What is the relevant statute of limitations period for an action for personal injury arising from a motor vehicle accident?

California, United States of America


The following excerpt is from SFD Union Square, LLC v. Putris, A130720 (Cal. App. 2012):

4.Plaintiff contends the relevant statute of limitations period is set forth in either Code of Civil Procedure section 343 or 338. The first of these provisions states: "An action for relief not hereinbefore provided for must be commenced within four years after the cause of action shall have accrued." (Code Civ. Proc., 343.) This is the catchall provision that provides a statute of limitations in situations where no specific limitations period applies. (Stoll v. Superior Court (1992) 9 Cal.App.4th 1362, 1366.) Code of Civil Procedure section 338 states in part that an action upon a liability created by statute, other than a penalty or forfeiture, has a three-year statute of limitations period. We need not decide which statute applies to the present case as the petition was filed well within the bounds of both statutory limitations periods.

Other Questions


Can a plaintiff bring an action under the California Motor Vehicle Accident Prevention Act for damages arising out of a motor vehicle accident? (California, United States of America)
What is the statute of limitation period for an action brought by a person who was injured in a motor vehicle accident? (California, United States of America)
When a personal representative is substituted as a party to a personal injury action, is the personal representative required to present a claim under section 709 of the California Motor Vehicle Act? (California, United States of America)
Does a defendant plead in bar to a plaintiff's action in the municipal court for damages for personal injuries arising out of a motor vehicle accident? (California, United States of America)
Can a plaintiff in a motor vehicle personal injury action take action against the driver of the vehicle involved in the collision, if the original complaint does not name the driver? (California, United States of America)
What is the test for determining whether a defendant is liable for a motor vehicle accident under the California Vehicle Accident Act or the California Motor Vehicle Act? (California, United States of America)
Does estoppel 3 bar a wife from a claim for general damages in a personal injury action arising from a motor vehicle accident? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Is an employer's claim for reimbursement under section 3852 of the California Motor Vehicle Accident and Accident Compensation Act limited to recovery for damages proximately caused by the accident? (California, United States of America)
What is the difference between personal observation of a motor vehicle accident and personal witnessing of the accident? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.