Hi I'm Sally Morin San Francisco personal injury attorney and I'm here to talk about statute of limitations and personal injury cases in California okay so first of all a statute of limitations is a time period that you have to either settle your case or file a lawsuit to preserve your legal rights in a normal personal injury case like a auto accident bicycle motorcycle pedestrian or like slip-and-fall you've got two years in California from the date the accident happened to either settle the case or file your lawsuit okay however if that's against a governmental entity let's say the city or a county you've got to go through a claims process with that governmental entity you have to file a claim with them typically it's a form on their website you fill that out and you file it with them they've got 45 days to respond to you nine times out of ten they're gonna reject your claim that's just how they do it from the date of the rejection you then have six months to file your lawsuit to preserve your rights okay if this is a medical malpractice case we're talking about then you've got one year from the date that the accident happened or from the date that you discover the accident to file a claim with the medical provider in order to preserve your rights okay the bottom line though on statute of limitations is that you don't want to let your case run close to the statute of limitations before you consult with an attorney because a lot of times the attorneys are not going to want to take on a case that's really close to the statute of limitations they've got too much going on and that's quite a liability to...
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Penalty not filing Sr1 california Form: What You Should Know
The California DMV will still consider the SR-1 reports even if they don't follow the reporting requirements. How to File SR 1 Reports with the California DMV You need to fill out the form online via the DMV website, you must also keep it as evidence of your accident. Informational Page on the DMV Filing a Report of Traffic Accident You'll need: A completed and signed (and notarized) SR-1 report of the accident to file. California Vehicle Code 4907.7(a) : This states that an accident report: “May be reported as soon as practicable, which may be the report required by Section 2 of Bill Number SB 489, or by the first class mail. The report shall be considered the official traffic accident report of the driver involved, unless an emergency occurs, such as a fire or a sudden stop or accident, in which case it shall be considered only as a traffic accident report at the request of the Chief of the County Emergency Service Department.” California Vehicle Code 485 .5(a): An accident report must include the following information: State of the accident and the traffic report number on the report (for an SR-1 report) Vehicle Information (including: make, model, year, color, and license plate number) Accident location, as specified by the State Traffic Commission. Vehicle type and type identifier. (See Table 2.) Location of the person at the time of the accident. Whether an occupant of the vehicle was injured, killed, or trapped by debris, or was a pedestrian. Whether a crime was committed. Where the damage to vehicles or property was assessed. Whether you are driving the vehicle. Description of the accident. Description of the injuries to the driver. Any other information or details that would enable the Department to determine who was at fault. (See Table 3.) Table 3: California Traffic Accident Identification Records Vehicle type description Vehicle information description Vehicle type identifier Vehicle type identification number Injuries to the driver Victim Injuries to anyone injured by vehicle or any other property Victim in collision Damage to an occupant of a vehicle Victim killed in accident NOTE: If no vehicle information is entered in your accident report, the DMV will automatically add information such as whether you drive the vehicle, your name, etc. It is important to record a copy of the accident report which will provide you with a record that you filed an SR 1 report and that you are still valid.
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