Understanding Motorcycle Accident Claim Deadlines in California

California Code of Civil Procedure Section 335.1 establishes a two-year statute of limitations for personal injury claims, including motorcycle accidents. This means you have exactly two years from the date of your accident to file a lawsuit in civil court against the at-fault driver or other responsible parties. If you miss this deadline, the court will almost certainly dismiss your case, and you'll lose your right to seek compensation for your injuries, medical bills, lost wages, and pain and suffering.

The two-year clock starts ticking on the date of your motorcycle accident, not when you discover your injuries or when you finish medical treatment. For example, if you were injured in a motorcycle crash on March 15, 2024, you must file your lawsuit by March 15, 2026. It's important to note that this deadline applies to filing the lawsuit itself—not just hiring an attorney or sending a demand letter to the insurance company. Settlement negotiations with insurance companies don't extend the statute of limitations.

While two years may seem like plenty of time, motorcycle accident cases are complex and require extensive investigation, medical documentation, expert analysis, and legal preparation. Experienced motorcycle accident attorneys recommend starting the legal process as soon as possible after your crash. Waiting until the last minute can compromise your case, as crucial evidence may be lost, witnesses may become unavailable, and your attorney will have less time to build the strongest possible claim on your behalf.

If your motorcycle accident was caused by a government employee or involved dangerous road conditions maintained by a government agency, you face much shorter deadlines. California Government Code Sections 910-915 require you to file a formal claim with the appropriate government entity within six months of your accident. This is not a lawsuit—it's an administrative claim that must be filed before you can sue a government entity in court.

The six-month deadline is strictly enforced, and missing it will bar your claim entirely in most cases. You must identify the correct government agency (city, county, state, or federal), complete the proper claim forms, and submit them within the 180-day window. The government entity then has 45 days to accept or reject your claim. If your claim is rejected or the agency doesn't respond within 45 days, you then have six months from the rejection date to file a lawsuit in court.

Government liability cases are particularly complex because they involve sovereign immunity issues, special procedural rules, and often require proving that the government entity had actual or constructive notice of the dangerous condition. If your motorcycle accident involved a pothole, missing guardrail, obscured traffic sign, or other road hazard, or if you were hit by a city bus, police vehicle, or other government vehicle, contact a personal injury attorney immediately to ensure you meet these critical early deadlines.

Beyond legal filing deadlines, you must also comply with insurance policy reporting requirements. Most auto insurance policies require you to report an accident 'promptly' or within a specific timeframe, typically ranging from 24 hours to 30 days. While these are contractual deadlines rather than legal ones, failing to report your motorcycle accident to your insurance company within the required timeframe can result in denial of your claim.

You should report your motorcycle accident to your own insurance company even if you weren't at fault. California is a fault-based state, meaning the at-fault driver's insurance should pay for your damages, but your own policy may provide important coverage such as uninsured/underinsured motorist benefits, medical payments coverage, or collision coverage. You should also report the accident to the at-fault driver's insurance company, though you should consult with an attorney before giving a recorded statement.

Insurance companies often use delayed reporting as a reason to deny or reduce claims, arguing that the delay prevented them from properly investigating the accident or that your injuries must not be serious if you didn't report them immediately. To protect your rights, report your motorcycle accident to all relevant insurance companies within 24-48 hours, even if you're still receiving medical treatment and don't yet know the full extent of your injuries. You can always update your claim as your medical situation becomes clearer.

California law recognizes that in some cases, you may not immediately discover that you were injured or that someone else's negligence caused your injuries. The 'discovery rule' can extend the statute of limitations in these situations. Under this rule, the two-year deadline doesn't begin until you discover (or reasonably should have discovered) your injury and its connection to the motorcycle accident.

The discovery rule most commonly applies in cases involving latent injuries—medical conditions that don't manifest symptoms until weeks, months, or even years after the accident. For example, some traumatic brain injuries or spinal conditions may not be immediately apparent after a motorcycle crash. If you develop symptoms months later and medical evidence shows these injuries resulted from your accident, the statute of limitations may begin when you discovered the injury, not when the accident occurred.

However, the discovery rule has limitations. California courts apply an objective standard: the clock starts when you reasonably should have discovered the injury, not necessarily when you actually did discover it. If you had symptoms that would have prompted a reasonable person to seek medical attention and investigation, the court may rule that you should have discovered the injury earlier. This is why it's crucial to seek immediate medical attention after any motorcycle accident, even if you feel fine, and to document all symptoms and medical visits carefully.

