California Statute of Limitations for Car Accidents
Time is critical. California law sets strict deadlines for filing car accident claims. Miss these deadlines and you may lose your right to compensation forever.
⚠️ Important: Most personal injury claims must be filed within 2 YEARS of the accident date. Don't wait until it's too late!
California Car Accident Deadlines
Know your specific deadline based on your claim type.
Personal Injury Claims
From the date of the accident to file a lawsuit for physical injuries.
This includes all bodily injuries from the car accident, whether minor or severe.
Property Damage Claims
From the date of the accident to file for vehicle and property damage.
Covers damage to your car, personal belongings, and other property.
Wrongful Death Claims
From the date of death to file a wrongful death lawsuit.
Filed by surviving family members for fatal car accidents.
Claims Against Government
To file an administrative claim before suing a government entity.
Applies when a city, county, or state employee caused your accident.
Minors (Under 18)
The statute of limitations is tolled until the minor reaches 18.
Children have until age 20 to file personal injury claims.
Uninsured Motorist Claims
Check your insurance policy for specific deadlines.
Often must be filed within 2 years, but policies may have shorter deadlines.
Exceptions That May Extend Your Deadline
Discovery Rule
If you didn't immediately discover your injury (like latent injuries), the clock may start from when you discovered or reasonably should have discovered the injury.
Defendant Leaves California
If the at-fault party leaves California, the statute may be "tolled" (paused) while they're out of state.
Mental Incapacity
If you were mentally incapacitated at the time of the accident, the deadline may be extended.
Fraud or Concealment
If the defendant concealed their role in causing the accident, the statute may be extended.
⚠️ Important: Exceptions are complex and require legal analysis. Don't assume an exception applies to your case without consulting an attorney.
Why You Shouldn't Wait
Month 1-6: Best Time to Act
Evidence is fresh, witnesses remember details, medical records are current.
Month 6-12: Time is Passing
Evidence may start to degrade, some witnesses may become unavailable.
Month 12-18: Urgency Increases
Insurance companies may use delay against you. Critical to consult attorney.
Month 18-24: Critical Zone
Immediate action required. Some attorneys may decline last-minute cases.
After 2 Years: Deadline Missed
Your right to sue is gone. No exceptions in most cases.
Frequently Asked Questions
What happens if I miss the statute of limitations?
If you miss the deadline, you will almost certainly lose your right to sue. The court will dismiss your case, and you cannot recover any compensation through the legal system.
Does the statute of limitations apply to insurance claims?
The statute of limitations applies to lawsuits, not insurance claims directly. However, insurance companies know the deadline and may delay hoping you'll miss it. File your insurance claim promptly.
When does the 2-year clock start?
Generally, it starts on the date of the accident. However, for latent injuries discovered later, it may start from the discovery date. For wrongful death, it starts from the date of death.
Can I file a claim right before the deadline expires?
Technically yes, but this is extremely risky. Evidence degrades, witnesses become unavailable, and you give yourself no time to correct any filing errors. Contact an attorney as soon as possible.
Is there a minimum waiting period before I can file?
No minimum waiting period exists. You can file immediately after an accident, though most attorneys recommend waiting until you understand the full extent of your injuries.
Does hiring a lawyer extend the statute of limitations?
No, hiring a lawyer does not extend any deadlines. However, a lawyer ensures you meet all deadlines and can identify exceptions that may apply to your case.
Don't Let Time Run Out on Your Claim
Our attorneys can review your case immediately and ensure you don't miss any critical deadlines. Consultation is free.
📞 Check My Deadline: (818) 482-2260