California Car Accident Statute of Limitations

California’s Two-Year Deadline for Filing a Car Accident Lawsuit

California law generally gives an injured person two years from the date of a car accident to file a personal injury lawsuit. However, not every claim follows the same deadline. Property-damage cases generally have a three-year limit, claims involving government entities can require action within six months, and uninsured motorist claims may involve separate insurance requirements.

Missing the applicable deadline can prevent an injured person from recovering compensation—even when another driver was clearly responsible.

Call 949-416-9080 for a free consultation

The Law Office of Jasminder Gill represents car accident victims in Costa Mesa, throughout Orange County and across California. Attorney Jasminder Gill has more than 15 years of personal injury experience dealing with negligent drivers and insurance companies.

What Is the California Car Accident Statute of Limitations?

A statute of limitations is the legal deadline for filing a lawsuit. For most California car accident injury cases, that deadline is two years from the date of the injury.

California Code of Civil Procedure section 335.1 establishes a two-year period for an action involving injury to or the death of a person caused by another party’s wrongful act or neglect.

The two-year deadline may apply to claims seeking compensation for:

• Emergency medical treatment
• Hospital and physician bills
• Physical therapy and rehabilitation
• Future medical care
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Emotional distress
• Permanent disability
• Disfigurement
• Loss of enjoyment of life

If a lawsuit is filed after the applicable deadline, the defendant may raise the statute of limitations as a defense and ask the court to dismiss the case. This can happen regardless of how serious the injuries are or how convincing the evidence appears.

California Car Accident Deadlines at a Glance

California car accident claims can involve several different deadlines. The correct deadline depends on the type of claim, the responsible parties and the facts of the accident.

Personal Injury Lawsuit: Generally Two Years

A person injured in a California car accident generally has two years from the date of the injury to file a personal injury lawsuit.

Vehicle and Property Damage: Generally Three Years

A lawsuit seeking compensation for damage to a vehicle or other personal property generally must be filed within three years of the damage.

Wrongful Death Lawsuit: Generally Two Years

Eligible surviving family members generally have two years from the date of death to file a California wrongful death lawsuit. The date of death may be different from the accident date.

Government Claim: Generally Six Months

When a city, county, state agency or other California public entity may be responsible, an administrative claim generally must be presented to the correct agency within six months.

Lawsuit After a Government Claim Is Rejected: Generally Six Months

If a government agency sends a legally sufficient written rejection, the claimant generally has six months from the mailing or delivery of that notice to file a lawsuit.

Uninsured or Underinsured Motorist Claim: Separate Requirements Apply

Uninsured and underinsured motorist claims can have separate notice, arbitration and policy requirements. Do not assume the ordinary two-year lawsuit deadline is the only deadline that applies.

Claim Involving a Minor: Possible Tolling With Important Exceptions

California law may pause certain personal injury deadlines while an injured person is younger than 18. However, important exceptions may apply, especially in government and insurance claims.

These are general guidelines—not final deadline calculations. Every responsible party, insurance policy and possible exception should be reviewed before determining the filing deadline for a particular case.

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

Most car accident personal injury lawsuits must be filed within two years after the accident-related injury occurred.

For example, if a person was injured in a collision on August 13, 2026, the ordinary two-year deadline would generally fall in August 2028. The exact deadline should still be independently calculated because weekends, court holidays, the identities of the defendants and special legal rules may affect the analysis.

The deadline may be different when:

• A city, county, state agency or other public entity may be responsible
• The injured person was younger than 18
• An injury could not reasonably have been discovered immediately
• The responsible driver left California
• The responsible person died
• The accident caused a later death
• One or more responsible parties were initially unknown
• Uninsured or underinsured motorist coverage is involved
• A commercial, rideshare or delivery vehicle was involved
• A contractual insurance deadline applies

Because multiple deadlines can arise from one collision, accident victims should obtain legal advice well before the second anniversary of the accident.

When Does the Two-Year Period Begin?

