Statute of Limitations for Car Accident in California

In California, the statute of limitations for car accident claims is two years for personal injury and three years for property damage. Missing this deadline means you lose your legal right to seek compensation, no matter how strong your case may be.

However, certain exceptions, like delayed discovery of injuries, cases involving minors, or government-related accidents, can extend or toll the deadline. If you’re involved in a car accident case, it’s important to work with an experienced car accident attorney to understand the deadlines and how they apply to your specific case.

If you’ve been injured or lost a loved one in a car accident, Saeedian Law Group can help you get the compensation you deserve. With over 16 years of experience, our car accident lawyers can investigate train accidents, prove negligence, negotiate settlements on your behalf, or represent you in court. Schedule a free consultation with us today.

This blog explains California’s statute of limitations for car accident claims, the possible exceptions, and the best steps to take to file your claim on time.

How Long Do You Have to File a Car Accident Claim in California?

The statute of limitations for car accident claims is the legal deadline for filing a lawsuit after a car accident. Once this time limit expires, you usually lose your right to take the case to court no matter how strong your evidence is. The aim is to encourage people to file claims in a timely manner because evidence and witness memories can fade over time.

By setting a time limit for when lawsuits can be filed after an incident occurs, the statute of limitations helps prevent cases based on stale evidence, fading memories, or unavailable witnesses. Without these deadlines, defendants could face car accident lawsuits many years later when proving their innocence would be nearly impossible.

The statute of limitations for car accident in California depends on the type of damage you’re filing for.

• For personal injury, you have 2 years from the date of the accident to file a lawsuit for injuries, pain and suffering, or emotional distress. This is stipulated by the California Code of Civil Procedure § 335.1.
• For property damage, you have 3 years from the date of the accident to file for vehicle repairs or replacement costs, according to the Judicial Branch of California.
• For wrongful death, you have 2 years from the date of death, which may be different from the accident date.

If the at-fault driver was a government employee or the vehicle belonged to a government agency, like a city bus or police car, the California Tort Claims Act (CTCA) applies. Under the CTCA, you must first file a government claim within 6 months of the accident. If that claim is denied, you then have one year to file a personal injury lawsuit. However, take note of the exceptions outlined by Section 905 of the California Government Code.

Meanwhile, the statute of limitations “clock” generally starts on the day the accident occurred. However, California law recognizes a few situations where the clock may start later, referred to as the “discovery rule.” Under this rule, the deadline begins when the victim knew or should have known that they were injured and that someone else’s negligence caused it.

Can the Statute of Limitations Be Extended for Car Accident Cases?

Yes, the statute of limitations for car accident cases in California can sometimes be extended or temporarily paused under specific circumstances. This pause, a legal concept referred to as “tolling”, gives the injured person extra time to file their lawsuit once the issue causing the delay is resolved. Such exceptions include the following:

1. The Discovery Rule: Here, the car accident statute of limitations can start later if the victim did not know – and could not reasonably have known – about the injury immediately. For example, say someone develops a medical complication weeks or months after the crash and didn’t realize it was caused by the accident. The two-year statute may begin when they discovered (or should have discovered) the injury, not on the accident date. The discovery rule also applies in hit-and-run cases when the defendant’s identity is unknown.
2. When the Victim Is a Minor or Incapacitated: If the car crash victim is under 18, the statute of limitations will not start counting right away. Rather, the clock starts on their 18th birthday, meaning they have until they turn 20 to file their claim. In addition, if the accident leaves the victim mentally impaired or physically unable to take legal action, the court may toll the statute of limitations until the person regains capacity. Once the victim is declared mentally or physically capable, the countdown resumes. An example is an injured person in a coma or under intensive medical care.
3. When the Defendant Leaves the State: If the at-fault driver leaves California after the accident and before the personal injury lawsuit can be filed, the statute of limitations may be paused during their absence. This is to make sure that defendants cannot avoid responsibility by simply moving out of state to run down the clock.

Remember that missing the adjusted deadline can still lead to your case being dismissed, no matter how valid your claim is. That’s why it’s always best to speak with a car accident attorney as soon as possible after a crash. A car accident lawyer can help determine whether tolling applies to your case, calculate your exact deadline, and make sure your claim is filed on time.

What Happens If You Miss the Statute of Limitations?

If you miss the statute of limitations for filing a personal injury lawsuit, you’ll lose your legal right to pursue compensation, regardless of how strong your legal claim may be. Courts strictly enforce these deadlines, and when the statute of limitations expires, the defendant can file a motion to dismiss the case. Once the case is dismissed, you lose your right to seek compensation for medical bills, lost wages, or property damage through the court system. 

While the statute of limitations applies to lawsuits, it also indirectly affects insurance settlements. Insurance adjusters know that once the deadline has passed, you can’t threaten legal action. So, the insurance company may refuse to negotiate once the deadline passes, since you no longer have the option to sue. And without the threat of a lawsuit, you lose leverage, and the insurer can deny or underpay your legal claim with little consequence.

