You have two years from the date of your car accident to file a personal injury lawsuit in California. For property damage claims, you have three years.
But in some cases, these deadlines can be significantly shortened, especially when government vehicles are involved. In these cases, you must file a formal claim within six months.
It’s essential to understand these deadlines because if you miss them, you will not be eligible for compensation, regardless of how severe your injuries are or how apparent the other driver’s fault is.
The time limit for filing a lawsuit also changes depending on whether you are suing for wrongful death, a minor, or injuries that aren’t obvious right away after your crash.
What Is the Statute of Limitations for Car Accidents in California?
In California, you have two years from the date of your car accident to file a personal injury lawsuit. The statute of limitations is the legal deadline for taking your case to court, and it’s established by California Code of Civil Procedure Section 335.1.
If you miss this two-year window, the court will dismiss your case, no matter how badly you were hurt or how clear it is that the other driver caused the crash. This means you permanently lose your right to seek compensation through the legal system.
When Does the Deadline Start to Run?
For most car accidents, your two-year clock starts ticking on the exact date of the crash. However, determining the precise start date can sometimes be trickier than it appears.
The standard rule is simple: the day of your accident is day one of your two-year countdown. But California law recognizes that some situations are more complex.
In some cases, the clock may start later if your injuries weren’t immediately apparent or if other exceptional circumstances apply. While personal injury claims have a two-year statute of limitations, property damage claims follow different timing rules.
Deadlines for Property Damage Claims
California gives you three years from your accident date to file a lawsuit for property damage under Code of Civil Procedure Section 338. This longer timeline covers the financial losses to your belongings, which are typically addressed through the car accident settlement process in California.
Property damage includes several types of losses:
- Vehicle repairs: Fixing dents, broken glass, and mechanical damage.
- Vehicle replacement: If your car was totaled in the crash.
- Personal items: Laptops, phones, or other belongings damaged in your car.
You can have both deadlines running concurrently from the same accident. This means two years for your injuries and three years for your property damage.
Deadlines if a Government Entity Is Involved
If a government worker or vehicle causes your accident, you have much shorter and stricter deadlines. You can’t go straight to court; you have to first file a formal administrative claim with the government agency.
Six-Month Claim Requirement
You have only six months from your accident date to file what’s called a “tort claim” with the correct government agency when you need to sue the government. This rule applies when your crash involved:
City vehicles:
Buses, maintenance trucks, or other city-owned cars.
Police cars:
Whether on duty or off duty.
County vehicles:
Road crews, sheriff’s department, or county services.
State vehicles:
Highway patrol, Caltrans, or other state agencies.
After filing your claim, the government has 45 days to respond. If the agency denies your claim or fails to respond, you may have a limited time after that to file a lawsuit.
One-Year Property Damage Claim
For property damage against government entities, you get one year instead of six months to file your initial administrative claim. You still must follow the same formal claim process before you can sue in court.
Federal Government Vehicles
Accidents involving federal vehicles, such as postal trucks, are governed by the Federal Tort Claims Act; claimants generally have two years to file an administrative claim. You have two years to file an administrative claim with the correct federal agency before you can pursue a lawsuit.
What Exceptions Pause or Extend the Deadline?
Certain situations can pause or extend the statute of limitations under a legal concept known as “tolling.” These exceptions aren’t automatic and often require proof in court.
Minor Injuries and Children
If you’re under 18 when the accident happens, the two-year clock doesn’t start until your 18th birthday. If the injured person was a minor at the time of the crash, the filing deadline is often paused until they reach adulthood, which can extend the time to sue.
Mental Incapacity
If the accident leaves you mentally incapacitated or if you have another condition affecting your mental capacity, the deadline may pause. The clock might not start until your mental competence returns.
Discovery of Injury
The “discovery rule” applies when injuries aren’t immediately apparent after your crash. The statute of limitations might not begin until you discovered the injury or reasonably should have discovered it through medical care.
Some injuries that might qualify for the discovery rule include:
- Internal injuries: That don’t show symptoms right away.
- Brain injuries: With delayed cognitive effects.
- Spinal damage develops over time.
Defendant Out of California
If the at-fault driver leaves California after your accident, the time they’re absent from the state might not count toward your two-year deadline.
Uninsured Motorist Claims
Claims against your own insurance company for uninsured or underinsured motorist coverage often follow different deadlines. Your insurance policy terms usually dictate these timelines, which can be shorter than two years.
Wrongful Death Accrual
For wrongful death claims, the two-year clock typically starts on the date of death, not the accident date. This can sometimes extend your filing deadline if the person died days or weeks after the crash.
How Long After a Car Accident Can Someone Sue You in California?
The statute of limitations applies to both plaintiffs and defendants in California. If you caused an accident, the other party has the same two-year deadline to sue you for their injuries.
This rule provides you with closure and prevents the threat of a lawsuit from hanging over you indefinitely. Once two years pass, you generally cannot be sued for personal injuries from that specific accident.
