How Long After a Car Accident Can You File a Claim in California?

Filing Deadlines by Claim Type

Personal Injury Claims: The Two-Year Deadline

Under California Code of Civil Procedure Section 335.1, you have two years from the date of the car accident to file a personal injury lawsuit. This deadline applies whether you were the driver, a passenger, a pedestrian, a cyclist, or a motorcyclist. It covers claims for medical expenses, lost wages, pain and suffering, and any other damages arising from your physical injuries.

The two-year clock generally starts on the date of the accident. However, if your injuries were not immediately apparent, the discovery rule may apply. Under this rule, the statute of limitations begins on the date you discovered or reasonably should have discovered the injury. Soft tissue injuries and some traumatic brain injuries, for example, can have delayed symptoms that may not become apparent until days or weeks after the crash.

It is important to understand that the two-year deadline applies to filing a lawsuit in court. Filing an insurance claim is a separate process with its own timing considerations. While there is no statute of limitations for filing an insurance claim with the at-fault driver’s insurer, delaying too long can weaken your case as evidence deteriorates and witnesses become harder to locate.

Property Damage Claims: Three Years

If your vehicle or personal property was damaged in the accident but you were not physically injured, you have three years from the date of the accident to file a property damage lawsuit under Code of Civil Procedure Section 338. This includes damage to your vehicle, personal belongings inside the car, and any other property affected by the collision.

If you suffered both personal injuries and property damage, the two different deadlines apply independently. You could technically miss the two-year personal injury deadline while still having time to file a property damage claim. However, it is always best to pursue all claims together.

Wrongful Death Claims: Two Years from Date of Death

If a car accident results in a fatality, the surviving family members have two years to file a wrongful death lawsuit. The critical distinction is that the two-year clock starts on the date of death, which may be different from the date of the accident. If a person is injured in a crash on January 1 and dies from those injuries on March 1, the wrongful death statute of limitations runs from March 1.

Eligible claimants in a California wrongful death case include the surviving spouse or domestic partner, children, and in some cases grandchildren, parents, or other dependents.

Claims Against Government Entities: Six Months

If your accident involved a government vehicle or employee acting within the scope of their duties, or if a dangerous road condition maintained by a government agency caused the crash, a dramatically shorter deadline applies. Before you can file a lawsuit, you must first submit a formal government tort claim with the responsible agency within six months of the accident for personal injury or wrongful death claims.

This requirement applies to accidents involving city buses, municipal vehicles, police cars, fire trucks, sanitation trucks, and any vehicle operated by a state, county, or city employee. It also applies when a government entity is responsible for a hazardous road condition such as a missing traffic sign, a pothole, or an unrepaired guardrail.

The government tort claim must be filed on the agency’s specific claim form and include details about the incident, injuries, and the amount of damages sought. If the agency denies the claim, you generally have six months from the denial to file a lawsuit. If the agency fails to respond within 45 days, you have two years from the date of the accident to file suit. Because of the complexity and the short timeline, consulting with an attorney immediately is essential for government claims.

When the Deadline May Be Extended

California law recognizes several situations where the statute of limitations may be paused or extended:

Minors. If the injured person was under 18 at the time of the accident, the statute of limitations does not begin until they turn 18. This gives them until age 20 to file a personal injury lawsuit. However, for government tort claims, the six-month deadline applies even to minors.

Mental incapacity. If the injured person lacks the mental capacity to pursue a claim, the statute of limitations is tolled until they regain capacity.

Defendant leaves the state. If the at-fault driver leaves California after the accident, the time they spend out of state may not count against the statute of limitations.

Discovery rule. When injuries are not immediately apparent, the clock may start on the date the injury was discovered or should reasonably have been discovered.

Insurance Claims vs. Lawsuits: Different Processes

Filing an insurance claim and filing a lawsuit are separate actions with different timelines. Most car accident claims in California begin with an insurance claim against the at-fault driver’s liability policy. California requires all drivers to carry minimum liability coverage, which increased on January 1, 2025, to $30,000 per person and $60,000 per accident for bodily injury, and $15,000 for property damage.

While there is no strict statute of limitations for an insurance claim, most policies require prompt notification of the accident. More importantly, if the insurance company refuses to offer a fair settlement, your only leverage is the ability to file a lawsuit. If the lawsuit deadline has passed, the insurance company knows you have no recourse, and any negotiating power disappears.

For this reason, the best practice is to notify the insurance company promptly, begin the claims process early, and consult with an attorney well before any filing deadline approaches. An attorney can negotiate with the insurance company while preserving your ability to file suit if a fair settlement cannot be reached.

Frequently Asked Questions

Should I wait until my medical treatment is complete before filing?

It is generally better to wait until you have a clear picture of your injuries and treatment needs before settling your claim, because you cannot go back and ask for more money after accepting a settlement. However, do not wait until the statute of limitations is about to expire. Consult with an attorney early so they can file suit if necessary to preserve your rights while you continue treatment.

What if I did not realize I was injured until weeks after the accident?

The discovery rule may extend your deadline. Under this rule, the two-year statute of limitations begins on the date you discovered or should have discovered the injury, not the date of the accident. Delayed symptoms are common with soft tissue injuries, concussions, and some spinal conditions.

Does filing an insurance claim extend the statute of limitations?

No. The statute of limitations runs regardless of whether you have filed an insurance claim or are in the middle of settlement negotiations. The insurance process does not pause or extend the legal deadline to file a lawsuit.

What if the at-fault driver was uninsured?

You can still file a lawsuit against the uninsured driver within the standard deadlines. You may also be able to recover compensation through your own uninsured motorist (UM) coverage if you carry it. California’s uninsured motorist rate is among the highest in the nation, making UM coverage particularly important.

Do Not Wait to Protect Your Rights

The most common regret car accident victims have is waiting too long. Evidence disappears, witnesses forget, and deadlines pass. If you have been injured in a car accident in California, consulting with a personal injury attorney as soon as possible ensures that your claims are preserved, your evidence is protected, and you have the strongest possible position to recover the compensation you deserve.