What is the statute of limitations for a plaintiff in a motor vehicle accident?

California, United States of America


The following excerpt is from Vaca v. Wachovia Mortg. Corp., G044107 (Cal. App. 2011):

"The statute of limitations usually commences when a cause of action 'accrues,' and it is generally said that 'an action accrues on the date of injury.' [Citation.] Alternatively, it is often stated that the statute commences 'upon the occurrence of the last element essential to the cause of action.'" (Bernson v. Browning-Ferris Industries (1994) 7 Cal.4th 926, 931 (Bernson).) "These general principles have been significantly modified by the common law 'discovery rule,' which provides that the accrual date may be 'delayed until the plaintiff is aware of her injury and its negligent cause.'" (Ibid.) Now, under the discovery rule, "'the statute of limitations begins to run when the plaintiff suspects or should suspect that her injury was caused by wrongdoing, that someone has done something wrong to her.'" (Id. at p. 932.)

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