These deadlines are strict. If you file one day late, your case will likely be dismissed, and you'll receive nothing – regardless of how strong your claim is or how seriously you were injured.
California's Filing Deadlines for Car Accident Cases
In California, you generally have 2 years from the date of the accident to file a personal injury lawsuit for a head-on collision. Property damage claims have a longer deadline of 3 years.
- ✓Personal injury claims: 2 years from accident date
- ✓Property damage claims: 3 years from accident date
- ✓Wrongful death: 2 years from date of death
- ✓Claims against government entities: 6 months to file administrative claim
Exceptions to the Standard Deadlines
Some circumstances can "toll" (pause) or extend the statute of limitations. Exceptions may apply if the injured person was a minor, was mentally incapacitated, or if the defendant left the state. The "discovery rule" may also apply when injuries weren't immediately apparent.
Despite these exceptions, you should never wait to file. Evidence disappears, witnesses' memories fade, and unexpected obstacles can arise. Contact an attorney as soon as possible after your head-on collision.
Frequently Asked Questions
What if I was injured in a head-on collision with a government vehicle?▼
Claims against government entities have a 6-month deadline to file an administrative claim. This is much shorter than the standard 2-year deadline. Contact an attorney immediately.
Does filing an insurance claim extend the statute of limitations?▼
No. Insurance claims and lawsuits are separate. You must file a lawsuit within the statute of limitations regardless of whether insurance negotiations are ongoing.
What if my head-on collision injuries appeared later?▼
The "discovery rule" may extend your deadline if injuries weren't immediately discoverable. The deadline may start when you discovered (or should have discovered) the injury. This is legally complex – consult an attorney.
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