California law provides special protections for minors (individuals under 18) and legally incapacitated persons who are injured in motorcycle accidents. Under Code of Civil Procedure Section 352, the statute of limitations is 'tolled' (paused) for minors until they reach age 18. This means a minor injured in a motorcycle accident has until their 20th birthday to file a lawsuit—two years after reaching the age of majority.

For example, if a 15-year-old is injured as a motorcycle passenger in a crash on January 1, 2024, they would normally have until January 1, 2026 to file a lawsuit. However, because they're a minor, the statute of limitations doesn't begin running until they turn 18. If they turn 18 on June 1, 2027, they would have until June 1, 2029 to file their lawsuit. This extended deadline ensures that minors aren't prejudiced by their legal inability to file lawsuits on their own behalf.

Similarly, if an accident victim is legally incapacitated due to mental disability or incompetence at the time of the accident, the statute of limitations may be tolled until the incapacity is removed. However, these rules are complex and subject to various exceptions. If a minor or incapacitated person was injured in a motorcycle accident, their parent or legal guardian should consult with an experienced attorney to understand the specific deadlines that apply and to ensure the victim's rights are protected.

When a motorcycle accident results in a fatality, surviving family members may file a wrongful death lawsuit under California Code of Civil Procedure Section 377.60. Wrongful death claims have their own statute of limitations: two years from the date of death, not the date of the accident. This distinction is important because in some cases, the victim may survive for days, weeks, or even months after the accident before succumbing to their injuries.

For example, if a motorcyclist is critically injured in an accident on March 1, 2024, but dies from those injuries on May 15, 2024, the two-year statute of limitations for a wrongful death claim would run from May 15, 2024, not from the accident date. The surviving family members would have until May 15, 2026 to file a wrongful death lawsuit. This separate timeline recognizes that families need time to grieve and make arrangements before pursuing legal action.

Wrongful death claims can be filed by the deceased person's surviving spouse, domestic partner, children, or if none exist, by other surviving family members who were financially dependent on the deceased. These claims seek compensation for funeral and burial expenses, loss of financial support, loss of companionship and guidance, and the pain and suffering experienced by surviving family members. If you've lost a loved one in a motorcycle accident, an experienced wrongful death attorney can help you understand your rights and ensure you meet all applicable deadlines.

If your motorcycle accident was caused by a defective motorcycle part, tire failure, or other product defect, you may have a product liability claim against the manufacturer, distributor, or retailer. Product liability claims in California are subject to a two-year statute of limitations from the date of injury, similar to standard personal injury claims. However, there's also a separate statute of repose that can affect these cases.

California's statute of repose for product liability claims generally bars lawsuits filed more than 10 years after the product was first sold, regardless of when the injury occurred. This means if you're injured by a defective motorcycle part that was manufactured 11 years ago, you may be barred from suing the manufacturer even if your injury just occurred. However, there are exceptions for products with a useful life longer than 10 years and for cases where the manufacturer made fraudulent misrepresentations.

Product liability cases involving catastrophic injuries from motorcycle defects require extensive investigation, expert testimony, and technical analysis. You'll need to prove that the product was defective, that the defect caused your accident and injuries, and that you were using the product as intended. These cases often involve multiple defendants and complex legal theories. If you suspect a product defect contributed to your motorcycle accident, consult with an attorney who has specific experience in product liability litigation as soon as possible.

Long before you reach the statute of limitations deadline, there are numerous pre-litigation deadlines and time-sensitive tasks that can make or break your motorcycle accident case. Evidence preservation is critical—skid marks fade, surveillance footage is deleted, vehicles are repaired, and witnesses' memories deteriorate. Your attorney should immediately send spoliation letters to preserve evidence, obtain police reports, photograph the accident scene, and interview witnesses.

Medical documentation deadlines are equally important. You should seek medical attention within 24-48 hours of your accident, even if you don't think you're seriously injured. Insurance companies routinely argue that gaps in medical treatment indicate your injuries weren't caused by the accident or aren't as severe as you claim. You should follow all treatment recommendations, attend all appointments, and document every symptom and limitation you experience.

Your attorney will also need time to obtain and review your complete medical records, consult with medical experts, calculate your economic damages, research applicable law, and negotiate with insurance adjusters. Most motorcycle accident cases settle before trial, but settlement negotiations can take months or even years. Starting the legal process early gives your attorney maximum leverage to negotiate the best possible settlement while still preserving the option to file a lawsuit if settlement negotiations fail.