In a typical car accident case, the limitations period begins when the injury occurs—usually on the date of the collision.

This means the clock normally begins running even if:

• Medical treatment is continuing
• The full extent of the injury is not yet known
• The vehicle has not been repaired
• The insurance company is still investigating
• Settlement negotiations remain open
• The adjuster has not made a final offer
• The injured person has not reached maximum medical improvement

Waiting for medical treatment or an insurance investigation to finish generally does not stop the statute of limitations.

Does Filing an Insurance Claim Protect the Deadline?

No. Opening an insurance claim is not the same as filing a lawsuit.

An insurance claim is a request for payment from an insurance company. A lawsuit is a formal case commenced in court. Obtaining a claim number, sending medical records or negotiating with an adjuster generally does not preserve the right to sue after the limitations period expires.

An insurance company may continue to:

• Request medical records
• Review repair estimates
• Investigate fault
• Ask for a recorded statement
• Evaluate medical treatment
• Make settlement offers
• Request additional documentation
• Say that the claim remains under review

None of those activities should be assumed to extend the filing deadline.

Does Sending a Settlement Demand Stop the Statute of Limitations?

Generally, no. Sending a demand letter does not automatically pause or extend the statute of limitations.

A demand package may help begin settlement negotiations, but negotiations do not replace filing a lawsuit when filing becomes necessary. The same is generally true when an adjuster has promised to review the claim or respond by a particular date.

An extension should never be assumed. Any agreement affecting a filing deadline should be reviewed carefully and documented in writing.

Can an Insurance Adjuster Waive the Deadline?

An adjuster generally does not protect an accident victim’s filing deadline simply by communicating, negotiating or making an offer.

Statements such as the following should not be treated as extensions:

• “We are still reviewing the claim.”
• “Send us the final medical records.”
• “We will respond after another evaluation.”
• “There is no need to hire a lawyer.”
• “We need additional time to complete our investigation.”

The statute may continue running while these conversations take place. An accident victim should independently determine the applicable deadline instead of relying on the insurance company.

What Is the Difference Between an Insurance Claim and a Lawsuit?

An insurance claim seeks payment under an insurance policy. A lawsuit asks a court to determine liability and damages.

Potential insurance sources may include:

• The at-fault driver’s liability coverage
• The vehicle owner’s policy
• An employer’s commercial policy
• Rideshare coverage
• Delivery-company coverage
• Medical payments coverage
• Collision coverage
• Uninsured motorist coverage
• Underinsured motorist coverage
• An umbrella insurance policy

If a fair settlement cannot be reached, a lawsuit may be necessary to protect the injured person’s rights and pursue full compensation.

What Compensation May Be Available?

The value of a California car accident case depends on the injuries, financial losses, available insurance, liability evidence and other individual circumstances.

Recoverable damages may include:

Medical expenses

Compensation may include ambulance charges, emergency treatment, hospitalization, diagnostic testing, surgery, medication, physical therapy and other reasonable accident-related care.

Future medical care

A serious injury may require future surgery, rehabilitation, pain management, assistive devices or long-term treatment.

Lost income

An injured person may seek compensation for wages lost while recovering or attending medical appointments.

Reduced earning capacity

A lasting injury that affects the ability to work may support a claim for diminished future earning capacity.

Pain and suffering

California law may permit compensation for physical pain, inconvenience, emotional distress and loss of enjoyment of life.

Property damage

A separate portion of the claim may address vehicle repairs, total-loss value, towing, storage, rental-car expenses and damaged personal property.

The applicable deadline should be protected even when the full value of these losses is still being evaluated.

How Long Do You Have to Sue for Vehicle or Property Damage?

California generally allows three years to file a lawsuit for damage to personal property, including damage to a vehicle. This period is addressed by California Code of Civil Procedure section 338.

A single accident may therefore create two different deadlines:

• Personal injury claims: generally two years
• Vehicle and personal-property claims: generally three years

The three-year property-damage period does not extend the two-year personal injury deadline. Someone injured in the same collision should not wait three years simply because a property-damage claim remains unresolved.

