What Is the Statute of Limitations in California for Car Accidents?

Victims of motor vehicle accidents generally have two years from the accident date to file a legal claim or lawsuit. Failure to meet the filing deadline, regardless of a case’s strength, can result in the permanent loss of the right to seek compensation.

The California Office of Traffic Safety (OTS) reports a consistent increase in auto accidents over a five-year period that resulted in serious injury to approximately 16,000 victims. Consequently, it is vital for accident victims to understand their legal rights—and the strict deadlines that govern them.

Here is what you need to know if you were recently harmed or affected by a car accident in California.

What Is the “Statute of Limitations”?

A statute of limitations sets a legally mandated time limit for an injured party to file a car accident lawsuit, and it imposes firm deadlines. The courts will typically refuse to hear a case if this deadline is missed. These restraints are meant to serve a practical purpose:

• Ensuring that lawsuits are filed while evidence is current
• Witnesses are accessible
• The factual records remain reliable

Important Deadlines for California Car Accident Claims

The specific time limits for filing a car accident claim in California depend on the nature of the claim. Understanding which category applies to your case is crucial, as it determines whether you can recover compensation or must forfeit your right to financial recovery.

Personal Injury Claims: Two Years

State law (California Government Code Código de Procedimiento Civil, artículo 335.1) grants personal injury victims a two-year statute of limitations from the date of a car accident to file a personal injury lawsuit. Typically, the statute of limitations begins on the same date as the accident itself. This applies to all injured parties, including drivers, passengers, pedestrians, motorcyclists, and bicyclists.

Property Damage Claims: Three Years

Claims involving property damage have a three-year statute of limitations. This longer period accounts for the time often needed to evaluate property disputes and navigate insurance negotiations. The clock starts ticking on the accident date, not the insurance claim filing date.

Wrongful Death Claims: Two Years from the Date of Death

For wrongful death cases, surviving family members have a two-year statute of limitations from the date of the victim’s death (which may differ from the crash date) to file a wrongful death lawsuit. This distinction is critical for understanding the timeline.

It is strongly recommended that you consult an abogado con experiencia en accidentes automovilísticos to confirm which deadline applies to your specific circumstances, so you can take legal action within the appropriate timeframe.

Reduced Filing Periods for Car Accident Cases Involving Government Entities

Bajo California Code, Government Code – 911.2, if a government employee or government-owned vehicle is involved in a crash, an administrative claim against the agency must be filed within 6 months of the accident. Government entities may include:

• CHP Officer
• City bus 
• Fire truck
• Public sanitation vehicle

After a claim is submitted, the agency has 45 days to respond. Rejection gives six months to file a lawsuit; failure to respond initiates the standard two-year period. Given these quick deadlines, it is vital to act quickly.

Other Exceptions to the Car Accident Statute Filing Period

California law recognizes that not every accident victim is in a position to file a lawsuit right away. In certain situations, the statute of limitations can be “tolled,” or paused, until specific conditions are met.

Injured Minors

For a child injured in a car accident, the two-year statute of limitations begins on their 18th birthday, giving them until age 20 to file a personal injury claim, unless a parent or guardian has already filed on their behalf, which may alter the timeline.

The Discovery Rule: Delayed Injuries Following Car Accidents in California

Some injuries, such as soft tissue injuries, internal bleeding, or brain injuries, may not appear immediately. In these personal injury cases, California’s “discovery rule” delays the statute of limitations until the date the injury is reasonably discovered and linked to the crash.

Mental Incapacity

The statute of limitations is paused if an accident victim suffers a mental disability from the crash or lacks legal capacity at the time, until they regain the mental capacity to make independent legal decisions.

Out-of-State or Incarcerated Defendants

The statute of limitations is paused (tolled) if the at-fault driver leaves California or is incarcerated, preventing defendants from avoiding liability by being unavailable.

Why You Cannot Afford to Delay Legal Action

Although California’s statute of limitations allows car accident victims two years to file a lawsuit, prompt action is strongly advised. Waiting is damaging to a personal injury case because: 

• Evidence quickly disappears
• Witness memories fade
• Accident scenes are altered
• Surveillance video may be erased
• The validity of injuries may be questioned

Do I Need Help from a California Car Accident Lawyer?

While minor car accidents without injuries can often be resolved directly through insurance companies, consulting with an attorney is always beneficial. Legal guidance provides clarity regarding any complexities and ensures you understand your options, even in seemingly simple cases.

The benefits of working with a California personal injury lawyer include:

• Recuperar la máxima compensación: For the full extent of daños compensatorios, encompassing medical expenses, lost wages, and dolor y sufrimiento
• Meet the Filing Deadline: Ensuring timely filing of the car accident lawsuit to comply with California’s statute of limitations
• Construct a Strong Case: Gathering and preserving all physical evidence and witness testimonies to strengthen a car accident claim

If you are considering filing a lawsuit, it is important to consult with an experienced attorney about your case.

The Last Word: What You Need to Know About the Statute of Limitations

The statute of limitations for California car accidents is generally:

• Two years for personal injury
• Three years por daños a la propiedad
• Two years for wrongful death
• Six months if a government entity is the liable party

Because Leyes de accidentes automovilísticos de California are complex, and exceptions to the deadlines are rare, it is important to consult a skilled California car accident attorney. This is essential to prevent the devastating consequences of missing the statute of limitations.

Scheudle a Free Consultation

En Abogado Jeff, abogado de accidentes automovilísticos, our experienced California car accident attorneys are dedicated to securing the maximum compensation you are entitled to. We handle legal proceedings by skillfully applying our thorough understanding of California’s traffic laws and the statute of limitations.

Jeff te tiene; schedule a free consultation today. Focus on your recovery, and we’ll handle your case.

Escrito por

Michelle Jaco

Estratega de contenido y redactora publicitaria radicada en el Condado de Orange, cuenta con más de diez años de experiencia profesional en redacción. Licenciada en Inglés por la Universidad Estatal de San Diego, se especializa en la creación de identidad de marca y la mejora de la interacción con el lector, con experiencia en contenido legal, redacción publicitaria para startups de software y branding de estilo de vida. Cuando no está escribiendo en su cafetería favorita, Michelle suele viajar, correr por la playa y disfrutar de su afición deportiva animando a los Kansas City Chiefs y a los Los Angeles Dodgers (aunque insiste en que no es una oportunista).