How Long Do I Have to File a Car Accident Claim in California?
The deadlines that can make or break your case — and the exceptions
Short answer: In California you generally have two years from the date of a crash to file a personal-injury lawsuit (Code of Civil Procedure § 335.1), and three years for vehicle or property damage (§ 338). But if a government vehicle or dangerous road was involved, you must file a claim within just six months. Miss the deadline and you usually lose the right to recover entirely — so it is important to act early.
The main California deadlines
- Personal injury — 2 years. A lawsuit for bodily injury from a collision must generally be filed within two years of the date of the crash (Code of Civil Procedure § 335.1).
- Property damage — 3 years. A claim for damage to your vehicle or other property has a three-year deadline (§ 338).
- Wrongful death — 2 years. A wrongful death claim generally must be filed within two years of the date of death.
- Government entity involved — 6 months to claim. If a city, county, state (Caltrans), or transit vehicle was involved, or a dangerous public road contributed, you must present a written claim to the entity within six months (Government Code § 911.2) before you can sue. See our guide on suing a government entity.
Exceptions that can change the deadline
A handful of situations can shorten or extend these deadlines. None of them should be relied on without legal advice:
- Injured minors. For a child hurt in a crash, the two-year clock is generally paused until the child turns 18, giving them until their 20th birthday to sue (Code of Civil Procedure § 352). Claims against a government entity are treated differently and still require prompt action.
- Delayed discovery. In limited circumstances, if an injury could not reasonably have been discovered right away, the clock may start when it was — or should have been — discovered. This is narrow and fact-specific.
- Defendant leaves the state. Time the at-fault party spends outside California may not count toward the deadline in some cases.
- Uninsured/underinsured motorist claims. These are claims under your own insurance policy and are governed by contractual deadlines and notice requirements — often shorter than the statute of limitations. Review your policy and act quickly. See uninsured motorist claims.
Why waiting is risky even before the deadline
The statute of limitations is the outer limit, not a safe target. The most valuable evidence in a collision case fades long before two years pass:
- Skid marks, vehicle positions, and roadway conditions disappear within days.
- Surveillance and traffic-camera footage is often overwritten in weeks.
- Witnesses move and memories fade.
- In commercial-vehicle cases, the trucking company may lawfully destroy logs and records on a routine schedule unless a preservation letter is sent.
Consulting an attorney early lets that evidence be preserved and protects every deadline that might apply to your case.
Frequently Asked Questions
How long do I have to file a car accident lawsuit in California?
Generally two years from the date of the collision for a personal injury lawsuit (Code of Civil Procedure § 335.1), and three years for vehicle or property damage (§ 338). If a government entity is involved, you must first file a written claim within six months. Because exceptions can shorten or extend these deadlines, consult an attorney promptly.
What is the deadline if a city or government vehicle was involved?
Claims against a public entity are governed by the Government Claims Act. You generally must present a written claim within six months of the collision (Government Code § 911.2) before you can sue — far shorter than the ordinary two-year deadline.
What happens if I miss the statute of limitations?
If you file after the deadline, the court will almost always dismiss your case and you lose the right to recover, no matter how strong it was. A few narrow exceptions exist, but you should never rely on them without legal advice.
Is the deadline different for a minor injured in a crash?
Often, yes. For a child injured in a collision, the two-year personal injury clock is generally paused until the child turns 18, giving them until age 20 to sue (Code of Civil Procedure § 352). But claims against a government entity still require timely action, so special rules apply. An attorney should evaluate a minor's deadline promptly.
This article is general legal information about California law, not legal advice for any specific case. Deadlines have exceptions and change over time; the only way to know the deadline for your situation is to consult an attorney. If your deadline may be approaching, do not wait.
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