California Motorcycle Accident Statute of Limitations: Critical Deadlines You Must Know

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 seeking compensation for your injuries. The clock starts ticking on the day the accident occurred, not when you discovered your injuries or when you finished medical treatment.

It's important to understand that this two-year deadline applies to filing a lawsuit in court—not to settling your claim with an insurance company. Many motorcycle accident cases are resolved through insurance negotiations without ever going to trial. However, the statute of limitations still matters because it gives you leverage in negotiations. Once the deadline passes, insurance companies know you can no longer sue, which dramatically weakens your bargaining position.

The two-year rule applies to claims for bodily injury, pain and suffering, emotional distress, lost wages, and loss of earning capacity. If you're seeking compensation for any harm to your person resulting from the motorcycle accident, this is the deadline you need to meet. Property damage claims, such as damage to your motorcycle, have a separate three-year statute of limitations under California Code of Civil Procedure Section 338(c).

If your motorcycle accident involved a government entity or employee—such as a city bus, county vehicle, state highway patrol, or any other government agency—the rules change dramatically. California Government Code Sections 910-915 require you to file an administrative claim with the appropriate government agency within six months of the accident. This is not a lawsuit; it's a formal notice of your intent to seek compensation.

The six-month deadline is strict and unforgiving. If you miss it, you generally lose your right to sue the government entity, regardless of how strong your case might be. After you file your administrative claim, the government agency has 45 days to respond. If they deny your claim or fail to respond within 45 days, you then have six months from the date of the denial (or from the 45-day deadline) to file a lawsuit in court.

Government liability cases are complex and require specialized knowledge of administrative procedures. Common scenarios include accidents caused by dangerous road conditions (potholes, missing signage, poor maintenance), collisions with government vehicles, or accidents involving government employees acting within the scope of their employment. If there's any possibility your accident involves a government entity, consult with a motorcycle accident attorney immediately to ensure you meet all deadlines.

California law recognizes that some injuries aren't immediately apparent after an accident. The 'discovery rule' provides an important exception to the standard two-year statute of limitations. Under this rule, the clock doesn't start ticking until you discover—or reasonably should have discovered—your injury and its connection to the accident.

This exception most commonly applies to internal injuries, latent conditions, or progressive injuries that worsen over time. For example, you might walk away from a motorcycle accident feeling relatively okay, only to develop severe back pain, neurological symptoms, or internal bleeding days or weeks later. In such cases, the statute of limitations may begin when you discovered the injury, not when the accident occurred.

However, the discovery rule has limits. Courts apply a 'reasonable person' standard—meaning the deadline starts when a reasonable person in your situation would have discovered the injury. If you ignored obvious symptoms or unreasonably delayed seeking medical attention, you may not benefit from this exception. Additionally, even with the discovery rule, there's typically an outside limit of how long you can wait. For personal injury claims, this is generally not more than a few years beyond the accident date.

California law provides special protections for minors (individuals under 18 years old) injured in motorcycle accidents. Under California Code of Civil Procedure Section 352, the statute of limitations is 'tolled' (paused) until the minor reaches age 18. This means the two-year clock doesn't start running until the minor's 18th birthday, giving them until their 20th birthday to file a lawsuit.

This tolling provision recognizes that minors cannot file lawsuits on their own behalf and may not have parents or guardians who are aware of their legal rights. However, it's still advisable to pursue claims on behalf of injured minors as soon as possible. Evidence can be lost, witnesses' memories fade, and insurance companies may be less willing to negotiate fairly as time passes.

There's an important exception to this rule: if the minor's claim is against a government entity, the six-month administrative claim deadline still applies, even for minors. A parent or guardian must file the administrative claim on the minor's behalf within six months of the accident. Failing to do so can bar the claim entirely, regardless of the minor's age. If your child was injured in a motorcycle accident, consult with an attorney immediately to protect their rights.

Missing the statute of limitations deadline has severe consequences. If you attempt to file a lawsuit after the deadline has passed, the defendant will almost certainly file a motion to dismiss based on the expired statute of limitations. Courts have no discretion to extend this deadline except in very limited circumstances, and your case will be dismissed before it ever gets to trial.

Once your case is dismissed due to the statute of limitations, you lose your right to seek compensation through the court system forever. It doesn't matter how severe your injuries are, how much your medical bills total, or how clearly the other party was at fault. The law is absolute: if you don't file within the deadline, your claim is barred.

This also affects your ability to negotiate with insurance companies. Once the statute of limitations expires, insurance adjusters know you have no leverage. You can't threaten to file a lawsuit because that option is no longer available. As a result, insurance companies often refuse to make any settlement offer at all, or they offer only a fraction of what your claim is worth. This is why it's critical to consult with a personal injury attorney as soon as possible after your accident.

Beyond the minor exception, California law recognizes several other situations where the statute of limitations may be 'tolled' or temporarily paused. Understanding these tolling provisions can be crucial if you're approaching the deadline and haven't yet filed your lawsuit.

One common tolling provision applies when the defendant leaves California after the accident but before you file your lawsuit. Under California Code of Civil Procedure Section 351, the time the defendant is absent from the state doesn't count toward the statute of limitations. However, you must be able to prove the defendant's absence, and this provision doesn't apply if the defendant was never a California resident to begin with.

Another tolling provision applies if the defendant conceals their identity or whereabouts to avoid being served with a lawsuit. In hit-and-run motorcycle accidents, for example, if the at-fault driver flees the scene and cannot be identified, the statute of limitations may be tolled until the driver is identified. Mental incapacity can also toll the statute of limitations—if you were mentally incapacitated due to your injuries and unable to pursue your claim, the clock may pause until you regain capacity.

