Legal knowledge

Statute of limitations for damages caused by traffic accidents:

1. For losses unrelated to personal injury caused by traffic accidents, such as vehicle damage and damage to goods in the vehicle, the statute of limitations is two years.

2. For obvious personal injuries caused by traffic accidents, such as medical expenses, lost wages, and transportation expenses, the statute of limitations is one year from the date of the traffic accident.

However, if treatment is not completed within one year or disability is not determined within one year, the provisions of Article 139 of the General Principles of Civil Law should apply: "If the right to claim cannot be exercised due to force majeure or other obstacles within six months of the statute of limitations, the statute of limitations is suspended. From the date the reason for the suspension of the statute of limitations is eliminated, the statute of limitations continues to be calculated." That is, from the date of the completion of treatment or the determination of disability, the remaining six months continue to be calculated. This book believes that those still undergoing treatment or whose disability has not yet been determined should fall under the "other obstacles that prevent the exercise of the right to claim" stipulated in Article 139 of the General Principles of Civil Law.

3. For latent injuries caused by traffic accidents, such as traumatic aphasia, hemiplegia, nerve damage leading to muscle atrophy, and liver, spleen, and kidney contusions leading to delayed bleeding, the statute of limitations is one year from the date the latent injury is diagnosed or determined by the relevant department to have a causal relationship with the traffic accident.

4. For traffic accidents where mediation by the public security traffic management department fails to reach an agreement, the statute of limitations is calculated from the date of receipt of the mediation termination letter according to the different nature of the losses; for those who fail to perform the agreement after reaching a mediation agreement or an agreement through mutual negotiation, the statute of limitations is calculated from the date of expiration of the performance period determined in the mediation agreement.

5. After a case is closed by mediation by the public security traffic management department or by a people's court, if the injured person develops sequelae related to the road traffic accident, they may sue for the relevant expenses incurred in treating the sequelae. The statute of limitations begins from the date the sequelae is diagnosed or from the date the medical department or appraisal institution confirms the relationship between the sequelae and the traffic accident.