Quick Answers: California Car Accident Filing Deadlines
Before we go deeper, here are the numbers that matter most:
- Personal injury claim: 2 years from the accident date — Cal. Code Civ. Proc. §335.1
- Property damage only: 3 years from the accident date — Cal. Code Civ. Proc. §338
- Government vehicle involved: 6-month government tort claim deadline — Cal. Gov. Code §911.2
- Wrongful death: 2 years from the date of death — Cal. Code Civ. Proc. §335.1
- Injured minor: clock typically pauses until the child turns 18
- Miss the deadline: court will almost certainly dismiss your case — permanently
These are the default rules. Exceptions exist. Scroll down or call (818) 794-9947 for a free review of your specific situation.
If you were hurt in a car accident in California, you have rights — and those rights come with hard deadlines. Miss one and it doesn't matter how severe your injuries were, how clearly the other driver was at fault, or how much your medical bills have piled up. California courts will dismiss a case filed after the statute of limitations has expired, and no amount of sympathy changes that outcome.
This article covers every major deadline you need to know, the exceptions that can extend them, and the strategies insurance companies use against people who wait too long to act.
The 2-Year Deadline for Personal Injury Claims
In California, you generally have two years from the date of a car accident to file a personal injury lawsuit under Cal. Code Civ. Proc. §335.1.
"Two years" sounds like a long time. It isn't — especially when you factor in time spent treating injuries, negotiating with adjusters, gathering medical records, and finding an attorney willing to take a complex case to trial. Many accident victims reach the one-year mark still in active treatment, still waiting on final diagnoses, still trying to understand what their case is actually worth.
The clock starts on the date of the accident, not on the date you discovered your injury was serious, not on the date the insurance company made its final offer, and not on the date you stopped treating. The default rule is the accident date itself.
What "filing a lawsuit" means: The two-year deadline requires that you file a formal complaint in California Superior Court — not just report the accident to your insurer, send a demand letter, or open a claim. Filing a claim with an insurance company does NOT stop the statute of limitations clock.
The 3-Year Deadline for Property Damage
If the car accident only damaged your vehicle or other property, you have three years to file a lawsuit under Cal. Code Civ. Proc. §338.
If your car was totaled or damaged but you weren't physically injured, the longer three-year window applies. In practice, most people resolve vehicle damage claims quickly through insurance, so this deadline rarely becomes an issue. It matters most when:
- Your insurer denies your property damage claim and you need to sue
- You discover hidden structural damage months after a settlement
- The at-fault driver was uninsured and you need to pursue them directly
If your accident involved both personal injuries and property damage, the shorter two-year personal injury deadline controls the overall litigation timeline. Don't let the longer property damage window create a false sense of security.
The 6-Month Government Claim Deadline — The One Most People Miss
When a government vehicle or public employee caused the crash, you must file a government tort claim within six months of the accident under California Government Code §911.2 — before you can file any lawsuit.
This is the deadline that catches accident victims completely off guard — and it's the most unforgiving one in California car accident law.
If your crash involved any of the following, the government claim rules apply:
- A city bus, county vehicle, or state-owned car
- A public employee driving a government vehicle on duty
- A dangerous road condition maintained by a city, county, or state agency (pothole, missing guardrail, broken traffic signal)
- A public school district vehicle
The process works like this:
- You must file a formal Government Tort Claim with the specific public agency within 6 months of the accident date (Cal. Gov. Code §911.2).
- The agency has 45 days to accept or reject your claim.
- If rejected (or if the agency doesn't respond), you then have 6 months from that rejection to file a lawsuit in Superior Court.
- If you skip Step 1 entirely and try to sue a government entity directly, the court will dismiss your case.
Six months moves fast — especially when you're still in the emergency room, physical therapy, or waiting on an MRI. By the time many accident victims learn this rule exists, they've already missed it.
Which agency do you file with? It depends on which government entity was responsible. A City of Los Angeles bus accident goes to the city. A Caltrans road defect claim goes to the state. Getting this wrong wastes time you don't have. If a government vehicle or road defect contributed to your accident, call (818) 794-9947 — this is a situation where early attorney involvement is not optional.
Tolling: When the Clock Pauses
"Tolling" means the statute of limitations clock is temporarily paused. California recognizes several tolling rules in car accident cases.
Injured Minors
Under Cal. Code Civ. Proc. §352, a minor who is injured in a car accident has until two years after their 18th birthday to file a personal injury lawsuit — regardless of how old they were at the time of the crash.
One important exception: if a parent or guardian files a lawsuit on the child's behalf before the child turns 18, the normal deadline applies. The tolling rule protects the child's right to file when they reach legal adulthood, not the parent's right to file on their behalf.