Your auto insurance company has a legal duty to defend you if someone sues you within the deadline. You should immediately notify your insurer if you receive any legal papers related to an accident.
What Is the Time Limit for Car Insurance Claims in California?
Insurance claim deadlines are entirely separate from lawsuit deadlines. Your insurance policy requires you to report accidents “promptly” or within a “reasonable” time, which is much shorter than two years.
Policy Notice Requirements
Most insurance companies expect rapid reporting of accidents, and understanding how long you have to report a car accident to your insurance company is crucial:
- Hit-and-run accidents: Often require reporting within 24 hours.
- Standard collisions: Should be reported within a few days.
- Uninsured motorist claims: May have immediate reporting requirements.
Every policy is different, so you should check your specific insurance contract for exact deadlines.
Claim vs Lawsuit Deadlines
Filing an insurance claim does not pause or extend your two-year statute of limitations for a lawsuit. Even if you’re actively negotiating with an insurance company, you must still file a lawsuit before the two-year deadline to protect your legal rights.
Many people mistakenly believe that ongoing insurance negotiations extend their legal deadline. This is not true and could result in permanently losing your right to compensation.
What Documents Help Start Your Claim on Time?
Gathering the proper documents immediately after your accident helps your attorney build a strong case and file on time. Having organized records also speeds up the legal process.
To start your claim efficiently, keep your police report number, medical records, scene photos, and witness contact information organized, and remember to file your mandatory SR-1 form with the DMV within 10 days within 10 days of the accident .
When Should You File a Claim or Lawsuit?
While you have two years to file a lawsuit, waiting until the last minute is rarely smart. Acting quickly preserves evidence and gives you greater leverage with insurance companies.
File Early Even if Treatment Continues
You don’t need to wait until your medical treatment ends to file a lawsuit. An experienced attorney can file suit to protect your deadline while you continue receiving care, which is why understanding when it’s too late to get a lawyer for a car accident is so important.
At Krasney Law Accident Attorneys, we work with medical experts to estimate your future treatment costs so they can be included in your legal claim. This ensures you’re compensated for both current and ongoing medical needs.
Watch Negotiation Traps Near Deadline
Insurance companies know the statute of limitations is a hard deadline that cannot be extended. Some adjusters deliberately delay negotiations, hoping you’ll run out of time to file a lawsuit.
Once your deadline passes, insurance companies have no legal obligation to pay you anything. Our attorneys prevent this by filing lawsuits well before deadlines approach, forcing insurers to negotiate fairly.
Do You Need a Car Accident Lawyer for Statute of Limitations Issues?
One of the best reasons to hire a car accident lawyer is to help you figure out California’s complicated legal deadlines. If you were in a car accident in California, you should hire one. If you miss a deadline, you may never be able to recover your funds.
The benefits of having legal help include:
- Deadline tracking: We monitor all applicable deadlines for your case.
- Exception identification: We know when special rules might extend your deadline.
- Proper filing: We ensure your lawsuit is filed correctly and on time.
- Evidence preservation: We act quickly to secure proof before it disappears.
At Krasney Law, we have decades of experience with California’s strict legal timelines. We work on a contingency fee basis, meaning you pay no attorney fees unless we recover money for you.
Don’t Wait, Protect Your Rights Now
The moments after a car accident are overwhelming, but protecting your legal rights cannot wait. Even if you’re unsure whether to file a lawsuit, understanding your deadlines is crucial.
Missing the statute of limitations means losing your right to compensation forever, regardless of how badly you were hurt or how apparent the other driver’s fault was. The dedicated attorneys at Krasney Law provide the personalized support you need during this difficult time.
With offices in San Bernardino, Ontario, and Riverside, we serve clients throughout California. Our commitment to one-on-one legal support ensures no detail is overlooked and no deadline is missed.
Contact us today for a free consultation to evaluate your case and protect your right to compensation. Don’t let time run out on your opportunity for justice.
FAQs California Statute of Limitations for Car Accidents
Do Insurance Claim Deadlines Extend the Court Filing Deadline?
No, filing an insurance claim does not change your two-year deadline to file a lawsuit in court. These are two separate, independent deadlines you must meet.
What Happens if I Am Still in Treatment When the Deadline Is Close?
You should file your lawsuit before the deadline expires, even if you’re still receiving medical treatment. Your attorney can include costs for both current and future medical care in your legal claim.
How Do Uninsured Motorist Deadlines Work in California?
Your specific insurance policy sets uninsured motorist claim deadlines and can be much shorter than two years. You must review your policy immediately or consult an attorney to avoid missing this deadline.
Does Filing a Government Claim Stop the Two-Year Clock?
No, the six-month deadline to file an administrative claim against a government entity does not pause the overall two-year statute of limitations. You must still meet all applicable deadlines for your case.
Does the Deadline Pause if the At-Fault Driver Flees or Is Unknown?
In hit-and-run accidents, the two-year statute of limitations typically still begins on the date of your crash. However, you should contact an attorney immediately to explore your uninsured motorist coverage options.
