If you were recently hurt in a crash, you are probably juggling doctor visits, car repairs, and calls from insurance adjusters — all while trying to heal. The last thing you need is to lose your right to compensation because a legal deadline quietly passed. This guide explains, in plain English, how long you have to sue after an accident in California, and why the real deadline is often sooner than people expect.
The basic rule: two years for most injury lawsuits
California law generally gives you two years from the date of the accident to file a personal injury lawsuit (Code of Civil Procedure § 335.1). This two-year statute of limitations covers most car accident injury claims, whether you were a driver, passenger, motorcyclist, bicyclist, or pedestrian.
The rule applies no matter how the crash happened — including rear-end collisions, where fault questions can be trickier than they look.
If a family member died in the crash, a wrongful death lawsuit generally must be filed within two years of the date of death (Code of Civil Procedure § 335.1).
Two years sounds like plenty of time, but some situations cut that window to just six months — and building a strong case takes time either way.
Exceptions that can shorten (or extend) your deadline
Accidents involving the government: six months
Different rules apply if your crash involved a government vehicle or employee — a city bus, a county truck, a police cruiser — or a dangerous road condition like a missing stop sign. Before you can sue a California public entity, you generally must file an administrative claim with that agency within six months of the injury (Government Code § 911.2). If the agency rejects your claim, you then typically have six months from the date the rejection notice is personally delivered or mailed to file a lawsuit (Government Code § 945.6).
Six months passes fast when you are recovering. If a government agency may have played any role in your crash, talk to a lawyer right away.
Injured children
If the injured person is under 18, the clock is generally paused — the legal term is “tolled” — until their 18th birthday (Code of Civil Procedure § 352). In many cases, that means an injured child has until age 20 to file a car accident injury lawsuit. Be careful, though: the six-month government claim deadline is not automatically extended for minors in the same way. Parents should not assume there is no rush.
Injuries you discover later
Some injuries do not show up right away. Under California’s “delayed discovery” rule, the clock may not start until you discovered — or reasonably should have discovered — your injury and its likely cause. Courts apply this exception narrowly, so do not count on it. See a doctor promptly after any crash — for your health and your case.
Hit-and-run drivers and uninsured motorists
If the at-fault driver fled the scene or has no insurance, your compensation may come from the uninsured motorist (UM) coverage in your own auto policy. UM claims run on their own clock: within two years of the accident, you generally must either file a lawsuit against the uninsured driver, reach a settlement agreement with your insurer, or formally demand arbitration (Insurance Code § 11580.2(i)). Hit-and-run claims add extra requirements — the crash generally must be reported to police within 24 hours and a sworn statement filed with your insurer within 30 days (Insurance Code § 11580.2(b)). Your policy will also say how quickly you must notify your insurer, so report the crash right away.
Property damage has a different deadline
The two-year limit applies to injuries to your body. Damage to your property — your car, your phone, a child’s car seat — runs on a longer clock: three years from the date of the accident (Code of Civil Procedure § 338(c)).
That difference matters. Vehicle damage and injury are separate claims with separate deadlines, and the paperwork you sign for one can sometimes affect the other — so read any release carefully before signing.
Why waiting hurts your case — even before the deadline
The statute of limitations is the legal cutoff, but the practical deadline comes much earlier. Evidence disappears: skid marks fade, vehicles get repaired, and nearby cameras often keep footage only briefly before it is overwritten. Witnesses get harder to find as memories fade and people move. Insurers expect prompt notice — auto policies typically require you to report a crash quickly, and late reporting can complicate your claim. Gaps in medical care hurt too: if you delay treatment, the insurance company may argue your injuries were minor or came from something else. And your lawyer needs runway — investigating the crash, gathering records, and valuing your claim all take time, while a hidden six-month government deadline can slip past quickly.
None of this means you should panic. It means the best time to get answers is now, not month 23.
Settling with the insurance company is not the same as filing a lawsuit
This point trips up a lot of people. An insurance claim is a request for payment handled outside of court. A lawsuit is a formal case filed with the court. The statute of limitations applies to filing the lawsuit — and negotiating with an insurance company does not pause that clock.
Insurance companies know these deadlines well. If talks drag past the two-year mark with no lawsuit on file, your leverage largely disappears — the insurer knows you can no longer take the case to court. That is why attorneys often file suit before the deadline even while settlement talks continue. Filing protects your rights without ending negotiations, and many claims still resolve without a trial.
Frequently asked questions
What is the statute of limitations for a car accident in California?
For injuries, it is generally two years from the date of the crash (Code of Civil Procedure section 335.1). For vehicle or other property damage, it is three years (Code of Civil Procedure section 338(c)). If a government agency is involved, you generally must file an administrative claim within six months (Government Code section 911.2).
What is the statute of limitations for personal injury in California?
The same two-year rule covers most California personal injury claims — not just car accidents, but also motorcycle crashes, pedestrian injuries, slip and falls, and dog bites (Code of Civil Procedure section 335.1).
Can I sue after a car accident in California if I was partly at fault?
Usually, yes. California follows a pure comparative negligence rule, meaning you can still recover compensation even if you share some blame — your recovery is simply reduced by your percentage of fault. We break down how this works in our guide to comparative negligence in California car accidents.
How long does a car accident settlement take?
There is no single answer. Straightforward claims sometimes resolve in a few months, while cases with serious injuries or disputed fault can take a year or longer. Every case is different, and no timeline or outcome can ever be guaranteed — but starting early usually beats racing the deadline.
What happens if I miss the deadline to sue?
If you file after the statute of limitations runs out, the court will almost certainly dismiss your case, no matter how strong it is. A few narrow exceptions exist, so it is still worth having a lawyer review your situation — but do not count on an exception to save your claim.
Not sure where you stand? Find out for free
Deadlines are stressful, and every crash is different. If you were hurt in an accident anywhere in Southern California, the team at B&D Law Group, APLC in Los Angeles can review your situation, map out your deadlines, and answer your questions in a free, no-obligation consultation. There is no pressure and no cost to talk — contact us here whenever you are ready.
Sources and notes
- Cal. Civ. Proc. Code § 335.1 (two-year personal injury and wrongful death period); § 338(c) (three years for injury to personal property); § 352 (tolling during minority). Text verified against the current code as published by FindLaw.
- Cal. Gov. Code § 911.2 (six-month claim presentation) and § 945.6(a)(1) (suit within six months after the rejection notice is personally delivered or deposited in the mail). Text verified against the current code as published by FindLaw.
- Cal. Ins. Code § 11580.2(i) (two-year UM deadline: suit, settlement agreement, or arbitration demand) and § 11580.2(b) (24-hour police report and 30-day sworn statement for unidentified-vehicle claims). Text verified against the current code as published by FindLaw.
- Comparative fault: Li v. Yellow Cab Co., 13 Cal.3d 804 (1975). Delayed discovery is a judicially developed doctrine applied narrowly; whether it applies is fact-specific.
This article is the responsibility of B&D Law Group, APLC, a California personal injury law firm with its principal office in Los Angeles, California. Attorney advertising. This is general information, not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case depends on its own facts; results differ based on different facts, and past results do not guarantee a similar outcome. Deadlines depend on the specific facts of your case — speak with a licensed California attorney about your situation.
Related Reading
- Workplace Injury vs. Personal Injury Claim: What’s the Difference?
- California Workers’ Compensation Statute of Limitations: How Long Do You Have to File?
- Personal Injury Attorney in Irvine, CA
- Personal Injury Lawyer in Visalia, CA
- Car Accident Lawyer in Visalia, CA
- Car Accident Attorneys — B&D Law Group