Property losses may include:

• Vehicle repair costs
• The fair market value of a totaled vehicle
• Loss of use
• Reasonable rental-car expenses
• Towing and storage charges
• Damage to phones, computers or other personal belongings

What Is the Deadline for a California Wrongful Death Lawsuit?

California generally gives eligible surviving family members two years from the date of death to file a wrongful death lawsuit.

The date of death may be different from the accident date. A person may survive a collision for days, weeks or longer before passing away from accident-related injuries. Because the calculation can affect important rights, the accident date, injury date and date of death should all be reviewed.

A wrongful death claim may seek compensation for losses such as:

• Funeral and burial expenses
• Lost financial support
• Loss of companionship
• Loss of guidance
• Loss of household services
• Other damages permitted by California law

A survival action brought on behalf of the deceased person’s estate is legally different from a wrongful death claim and may involve a different deadline analysis.

What If a Government Vehicle or Public Entity Is Involved?

Claims involving a California government entity often have much shorter deadlines.

An injured person generally must present an administrative claim to the correct public entity within six months when seeking compensation for personal injury or damage to personal property. This requirement may apply before a lawsuit can be filed.

Potential government defendants may include:

• The State of California
• A county
• A city
• A public transportation agency
• A public school district
• A police or sheriff’s department
• A fire department
• Another public agency

Government liability may arise from:

• A collision involving a city or county vehicle
• A crash involving a public bus
• A collision involving a police vehicle
• A dangerous roadway condition
• A malfunctioning traffic signal
• Missing or damaged warning signs
• Negligent road design or maintenance
• Debris or hazards left on a public roadway

Submitting a police report, contacting a department or opening an insurance claim does not necessarily satisfy the government claim requirement.

According to the California Courts, an agency generally has 45 days to act on a properly presented claim. If the agency sends a legally sufficient written rejection, the claimant generally has six months from the mailing or delivery of that notice to file suit. If the agency does not provide a compliant written rejection, a different period may apply.

Government cases contain technical procedural rules. Immediate investigation is especially important.

What If You Miss the Six-Month Government Claim Deadline?

California has a procedure for requesting permission to present certain late claims, but strict time limits and legal requirements apply. Permission is not guaranteed.

If an agency denies a late-claim application, a court petition may be required. Waiting can eliminate options that might otherwise have been available.

Anyone injured in an accident that may involve a public vehicle, roadway or employee should seek legal advice immediately instead of assuming the ordinary two-year deadline controls.

What If the Injured Person Is a Minor?

California law may pause certain personal injury limitation periods while the injured person is younger than 18. This is commonly called tolling.

However, the rules for minors have important exceptions. A shorter deadline may still apply when:

• A government entity is involved
• A particular insurance policy requires notice
• Uninsured or underinsured motorist benefits are sought
• A parent has a separate claim
• Another specialized law controls

Parents should not assume that every claim remains open until a child turns 18. Evidence can also disappear long before a limitations period expires.

What If an Injury Is Discovered Later?

Some car accident injuries are not immediately obvious. Symptoms involving the neck, back, brain or nerves may develop or worsen after the collision.

Possible delayed symptoms include:

• Headaches
• Dizziness
• Memory problems
• Neck stiffness
• Back pain
• Numbness or tingling
• Sleep problems
• Light sensitivity
• Difficulty concentrating

California’s discovery rule may affect when a claim accrues in limited circumstances when an injury and its wrongful cause could not reasonably have been discovered earlier.

However, delayed symptoms do not automatically restart the deadline. Many ordinary car accident injury claims still accrue on the collision date. Prompt medical evaluation helps protect both the injured person’s health and the documentation of the claim.

What If the Responsible Driver Leaves California?

California law may toll certain limitation periods while a defendant is outside the state. Whether that rule applies can be complicated because courts may consider jurisdiction, availability for service and other facts.

Do not assume the filing deadline has stopped merely because the driver moved, cannot be located or is avoiding contact.