Missing the statute of limitations or other critical deadlines can have devastating consequences for your motorcycle accident claim. If you attempt to file a lawsuit after the statute of limitations has expired, the defendant will file a motion to dismiss based on the statute of limitations, and the court will grant that motion in virtually all cases. Once your case is dismissed on statute of limitations grounds, you lose your right to seek compensation forever, regardless of how strong your case might have been.

There are very limited exceptions that might allow a court to excuse a missed deadline. These include situations where the defendant fraudulently concealed information that prevented you from discovering your claim, where you were legally incapacitated, or where your attorney committed malpractice by missing the deadline (in which case you might have a legal malpractice claim against your attorney). However, these exceptions are narrowly construed, and you should never rely on them.

Missing insurance reporting deadlines can also seriously damage your claim, even if you're still within the statute of limitations. Insurance companies may deny your claim entirely or argue that the delay prejudiced their ability to investigate, which can reduce your settlement value. If you've already missed a deadline, consult with an experienced personal injury attorney immediately to determine whether any exceptions might apply and what options you still have to pursue compensation.

Even though you may have up to two years to file a motorcycle accident lawsuit, waiting until the deadline approaches is a serious mistake. Evidence deteriorates rapidly after an accident—physical evidence at the scene disappears, witnesses move away or forget details, and surveillance footage is often deleted after 30-90 days. The sooner your attorney can begin investigating your case, the stronger your evidence will be.

Your medical treatment and recovery also affect the timing of your claim. You generally shouldn't settle your case until you've reached maximum medical improvement (MMI)—the point where your condition has stabilized and your doctors can accurately predict your long-term prognosis. If you settle too early, you might not receive adequate compensation for future medical treatment, ongoing disability, or permanent impairment. However, you also can't wait indefinitely, as you must file your lawsuit before the statute of limitations expires.

Insurance companies are also more likely to take your claim seriously when you have legal representation early in the process. When you hire an attorney promptly after your motorcycle accident, it signals that you're serious about pursuing full compensation and that you understand your legal rights. This can lead to better settlement offers and faster resolution of your claim. Conversely, waiting months or years to hire an attorney may cause insurance adjusters to question the severity of your injuries or the validity of your claim.

One of the most important reasons to hire an experienced motorcycle accident attorney is to ensure you never miss a critical deadline. Law firms that handle personal injury cases have sophisticated calendaring and deadline tracking systems to monitor every important date in your case. From the initial statute of limitations deadline to discovery cutoffs, motion filing deadlines, and trial dates, your attorney will ensure that every deadline is met and that your case proceeds smoothly through the legal system.

Your attorney will also handle all communication with insurance companies, ensuring that reports are filed on time and that you don't inadvertently say something that could harm your claim. They'll gather and preserve evidence immediately, file any necessary administrative claims (such as claims against government entities), and begin building your case long before the statute of limitations becomes a concern. This proactive approach maximizes your chances of obtaining full compensation.

Perhaps most importantly, your attorney will advise you on the optimal timing for filing your lawsuit. In some cases, it makes sense to file early to preserve evidence or prevent the defendant from hiding assets. In other cases, it's better to wait until you've completed medical treatment so you can accurately value your claim. An experienced accident attorney will develop a strategic timeline for your case that protects your legal rights while positioning you for the best possible outcome.

Motorcycle accidents often involve multiple vehicles and potentially multiple at-fault parties. When several drivers share liability for your injuries, you may need to file claims or lawsuits against multiple defendants, each with their own insurance companies and legal representation. The statute of limitations applies separately to each potential defendant, but strategic considerations may affect when and how you pursue each claim.

In some cases, one defendant may be more clearly liable than others, or one may have better insurance coverage. Your attorney might choose to pursue the strongest claim first while continuing to investigate other potential defendants. However, you must be careful not to release any defendant from liability until you're certain you've identified all responsible parties and fully understand the extent of your injuries and damages.

Complex multi-vehicle accidents may also involve commercial trucks, rideshare vehicles, or other commercial entities with different insurance policies and liability rules. These cases require sophisticated legal analysis to identify all potential sources of compensation and to ensure that claims against each defendant are filed within the applicable deadlines. An experienced attorney will conduct a thorough investigation to identify every party who contributed to your accident and will pursue all available sources of compensation.