It's important to understand that California has different statutes of limitations for different types of claims arising from the same motorcycle accident. While personal injury claims have a two-year deadline, property damage claims have a three-year statute of limitations under California Code of Civil Procedure Section 338(c).

This means you have three years from the date of the accident to file a lawsuit seeking compensation for damage to your motorcycle, riding gear, helmet, or other personal property. This longer deadline gives you more time to pursue property damage claims, but it's still advisable to handle all aspects of your claim together to ensure consistency and maximize your recovery.

In practice, most motorcycle accident victims pursue both personal injury and property damage claims simultaneously. Your motorcycle accident lawyer will typically include both types of damages in settlement negotiations with the insurance company. However, if you're approaching the two-year deadline for your injury claim, don't delay filing just because you have more time for the property damage portion. The injury claim is typically far more valuable and should be your priority.

When a motorcycle accident results in a fatality, the victim's family members may be entitled to file a wrongful death claim. California Code of Civil Procedure Section 335.1 provides a two-year statute of limitations for wrongful death claims, but the clock starts on the date of death, not necessarily the date of the accident.

This distinction can be important in cases where the victim survives for days, weeks, or even months after the accident before succumbing to their injuries. The two-year deadline begins on the date of death, giving the family additional time to pursue their claim. However, if the victim dies immediately or very soon after the accident, the deadlines for wrongful death and personal injury claims will be essentially the same.

Wrongful death claims can be filed by the deceased victim's surviving spouse, domestic partner, children, or if none exist, by other 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 family members. If you've lost a loved one in a motorcycle accident, consulting with an experienced attorney promptly is essential to protecting your family's rights.

Even though you may have two years to file a lawsuit, waiting until the last minute is extremely risky and can seriously harm your case. Evidence deteriorates over time—skid marks fade, debris is cleared, surveillance footage is erased, and physical evidence disappears. The sooner you begin your claim, the more evidence your attorney can preserve.

Witness memories also fade with time. People who saw your accident may forget critical details, move away, or become impossible to locate. Medical records can be lost or destroyed after a certain period. Insurance companies are required to keep claim files for only a limited time. The longer you wait, the harder it becomes to build a strong case.

Additionally, your attorney needs time to investigate your claim, gather evidence, consult with experts, and negotiate with insurance companies. Complex cases involving serious injuries may require accident reconstruction experts, medical specialists, vocational experts, and economists to calculate your damages. Rushing to file a lawsuit at the last minute doesn't give your legal team adequate time to build the strongest possible case. Most experienced accident attorneys recommend consulting with a lawyer within days or weeks of your accident, not months or years later.

It's crucial to understand the difference between insurance claim deadlines and the statute of limitations for filing a lawsuit. Your insurance policy likely requires you to report accidents and file claims within a specific timeframe—often 30 days for your own insurance and as soon as reasonably possible for the at-fault party's insurance.

Missing these insurance deadlines can result in denial of your claim, even if you're still within the two-year statute of limitations for filing a lawsuit. Insurance companies use policy deadlines as a reason to deny coverage, arguing that late reporting prejudiced their ability to investigate the claim. Always report your accident to all relevant insurance companies immediately, even if you're not sure you want to file a claim.

However, don't confuse insurance deadlines with the statute of limitations. You can negotiate with insurance companies for months or even years after an accident, as long as you file a lawsuit before the statute of limitations expires. Many settlement negotiations continue right up until the deadline, with the lawsuit being filed as a protective measure to preserve your rights while negotiations continue.

Navigating statute of limitations issues requires legal expertise, especially when exceptions, tolling provisions, or government entities are involved. An experienced motorcycle accident attorney will immediately calculate all applicable deadlines for your case and ensure that every required action is taken on time.

Your attorney will also gather and preserve evidence before it disappears, interview witnesses while their memories are fresh, and begin building your case immediately. They'll handle all communications with insurance companies, file necessary administrative claims against government entities, and ensure that a lawsuit is filed before the deadline if settlement negotiations aren't progressing.

Perhaps most importantly, having an attorney on your side early in the process sends a message to insurance companies that you're serious about your claim. Insurance adjusters know that represented claimants are more likely to file lawsuits and take cases to trial, which motivates them to make fair settlement offers. At Hurt Advice, our experienced motorcycle accident attorneys have helped countless riders recover full compensation for their injuries. We offer free consultations and work on a contingency fee basis—you pay nothing unless we win your case.

If you've been injured in a motorcycle accident in California, don't wait to take action. Even if you're still recovering from your injuries or unsure about pursuing a claim, consulting with an attorney costs you nothing and can protect your rights. Here are the steps you should take immediately:

First, document everything related to your accident and injuries. Keep copies of police reports, medical records, bills, pay stubs showing lost wages, photographs of your injuries and the accident scene, and any correspondence with insurance companies. Second, avoid giving recorded statements to insurance adjusters without first consulting an attorney—anything you say can be used to minimize or deny your claim. Third, don't accept any settlement offer without having an attorney review it. Initial offers are almost always far less than your claim is worth.

Finally, contact a qualified motorcycle accident attorney as soon as possible. At Hurt Advice, we understand the unique challenges motorcycle accident victims face, and we're committed to fighting for the full compensation you deserve. Time is critical—don't let the statute of limitations run out on your claim. Call us today for a free, no-obligation consultation to discuss your case and learn about your legal options.