An attorney may use:

• DMV information
• Insurance records
• Public records
• Business records
• Employment information
• Investigation services
• Available service procedures

to identify and locate potential defendants.

What If the Responsible Driver Dies?

When a potentially responsible person dies, a separate California rule may impose a deadline as short as one year after that person’s death for certain claims.

This issue may arise when:

• The at-fault driver dies in the collision
• The driver dies after the accident from unrelated causes
• A claim must be asserted against an estate
• An insurer is defending a deceased policyholder

The ordinary two-year period should not be assumed to control. Claims involving a deceased defendant require prompt legal review.

What If You Do Not Know Every Responsible Party?

Some accidents involve responsible parties whose identities are not immediately known.

Examples include:

• A hit-and-run driver
• An unidentified vehicle owner
• The employer of a commercial driver
• A trucking contractor
• A vehicle maintenance company
• A manufacturer of a defective component
• A government entity responsible for a roadway
• A bar or another party whose conduct contributed to the incident

California procedure may allow genuinely unknown parties to be named as Doe defendants. Technical requirements govern when and how their true identities must later be substituted.

A lawsuit should identify all reasonably discoverable defendants. Naming the wrong company or overlooking a responsible party can affect both liability and available insurance.

What If More Than One Party Caused the Accident?

A car accident may involve more than the driver who made the immediate mistake.

Potentially responsible parties may include:

• The negligent driver
• The registered vehicle owner
• An employer
• A trucking company
• A rideshare company
• A delivery company
• A repair or maintenance provider
• A vehicle or component manufacturer
• A public entity responsible for a dangerous roadway

Different parties may have different deadlines, notice requirements and insurance policies. Early investigation allows time to determine who controlled the vehicle, why the driver was traveling and whether a mechanical or roadway condition contributed to the collision.

How Do Uninsured and Underinsured Motorist Deadlines Work?

Uninsured motorist and underinsured motorist claims arise from an insurance contract and may involve requirements different from a negligence lawsuit against the at-fault driver.

California Insurance Code section 11580.2 contains important requirements for uninsured motorist claims. Depending on the circumstances, an insured may need to take specified action within two years, such as:

• Filing a lawsuit against the uninsured driver
• Reaching an agreement concerning the amount owed
• Formally beginning arbitration

Insurance policies may also require prompt notice and cooperation with an investigation.

Before settling with an at-fault driver’s insurance company, an injured person should determine whether underinsured motorist benefits may be available and whether consent from their own insurer is required.

Are There Additional Deadlines for Hit-and-Run Claims?

Yes. A hit-and-run collision may involve special notice and evidence requirements.

California uninsured motorist law may require:

• Physical contact with the unidentified vehicle in certain claims
• A report to police within 24 hours
• A sworn statement to the insurer within 30 days
• Facts showing that the insured took reasonable steps to identify the responsible vehicle or driver

These requirements are separate from the general deadline for filing a personal injury lawsuit.

After a hit-and-run accident, report the collision promptly, preserve photographs and obtain contact information from witnesses.

Can the Statute of Limitations Be Paused or Extended?

In limited circumstances, a limitations period may be paused or extended. This is called tolling.

Potential tolling issues may include:

• The claimant’s age
• Legal incapacity
• Delayed discovery in an appropriate case
• The defendant’s absence from California
• Fraud or concealment
• A written tolling agreement
• The defendant’s bankruptcy
• Another statute affecting the calculation

Tolling is highly fact-specific. It does not ordinarily occur simply because:

• The injured person is still receiving treatment
• The insurance company is investigating
• The parties are negotiating
• An adjuster has made an offer
• The injured person does not know the claim’s value
• The repair process is incomplete

Never depend on a possible exception without obtaining legal advice.

Is Filing the Lawsuit Enough?

A civil action is generally commenced by filing the complaint with the court. Filing and serving a lawsuit are different steps.