Mental Incapacity
If an injured person is mentally incapacitated at the time of the accident, Cal. Code Civ. Proc. §352 also pauses the statute of limitations for the duration of the incapacity. Serious traumatic brain injuries can raise complex questions here. Document everything.
The Discovery Rule
California's discovery rule can pause the statute of limitations when an injured person could not reasonably have known their injuries were caused by the accident.
The classic car accident — immediate pain, obvious collision — doesn't usually trigger the discovery rule. But some injuries don't show up right away. Internal injuries, herniated discs, and traumatic brain injuries sometimes take weeks or months to manifest fully. In those cases, California courts may apply the discovery rule and start the two-year clock from the date the person knew or should have known their injury was related to the crash — not the accident date itself.
The discovery rule is narrow. Courts apply it cautiously. You cannot rely on it to routinely extend your deadline. If you're approaching the two-year mark and haven't filed, get an attorney on the phone today — not next week.
Out-of-State Defendant
If the at-fault driver left California after the accident and before you filed suit, Cal. Code Civ. Proc. §351 may toll the statute of limitations for the time they were absent from the state. This rule has limited practical application today, since most car accident suits are filed against insurance companies rather than individuals directly.
Wrongful Death: The 2-Year Clock from Date of Death
For wrongful death caused by a car accident, surviving family members generally have two years from the date of death to file a lawsuit under Cal. Code Civ. Proc. §335.1.
When a car accident causes a fatality, a wrongful death claim belongs to the surviving family — typically the spouse, children, or other dependents, as defined in Cal. Code Civ. Proc. §377.60.
The two-year clock runs from the date of death — not the date of the accident. If a victim survived the crash but died from injuries three months later, the wrongful death deadline is two years from that death date.
A separate claim — the "survival action" — covers the victim's own pain, suffering, and economic losses from the time of the crash to their death. That claim is filed by the estate and is also subject to the two-year personal injury deadline, typically running from the accident date.
Wrongful death cases are among the most legally complex car accident matters in California. If you've lost a family member in a crash, the last thing you should be doing is navigating these rules alone. Call (818) 794-9947 — we'll walk through the deadlines and the path forward at no charge.
Why Waiting Hurts Your Case Even Before the Deadline
The statute of limitations is the hard outer boundary. But your case starts weakening long before you hit it.
Insurance companies know every deadline in your case — and they routinely use delays against unrepresented accident victims to reduce or deny claims.
Here's what happens to evidence over time:
- Surveillance footage is typically overwritten within 30-90 days. If a business camera captured the crash, that footage is likely gone within a few months.
- Witness memory fades. Eyewitnesses who gave clear statements at the scene become less reliable 18 months later — and defense attorneys know this.
- Medical records become harder to connect. The further you are from the accident date when you first seek treatment, the easier it is for an insurer to argue your injuries pre-existed the crash or were caused by something else.
- Black box (EDR) data gets overwritten. Most modern vehicles have an Event Data Recorder that captures speed, braking, and impact data. That data may be overwritten after subsequent trips or vehicle repairs.
- The insurance company adjusts its posture. Early in a claim, insurers are in information-gathering mode. Late in a claim — especially as a deadline approaches — they shift to pressure tactics. Lowball offers, unanswered calls, stonewalling on medical records. This is intentional.
The combination of fading evidence and insurance company strategy makes waiting a one-sided game — and the side losing is usually the unrepresented accident victim. We've recovered compensation for injured drivers and passengers across Southern California. We've also seen cases where strong liability became genuinely difficult to prove because critical evidence was gone by the time the client called us.
Don't let that be your situation.
How Insurance Companies Use Deadlines Against You
Insurance adjusters are trained professionals whose job is to close claims at the lowest possible cost. The statute of limitations is one of their most reliable tools.
Here are the specific tactics we see most often:
Delay and extend. An adjuster keeps you in ongoing negotiations past the one-year mark, creates an impression of good faith, and then watches the deadline pass. Once the deadline expires, they have no reason to settle for anything.
Lowball just before the deadline. As the two-year mark approaches, an adjuster makes a take-it-or-leave-it offer that's well below the actual value of your claim. The implicit message: accept now or get nothing. Unrepresented victims often accept.
Dispute liability late. If an insurer can delay a coverage decision until your deadline is imminent, they've effectively neutralized your leverage. You no longer have time to investigate, gather evidence, or retain experts.
Claim late notice. Insurers often have their own internal notification requirements separate from the statute of limitations. If you didn't report the accident promptly to your own insurer (for uninsured motorist or MedPay claims), they may assert a late-notice defense.
None of these tactics work as well against a represented claimant. When the other side knows your attorney files lawsuits and has done so in 7,500+ cases, the calculus changes.
