Everything You Need to Know About the Statute of Limitations for Traffic Accident Claims – Complete Guide 2025
Introduction
Traffic accidents cause not only material damages and physical suffering but can also lead to legal complications if not handled properly. One of the most important legal concepts any victim must understand is the statute of limitations. Failure to act within this time frame may result in the permanent loss of the right to compensation.
This comprehensive guide will show you:
- What the statute of limitations is for car accident claims
- How long it lasts in 2025
- How it is calculated and when it begins
- How you can legally interrupt it
- What you risk if you miss the deadline
- Concrete advice from lawyers
1. What Is the Statute of Limitations in Civil Law?
The statute of limitations is the time period during which a person can legally enforce their right in court. After this period expires, the injured party can no longer request compensation because the right to legal action is considered extinguished.
There are two main types of limitation periods:
- Extinctive prescription – leads to the loss of the right to enforce a legal obligation
- Forfeiture – a more severe sanction where the right itself disappears
In the case of traffic accident claims, we are dealing with extinctive prescription.
2. Statute of Limitations for Property and Moral Damages in Traffic Accidents
In Romania, according to the Civil Code, the general statute of limitations for tort liability (including traffic accidents) is 3 years.
This term applies to both:
- Property damages (vehicle repairs, damaged items, etc.)
- Moral damages (trauma, emotional suffering, disability, etc.)
3. When Does the Statute of Limitations Begin?
The time limit starts from the moment the injured party knew or should have known the damage and the liable person. Typically, this moment coincides with the date of the accident.
Examples:
- Minor accident: the term starts on the day of the accident.
- Serious accident with delayed medical consequences: the term may start when a definitive medical diagnosis is established.
4. Exceptions and Special Cases
- Minors: the limitation period is suspended until they reach 18 years of age.
- Temporary incapacity (coma, hospitalization): the limitation is suspended during the incapacity.
- Legal entities: the term applies similarly, but can be interrupted by formal notices.
5. How Can You Interrupt the Statute of Limitations?
You can interrupt the limitation period by:
- Sending an official notification to the liable party or insurer
- Filing a criminal complaint against the liable person
- Filing a lawsuit for compensation
- Engaging in legally documented mediation or negotiation
Each of these actions causes the limitation period to restart from zero.
6. What Do You Risk If You Miss the Deadline?
- You can no longer claim compensation in court
- The insurance company can legally reject your claim
- Any lawsuit will be dismissed as time-barred
Solution: If you’re approaching the deadline, act fast – file an official request or consult a lawyer.
7. Expert Advice from Personal Injury Lawyers
- Document all evidence immediately after the accident
- Keep all receipts, police reports, medical records, and correspondence with insurers
- Never delay – notify the liable party promptly
- Hire a lawyer specialized in traffic accidents
8. Case Studies – Jurisprudence
- Case no. 1294/212/2021 – Constanța Court rejected a claim filed 3 years and 4 months after the accident
- Decision no. 584/2020 – Bucharest Court of Appeal accepted a claim from a minor 5 years after the accident (limitation was suspended)
9. Frequently Asked Questions (FAQ)
Q: Can I claim damages 4 years after an accident? A: Only if there is a legal reason for suspension/interruption (e.g., minor, temporary incapacity).
Q: If I notify the insurer, does the limitation stop? A: Yes, a written notice can interrupt the statute of limitations.
Q: Can the court extend the limitation period? A: No. The limitation term is imperative and cannot be extended.
10. Conclusion
The statute of limitations is a legal trap for those who are unaware of the law or fail to act in time. To avoid losing your right to compensation after a traffic accident:
- Record the date of the accident
- Calculate the 3-year term
- Legally interrupt the term if necessary
- Seek professional legal help
A simple mistake or delay can cost you thousands of euros. Don’t let time make the decision for you.
Need legal help for your accident case? Contact a specialized traffic accident lawyer in your area today!