After filing, the plaintiff must follow California’s procedural rules for serving the defendants and moving the case forward. Waiting until the final day can create avoidable problems involving:

• Filing in the wrong court
• Naming an incorrect defendant
• Electronic filing errors
• Rejected documents
• Court holidays
• Incomplete pleadings
• Difficulty locating and serving defendants

The safer approach is to investigate and prepare the claim well before the limitations period approaches.

What Happens If the Statute of Limitations Expires?

When the applicable statute of limitations expires, the defendant may ask the court to dismiss the lawsuit as untimely.

The injured person may lose the ability to recover compensation for:

• Past and future medical expenses
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Emotional distress
• Permanent impairment
• Vehicle damage
• Other accident-related losses

An insurance company may also stop meaningful settlement discussions once it determines that the injured person can no longer bring a lawsuit against its insured.

Even if you believe the deadline has already expired, speak with a lawyer promptly. A different accrual date, tolling rule or alternative claim may apply. Only a review of the specific facts can determine whether any option remains.

Why Should You Begin the Claim Early?

The statute of limitations is the final filing deadline, not a recommended waiting period.

Starting early gives an attorney time to investigate the accident, identify all responsible parties, locate insurance coverage and document the client’s losses.

Waiting may result in the loss of:

• Traffic-camera video
• Business surveillance footage
• Dashcam recordings
• Vehicle electronic data
• Cellphone records
• Driver logs
• Maintenance records
• Witness contact information
• Accident-scene evidence
• Accurate memories

Commercial carriers and businesses may retain records for limited periods. Timely preservation demands can help prevent important information from being routinely deleted.

Evidence to Preserve After a California Car Accident

Preserve as much relevant evidence as possible, including:

• Police or collision reports
• Accident-scene photographs
• Vehicle-damage photographs
• Dashcam video
• Surveillance footage
• Witness names and contact information
• Medical records and bills
• Prescription receipts
• Work-loss records
• Pay statements
• Repair estimates
• Total-loss valuations
• Towing and storage bills
• Rental-car receipts
• Insurance letters and emails
• Adjuster contact information
• Copies of all applicable insurance policies
• Notes describing symptoms and recovery

Do not alter photographs, discard damaged property or repair critical evidence before determining whether it should be inspected.

Steps to Take Before the Filing Deadline

1. Obtain appropriate medical care

Follow medical advice and attend recommended appointments. Gaps in treatment may allow an insurer to argue that the injury was minor or unrelated to the collision.

2. Preserve accident evidence

Save photographs, reports, messages, bills and insurance correspondence in a secure location.

3. Identify every potential defendant

Determine whether the driver owned the vehicle, was working at the time or was operating for a rideshare, delivery or trucking company.

4. Identify every insurance policy

Potential coverage may include liability, commercial, umbrella, uninsured motorist and underinsured motorist insurance.

5. Calculate every applicable deadline

Do not assume that every claim shares the same two-year period. Government, estate and insurance deadlines may be shorter.

6. Prepare before negotiations fail

A claim should be investigated with enough time to file a lawsuit if the insurer refuses to make a fair settlement offer.

FAQ’s About California Car Accident Deadlines

What is the California car accident statute of limitations?

California generally gives an injured person two years from the date of injury to file a personal injury lawsuit. Exceptions may shorten, pause or otherwise change that period.

Does California have a two-year statute of limitations for car accidents?

Yes. Most lawsuits seeking compensation for car accident injuries are subject to the two-year period in California Code of Civil Procedure section 335.1.

How long do I have to file an insurance claim after a California accident?

An insurance claim and a lawsuit have different requirements. Insurance policies generally require prompt notice, while the ordinary personal injury lawsuit deadline is generally two years. Review the policy immediately.

How long do I have to sue for damage to my car?

California generally provides three years to file a lawsuit for damage to a vehicle or other personal property.

Does the statute begin on the accident date?

Usually, the limitations period begins when the injury occurs, which is ordinarily the collision date. Exceptions may apply in particular circumstances.

Does filing a police report protect the two-year deadline?

No. A police report documents the collision but does not replace filing a civil lawsuit.

