What is the statute of limitations for compensation for personal injuries caused by traffic accident

Article 188 of the General Provisions of the Civil Law of the People's Republic of China stipulates that the statute of limitations for filing a request to the people's court for protection of civil rights is three years. The statute of limitations period is calculated from the time when the right was known or should have been known.

However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not protect them. Where there are special circumstances, the people's court may extend the statute of limitations. If, within the last six months of the limitation period, the right to claim cannot be exercised due to force majeure or other obstacles, the statute of limitations is suspended.

The statute of limitations period continues to run from the date on which the reason for the suspension is eliminated. The statute of limitations is interrupted by a lawsuit, a request by one of the parties, or an agreement to perform an obligation. The statute of limitations period is recalculated from the time of interruption.

Therefore, after a traffic accident, if there is damage at that time, it should be sued within two years from that time, or within one year if it is a personal injury. If certain damages are discovered after a certain period of time, the limitation period shall be calculated from the date of discovery.

This issue involves the three-year statute of limitations stipulated in the General Provisions of the Civil Law and the one-year statute of limitations stipulated in the General Principles of the Civil Law. A more conservative view is that the one-year statute of limitations of the General Principles of the Civil Law is still valid. But the Beijing High Court held that

The provisions of the General Provisions of the Civil Law on the statute of limitations should be regarded as a comprehensive replacement of the corresponding provisions of the General Principles of the Civil Law, and the one-year short-term statute of limitations stipulated in Article 136 of the General Principles of the Civil Law is a provision under the chapter on the statute of limitations, which is not provided for in the chapter on the statute of limitations, and it can be considered that the General Provisions of the Civil Law have abolished the one-year short-term statute of limitations. Therefore, after the implementation of the General Provisions of the Civil Law, the one-year limitation period stipulated in Article 136 of the General Principles of the Civil Law no longer applies. "It is advisable to consult the opinion of the local court, or to deal with it according to the one-year statute of limitations first.

The above is before the promulgation of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the General Provisions of the Civil Law of the People's Republic of China and the Statute of Limitations System, and after the implementation of the judicial interpretation, the statute of limitations for personal injury compensation is unified to three years.

Where compensation is claimed for bodily injury, the statute of limitations is one year.

The lawyer answers: The statute of limitations for personal injury compensation for traffic accidents is three years, and the statute of limitations is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow the provisions of Ziye. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

Legal basis: Article 188 of the Civil Code of the People's Republic of China: The statute of limitations for filing a request to the people's court for protection of civil rights is three years. Where the law provides otherwise, follow those provisions. The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor.

Where the law provides otherwise, follow those provisions. However, where more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights on the basis of the application of the seller of the rights.