In addition, although the deadline can be extended, the extensions apply only in specific and well-documented circumstances. If you simply didn’t know about the time limit or delayed filing for personal reasons, the court will not excuse the delay.

Hence, it’s important to work with an experienced car accident lawyer who understands the time limits and can guide you through the process. Thankfully, most personal injury attorneys in California charge on a contingency fee basis, meaning you pay only if you win the case or secure a settlement. Instead of charging by the hour, the attorney takes a certain percentage of the money you recover. So, you don’t have to bother about upfront legal costs.

When Should You File a Car Accident Claim in California?

The best time to file a car accident claim in California is as soon as possible after the accident. Although the law gives you a few years to take legal action, waiting too long can negatively affect your case, both legally and financially. But early action ensures that evidence is preserved, witnesses are still available, and your rights are fully protected.

After any car accident, your first step should be to notify your insurance company, ideally within a few days of the crash. Most insurers require prompt reporting, and some policies specify deadlines (for example, within 30 days). The sooner you report the accident, the easier it will be to verify damage, gather police reports, and start the claims process.

If you’re pursuing a claim with the other driver’s insurance company, it’s also best to contact them quickly. Delays can make it harder to prove fault or connect your injuries to the accident.

How to Ensure Your California Car Accident Claim is Timely

In most personal injury cases, filing your claim on time is important to protect your legal rights and maximize your chance of compensation. Below are key steps to ensure your claim is filed within the proper timeframe.

• Report the Accident Immediately – Always report your accident right away, both to law enforcement and your insurance provider. In fact, the California Vehicle Code 20008 requires drivers to report accidents involving injury, death, or significant property damage to the California Highway Patrol or the police department of the city in which the accident happened. The law requires you to send the written report within 24 hours of the accident.
• Seek Medical Attention Right Away – Even if your injuries seem minor, get a medical evaluation as soon as possible. Delayed treatment not only hurts your health but also weakens your case. But medical records provide vital proof that your injuries were caused by the accident and can be used to support your personal injury claim within the statute of limitations.
• Contact a Personal Injury Attorney Early – Consulting a car accident attorney early gives you the best chance of meeting every deadline. An experienced lawyer will track your filing dates, gather evidence, and handle communications with insurance companies. They can also identify if any exceptions or tolling rules apply to extend your filing period.
• File Insurance and Government Claims Promptly – Remember that if the at-fault driver was a government employee or public agency, you must first file a government claim within six months before suing. Missing this step can automatically disqualify your lawsuit. For standard car accidents, submit your insurance claim as soon as possible, ideally within days of the crash.
• Keep Detailed Records – Having everything organized helps speed up the claims process, preventing last-minute filing delays. So, maintain a file with all accident-related documents, including police reports, repair estimates, medical bills, and communication logs with insurers.

Need Help Filing Your Car Accident Claim in California?

Filing a car accident claim in California requires careful attention to the statute of limitations. As we’ve explained, missing these deadlines can permanently prevent you from recovering compensation. To protect your rights, make sure you report the accident immediately and seek medical attention right away. Moreover, contact a personal injury lawyer early, file all insurance or government claims promptly, and keep organized records of every detail related to your case.

If you or a loved one was involved in a car accident, Saeedian Law Group is here to help. As experienced personal injury lawyers in California, we can guide you on how to file for your claim within the speculated timeframe, and fight for the full compensation you deserve. Contact us today for a free consultation and let us stand by your side every step of the way.

FAQs

With over 16 years of experience, our seasoned personal injury lawyers at Saeedian Law Group have provided comprehensive answers to some of the most pressing questions you may have about car accident claims.

What Steps Should I Take Immediately After a Car Accident to Protect My Right to File a Claim Within the Statute of Limitations?

Right after an accident, report it to the police and your insurance company, and seek medical attention immediately. Collect all necessary evidence, including photos, witness contacts, and medical records. to support your claim. In addition, contact a personal injury attorney early so they can file your claim and monitor deadlines to ensure you don’t miss the statute of limitations.

Does the Statute of Limitations Apply to Property Damage Claims?

Yes. In California, property damage claims, such as for vehicle repairs or replacement, must be filed within three years of the accident date. Missing this deadline can prevent you from recovering compensation for any property-related losses.

Can Someone Sue You for a Car Accident After 2 Years?

Generally, no. California’s statute of limitations for personal injury claims is two years from the date of the accident. Hence, if someone sues you after two years, their claims will usually be dismissed. However, exceptions may apply for minors or persons lacking mental capacity, out-of-state defendants, or if the injury wasn’t discovered right away.

What Is the Maximum You Can Sue for a Car Accident in California?

There’s no fixed maximum on how much you can sue for a car accident in California. The amount depends on the extent of your damages, including medical bills, lost income, property damage, and pain and suffering.