Does opening an insurance claim stop the statute of limitations?

Generally, no. Receiving a claim number or communicating with an adjuster does not automatically stop the limitations period.

Does sending medical records extend the deadline?

No. Providing medical records to an insurance company does not ordinarily extend the filing period.

Does a settlement demand stop the deadline?

Generally, no. A demand letter begins or advances negotiations but does not ordinarily preserve the right to sue after the statute expires.

What if the insurance company is still investigating?

The filing deadline may continue running. An insurer’s unfinished investigation generally does not eliminate the need to file a timely lawsuit.

Is the deadline extended while I receive medical treatment?

Not automatically. Ongoing treatment does not ordinarily pause the statute of limitations.

Is the deadline shorter when a government agency is responsible?

Yes. An administrative claim may be required within six months for personal injury or property damage involving a government entity.

What if I was a passenger?

An injured passenger generally has the same two-year personal injury deadline, but the passenger may have claims against more than one driver or insurance policy.

What if I was partially responsible for the accident?

California follows comparative negligence principles. Partial fault does not automatically prevent recovery, although compensation may be reduced according to the injured person’s share of responsibility. The filing deadline still applies.

What if the driver who hit me was uninsured?

Your own uninsured motorist coverage may apply. California law and the insurance policy may require notice, arbitration or other action within a specified period.

What if the driver fled the scene?

A hit-and-run claim may involve special police-report, insurer-notice and evidence requirements. Take action immediately.

Can I sue more than two years after the accident?

Possibly, but only when a different deadline, accrual rule or legally recognized exception applies. Do not assume an exception exists.

Do I have three years if both my body and car were damaged?

Not for the injury claim. The personal injury claim is generally subject to a two-year period even though the property-damage claim may have a three-year period.

What if my child was injured?

Minority may toll some deadlines, but significant exceptions exist, particularly for government and insurance claims. A parent should have the case reviewed promptly.

How soon should I contact a lawyer?

As soon as reasonably possible. Early legal review provides more time to preserve evidence, identify defendants, investigate insurance and protect every applicable deadline.

California Laws Addressing Accident Deadlines

Important California authorities may include:

• California Code of Civil Procedure section 335.1: two-year period for injury or death caused by wrongful conduct or neglect
• California Code of Civil Procedure section 338: three-year period for injury to personal property
• California Code of Civil Procedure section 352: tolling rules that may apply during minority or certain legal incapacity
• California Code of Civil Procedure section 351: potential tolling when a defendant is outside California
• California Code of Civil Procedure section 366.2: claims involving a deceased defendant
• California Government Code section 911.2: government claim presentation deadlines
• California Government Code section 945.6: deadline following government claim rejection
• California Insurance Code section 11580.2: uninsured and underinsured motorist requirements

These statutes contain exceptions and technical language. Reading a statute without applying the facts of the accident may lead to an incorrect deadline calculation.

Why Choose the Law Office of Jasminder Gill?

Insurance companies handle accident claims every day. An injured person may be dealing with a serious injury, medical treatment and financial pressure for the first time.

The Law Office of Jasminder Gill helps clients by:

• Investigating how the accident occurred
• Preserving available evidence
• Identifying potentially responsible parties
• Locating applicable insurance coverage
• Collecting medical and wage-loss documentation
• Communicating with insurance adjusters
• Evaluating settlement offers
• Preparing a lawsuit when necessary
• Protecting applicable legal deadlines

Attorney Jasminder Gill has more than 15 years of personal injury experience and represents injured people in Costa Mesa, throughout Orange County and across California.

Speak With a California Car Accident Lawyer

The California car accident statute of limitations can permanently affect an injured person’s right to compensation. The ordinary two-year rule is only the beginning of the analysis. Government claims, property damage, minors, hit-and-run accidents, uninsured motorists and deceased defendants can create additional or shorter deadlines.

Do not rely on an insurance company to calculate or protect your filing date.

Call 949-416-9080 for a free consultation