What to Do If You're Approaching the Deadline
If the two-year mark on your car accident is within the next 90 days — or if you're unsure exactly when your clock started — do these things now:
- Identify the exact accident date and count forward two years. That is your presumptive filing deadline.
- Determine whether a government vehicle or entity was involved. If yes, the 6-month government claim deadline likely already passed, or is imminent. Call an attorney immediately.
- Contact a California personal injury attorney. Filing a lawsuit before the deadline preserves your rights. An attorney can file the complaint, then continue negotiating — you don't give up the settlement path by filing suit.
- Do not call the insurance company to discuss deadlines. Adjusters are not required to give you accurate legal advice about your own rights. Some will volunteer information that is incomplete or misleading.
- Gather what you have. Police report, medical records, photos, names of witnesses. An attorney can work with whatever you've preserved.
Call (818) 794-9947) for a free consultation. We represent car accident victims across Southern California — Los Angeles, San Bernardino, Riverside, Kern, and surrounding counties. No fee unless we win.
Frequently Asked Questions
What is the statute of limitations for a car accident in California?
For personal injury claims, California law gives you two years from the date of the accident under Cal. Code Civ. Proc. §335.1. For property damage only, the deadline is three years under Cal. Code Civ. Proc. §338. If a government vehicle or public entity was involved, a separate six-month government tort claim deadline applies under Cal. Gov. Code §911.2.
What happens if I miss the deadline to file a car accident claim?
Missing the statute of limitations in California almost always means losing your right to recover any compensation, no matter how serious your injuries. California courts will grant a motion to dismiss a case filed after the deadline expires. There are narrow exceptions — tolling rules for minors, incapacity, and the discovery rule — but courts apply them strictly. If you believe you may have missed your deadline, speak with an attorney before assuming your case is over.
Is the deadline different if a government vehicle was involved?
Yes — and it is much shorter. If a city bus, county vehicle, state vehicle, or public employee's car caused your accident, you must file a government tort claim with the appropriate public agency within six months of the accident date under Cal. Gov. Code §911.2. This is a separate step that must happen before any lawsuit can be filed. Miss the six-month window and your claim against the government entity is generally barred.
Does the deadline change for property damage vs. injury?
Yes. Personal injury claims have a two-year deadline under Cal. Code Civ. Proc. §335.1. Claims for property damage — your vehicle, personal belongings, other property — have a three-year deadline under Cal. Code Civ. Proc. §338. If your accident produced both injury and property damage, the two-year personal injury deadline governs your overall litigation timeline. Don't let the longer property damage window mislead you.
Does the clock pause if I was injured as a child?
Yes. Under Cal. Code Civ. Proc. §352, if a minor was injured in a car accident, the statute of limitations does not start running until the child turns 18. That means the injured minor has until age 20 — two years after turning 18 — to file their own personal injury lawsuit. A parent or guardian can file on the child's behalf before then, in which case the standard deadline applies.
Does filing a claim with the insurance company stop the deadline?
No. Reporting an accident to an insurance company, opening a claim, or receiving settlement negotiations does not pause or stop the California statute of limitations. The only action that stops the clock is filing a lawsuit in California Superior Court before the deadline expires.
What if I didn't realize how serious my injuries were until months later?
California's discovery rule may apply if you could not reasonably have known your injuries were related to the accident. In that case, the two-year clock may run from the date you discovered (or should have discovered) the connection between the accident and your injuries, rather than from the accident date itself. Courts apply this exception narrowly. If you're relying on the discovery rule to save an otherwise time-barred claim, you need an attorney — this argument must be pleaded and defended carefully.
Can the deadline be extended if I was incapacitated after the accident?
Yes. Cal. Code Civ. Proc. §352 tolls the statute of limitations during a period of legal disability, which includes mental incapacity. If a traumatic brain injury or other condition prevented you from managing your own legal affairs after the crash, that period may not count against the two-year window. Documenting the incapacity with medical records is essential to making this argument.
What if the at-fault driver was uninsured?
The same two-year statute of limitations under Cal. Code Civ. Proc. §335.1 applies whether the at-fault driver had insurance or not. For uninsured motorist (UM) benefits through your own insurance policy, there may be separate contractual notice requirements — typically much shorter. Check your policy language or call an attorney to make sure you've met both sets of deadlines.
Reviewed by Minas Nordanyan, CA Bar #296806. Last updated June 2026. This article is general legal information about California law, not legal advice for your specific situation. For advice about your case, call (818) 794-9947.
If your car accident happened in the last two years — or if you're not sure how much time you have left — call (818) 794-9947 today. The consultation is free. We represent car accident victims across Southern California on a contingency basis: no fee unless we win.