from bringing a personal injury or wrongful death claim as a result of the rollover accident. It is important to note that the period may be shortened by certain other state statutes. For example, California Code of Civil Procedure section 340.5 applies to persons injured or killed in motor vehicle accidents within the state. This statute reduces the statute of limitations period to one year when the claim involves personal injury or wrongful death. If the claim involves property damage only, the injured party must bring that claim within three years of the date of the rollover accident. This is found in California Code of Civil Procedure section 338 and applies to any personal property other than that of the injured party. Finally, it is important to remember that if the claim involves a governmental entity, special rules may apply. These can be found in California Government Code section 911.2(b). This statute shortens the statute of limitations period to six months. In summary, it is important for persons injured in a vehicle rollover accident to file their claim on time. California law provides for different time periods depending on the type of claim, and if a claim is filed too late, the injured or deceased person may be barred from recovery.
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