How to calculate the statute of limitations for motor vehicle traffic accidents

1. For losses unrelated to human body caused by traffic accidents, such as vehicle damage, on-board cargo loss, etc., the statute of limitations is two years.

2. For obvious personal injuries caused by traffic accidents, such as medical expenses, lost work expenses, transportation expenses, etc., the statute of limitations shall be calculated for one year from the date of the traffic accident.

However, if the claim is not terminated within one year or the disability is not determined within one year, the provisions of Article 139 of the General Principles of the Civil Law shall apply, "If the right of claim cannot be exercised due to force majeure or other obstacles within the last six months of the limitation period, the statute of limitations shall be suspended." The statute of limitations period continues to run from the date on which the reasons for the suspension of the statute of limitations are removed. That is, from the end of the ** or the date of disability, continue to calculate the remaining six months.

3. For hidden injuries caused by traffic accidents, such as traumatic aphasia, hemiplegia, muscle atrophy of limbs caused by nerve injury, delayed bleeding caused by contusion of liver, spleen and kidney, etc., the statute of limitations for litigation shall be calculated for one year from the date when the hidden injury is diagnosed or when it is identified by the relevant departments as having a causal relationship with the traffic accident.

4. For those who fail to reach a mediation agreement through mediation by the public security traffic management department, the statute of limitations shall be calculated according to the different nature of the loss from the date of receipt of the mediation termination letter; For those who fail to perform within the time limit after reaching a mediation agreement or after the two parties reach an agreement through negotiation, the statute of limitations for litigation shall be calculated according to the date of expiration of the performance period determined in the mediation agreement.

5. After the mediation of the public security traffic management department or the conclusion of the case by the people's court, if the injured person has sequelae related to the road traffic accident, he or she can sue for the relevant expenses caused by the sequelae, and the statute of limitations shall be from the date of diagnosis of the sequelae or from the date of confirmation of the relationship between the sequelae and the traffic accident by the medical department and the appraisal agency.

The statute of limitations is 1 year for personal injury and 2 years for property damage.

The effective period for suing for a traffic accident is one year, which is only for personal injury, and if it is a coincidence of property damage, the limitation period should be three years. However, if the victim does not realize that his rights have been violated on the date of the traffic accident, it shall be counted from the date on which the victim knew or should have known that his or her personal or property rights had been violated.

Legal basis

Article 188 of the Civil Code stipulates that 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, 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.

The statute of limitations for traffic accidents is three years from the date of the accident. Compensation for traffic accidents is a civil dispute, and the statute of limitations for civil action applies, which is three years for general civil litigation, and is calculated from the date on which the parties know that their rights have been infringed. If the victim asserts rights against the infringer, the statute of limitations runs from the date of the last assertion of rights.

Legal basisArticle 188 of the Civil Code of the People's Republic of China.

The statute of limitations for filing a request to a people's court for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions.

The statute of limitations period is calculated from the date on which the right holder knows or should be defeated that the right has been damaged and that the obligor has been informed. Where there are other provisions in the law, 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 designate an extension on the basis of the rights holder's application for a letter of decision.

Within 1 year from the date of termination of medical treatment**.