How Long Do I Have to Sue After a Car Accident in California? Statute of Limitations Deadlines to Know

In California, you usually have two years from the date of the crash to file a personal injury lawsuit. That deadline comes from Code of Civil Procedure § 335.1. Claims for damage to your car get three years. If a government agency was involved, you may have only six months to file a written claim. Miss the deadline, and the court can throw the case out.

How Long Do I Have to Sue After a Car Accident in California?

Two years. That is the short answer for most injury claims in California. The clock normally starts the day the collision happens, not the day you finish treatment or the day the insurer denies you.

The rule lives in Code of Civil Procedure § 335.1. It covers injury or death "caused by the wrongful act or neglect of another." That includes rear-end crashes on the 405, pedestrian collisions in San Diego, and motorcycle wrecks outside Sacramento.

Filing a claim with an insurance company does not stop the clock. Only filing a lawsuit in court does. Many people learn this too late, after months of back-and-forth with an adjuster.

What Is the Statute of Limitations for Other California Injury Cases?

A statute of limitations is a legal time limit. Each type of claim has its own. Here are the main California deadlines people ask about:

• Personal injury (car crash, slip and fall, dog bite): 2 years from the injury — CCP § 335.1
• Property damage, including your vehicle: 3 years — CCP § 338
• Wrongful death: 2 years from the date of death — CCP § 335.1
• Medical malpractice: 1 year from discovery, or 3 years from the injury, whichever comes first — CCP § 340.5
• Claims against a city, county, or state agency: 6 months to file an administrative claim — Government Code § 911.2
• Uninsured motorist claims: generally 2 years from the crash to sue, demand arbitration, or settle — Insurance Code § 11580.2(i)

Dog bite cases follow the two-year injury rule, even though liability is strict under California Civil Code 3342 dog bite law. The deadline and the liability standard are two separate questions.

Why Are Claims Against Government Agencies So Much Shorter?

Because California law requires a written claim first. Under Government Code § 911.2, you generally have six months from the incident to present a claim to the public entity. That applies to crashes with a city bus, a county truck, a police vehicle, or a Caltrans worker.

It also applies to dangerous road conditions — a missing stop sign in Fresno, a flooded intersection in Bakersfield, a pothole that throws a motorcyclist.

If the agency rejects your claim in writing, Government Code § 945.6 gives you only six months from the date the rejection notice is mailed to file suit. That is far shorter than the usual two years. You can read the statute on the California Legislative Information site.

People hurt by a public vehicle often do not realize an agency was involved until they read the police report. Reading that report early matters.

When Does the Clock Start — and Can It Ever Pause?

The clock usually starts the day of the crash. But California recognizes situations where it starts later or stops running for a time. Lawyers call this "tolling."

The discovery rule

Some injuries do not show up right away. If you could not reasonably have known you were hurt — or did not know the cause — the deadline may start when you discovered it. Courts look closely at what you knew and when. Results depend on the facts of each case.

Injured children

Under Code of Civil Procedure § 352, the two-year clock does not run while a child is under 18. A teenager hurt at 16 generally has until age 20 to sue. Parents who are handling a claim for a child should still act early, because evidence fades. If your family is sorting through one of these, see what to do after a teen driver car accident in California.

A defendant who leaves the state

CCP § 351 can pause the clock during periods when the defendant is out of California. This rule is narrow and heavily litigated. Do not rely on it to buy time.

What Happens If You Miss the Filing Deadline?

The other side files a motion, and the case ends. A defendant who raises the statute of limitations correctly will almost always win dismissal, no matter how serious your injuries were or how clear the other driver's fault was.

There is no appeal to fairness here. Courts apply the deadline as written. That is why the date on your police report matters so much.

There is one practical wrinkle. Insurance companies are allowed to keep negotiating right up to the deadline. Once it passes, your leverage disappears, because you can no longer take the claim to court. Some adjusters know the calendar better than claimants do.

What Should You Do Before the Deadline Runs?

Start with the paperwork, not the lawsuit. Most of what protects a claim happens in the first weeks.

1. Write down the crash date. Count forward two years and mark that date. Then count forward six months and mark that too, in case a public entity is involved.
2. Get the traffic collision report. It names every driver, vehicle owner, and agency. CHP and local police departments provide copies to involved parties.
3. See a doctor and keep going. Gaps in treatment are used against injured people. Physicians, not insurers, document what happened to your body.
4. Save everything. Photos, dash-cam video, repair estimates, pay stubs, and medical bills. See what to bring to a free case evaluation after a California car accident.
5. Report the claim to your own insurer. Uninsured and underinsured motorist coverage has its own contract deadlines, often two years.
6. Talk to a lawyer well before month 23. Rushed filings cause mistakes.

How Does Hiring a Lawyer Affect the Deadline?

It does not change the deadline, but it changes who is watching it. A law firm that handles California injury cases tracks the statute of limitations, identifies every potentially responsible party, and files before the date passes.

Identifying parties takes time. A delivery van crash may involve the driver, the employer, a leasing company, and a maintenance contractor. Each one must be named correctly in the complaint.

Justin for Justice focuses on California personal injury matters, including car, truck, motorcycle, and premises cases. We cannot advise you about your specific situation through an article, and outcomes depend on the facts and evidence in each case.