After a car accident, your first concern is likely your health and vehicle. But soon after, you’ll face a critical legal question:
How long do you have to file a car accident claim in California?
Whether you’re seeking compensation for injuries or vehicle damage, missing the deadline can cost you everything. Here’s what you need to know about filing a car accident claim in California, including the statute of limitations, exceptions, and when to take legal action.
1. What Is the Statute of Limitations in California?
In California, the statute of limitations for personal injury claims (including car accidents) is:
- 🕒 2 years from the date of the accident for personal injury claims.
- 🕒3 years for property damage (such as car repairs).
If you try to file after these deadlines, the court will likely dismiss your case — no matter how valid your claim is.
➡️ California Code of Civil Procedure § 335.1
2. What If You’re Suing a Government Entity?
If your accident involved a government vehicle (like a city bus or police cruiser), special rules apply.
You must file a government claim within 6 months of the accident.
If the government denies your claim, you have 6 months from the denial to file a lawsuit.
➡️ California Government Claims Board
3. When Should You File Your Claim?
The sooner, the better. Here’s why:
- Evidence fades: Traffic footage is deleted, witnesses forget details, and accident scenes change.
- Medical records matter: Immediate medical attention helps link your injuries to the crash.
- Insurance deadlines: Most insurers require claims to be reported within a few days to weeks.
Delays can hurt your claim — even if you’re still within the legal deadline.
4. Exceptions to the Deadline
There are limited situations where the statute of limitations may be extended:
- Delayed discovery of injury: If injuries weren’t immediately apparent.
- Minors: If the injured party is under 18, the clock may not start until they turn 18.
- Mental incapacity: If the person is mentally unable to pursue a case right away.
Consulting with a personal injury lawyer ensures your timeline is accurately assessed.
5. What If the Insurance Company Delays the Process?
Insurance companies sometimes drag their feet to stall your case. Don’t wait on them too long.
💡 Tip: Filing a personal injury lawsuit doesn’t mean you’re going to court — it means you’re preserving your rights while continuing negotiations.
6. How a Lawyer Can Help
Navigating California’s deadlines can be stressful, especially when you’re injured or recovering. A car accident lawyer can:
- Track your filing deadlines
- Handle communication with insurance companies
- Preserve key evidence
- Maximize your compensation
Final Thoughts
The clock starts ticking the moment your accident happens. Don’t wait too long and risk losing your right to compensation. Knowing how long you have to file a car accident claim in California is the first step in protecting your legal and financial future.
If you’re unsure about your case, speak to an experienced auto accident attorney today — before time runs out.
