You typically have two years to file an accident lawsuit in California. However, there are many other deadlines you need to be aware of after a car accident. For example, your insurance provider may request notification in a timely manner, requiring that you report the accident within a couple of days to a week.
If the car accident involves a government vehicle, the statute of limitations can be much shorter, requiring you to file a claim within six months from the date when the accident occurred.
Understanding Statute of Limitations
The statute of limitations on car accidents is designed to provide a time frame in which you can recover compensation after any motor vehicle accident. After a car or motorcycle accident, there may be a myriad of expenses that have piled up, including property damage, medical expenses, or even lost wages. By waiting to file a lawsuit, you may lose the right to get the compensation you deserve. Time limits on car accident claims allow all parties involved to collect evidence about the crash.
How Long Do You Have?
After a car accident, it’s important to know that your time to take legal action is limited. California law sets strict deadlines for filing claims related to both injuries and property damage. Missing deadlines can mean permanently losing your right to recover compensation, even if the other driver was at fault.
Personal Injury
In California, if you were injured in a car accident, you generally have two years from the accident date to file a personal injury lawsuit. The two-year clock starts ticking on the date the accident occurred, not when you file an insurance claim or start treatment. If you fail to file your lawsuit within the two-year window, your case could be dismissed by the court, and you may lose your right to recover damages for costs such as medical bills, lost wages, or pain and suffering. Remember, any collision with a vehicle owned by a government entity can decrease the statute of limitations to only 6 months.
There are some rare exceptions that may extend the deadline, such as cases involving minors or delayed discovery of certain injuries. However, most exceptions are limited and often involve complex legal arguments, which can draw out your case, causing the process to take much longer. To avoid losing your right to compensation, it’s best to speak with a personal injury attorney as soon as possible after your accident. Acting early gives your legal team time to collect evidence, negotiate with insurers, and file your claim before the statute of limitations expires.
Property Damage
If your car, phone, or any personal belongings were damaged in a car accident, you may have up to three years from the date of the accident to file a lawsuit for property damage in California. The property damage timeline is longer than the window for personal injury claims because the government allows time for both parties to perform due diligence. Between investigations and appraisals, it can take a lawyer several months to gather evidence prior to filing a lawsuit.
Property damage cases can take longer because they can be more complex than disputing an injury claim. Property damage can include the cost to repair or replace your vehicle, towing fees, rental car expenses, and even damage to items inside the car, like laptops or child safety seats. Filing promptly gives you the best chance to recover the full value of your losses. Remember to gather documentation early, such as repair estimates, photographs of the damage, and receipts for any out-of-pocket expenses related to the crash.
If you miss the deadline, you may lose your legal right to pursue reimbursement. A personal injury attorney can help make sure your claim is filed on time and includes all recoverable costs.
What Happens if you Miss Deadlines?
Missing the statute of limitations for a car accident claim in California can have serious consequences. You may permanently lose the right to claim any damages. If you miss the deadline, the court can dismiss your case, regardless of how strong your evidence is, or how badly you were injured.
By missing the deadline, you could be left to cover all medical expenses, lost wages, vehicle repairs, and other accident-related costs on your own.
There are rare exceptions where the deadline might be paused, like when the injured person is a minor or mentally incapacitated, or when the at-fault party can’t be located. But in most cases, once the window closes, so do your legal options. Consulting an attorney early ensures your rights are protected and all necessary paperwork is filed on time.
Exceptions to the Statute of Limitations
Once the statute of limitations has expired, it’s very difficult to file a lawsuit for any injuries, property damage, or wrongful death. However, there are rare instances that allow you to file a lawsuit outside of the legal time frame. For example:
- Lacking Mental Capabilities: If the victim of a motor vehicle accident lacks mental capabilities to file a lawsuit, the statute of limitations can be paused until they get better, including recovering from coma, traumatic brain injuries, or other injuries that require doses of mind-altering medications.
- Minor at the time of the accident: If the victim of an auto accident was a minor, the limitations period to file a personal injury lawsuit does not start until they reach the age of 18. In other words, a 16-year-old car accident victim may have until they turn 20 to file a legal claim for their car accident case.
- Defendant in prison: If the defendant is in prison, the statute of limitations may be paused until the defendant is released.
- Defendants outside California: The limitations statute may be paused until the defendant reenters the state of California.
How to File a Car Accident Lawsuit?
Usually, the best time to file a car accident lawsuit is as close to the accident date as possible. If you were recently in a crash, it’s important to find a car accident attorney who uses the “no win no fee” structure, meaning they only get paid if you win. If you seek compensation in a personal injury case, having skilled legal representation can significantly increase your chances of a successful outcome. Lawyers for Justice, PC can help any accident victim pursue compensation and accelerate the road to physical and financial recovery.
A law firm like Lawyers for Justice, PC can guide you through every step of the legal process after an accident. From investigating the cause of your injury to collecting medical records, police reports, and witness statements, we can help build a strong case on your behalf.
Lawyers for Justice, PC isn’t like your typical law firm. Whether you were hurt in a car crash, a slip and fall, or another type of accident, we can work to recover compensation for medical expenses, lost income, pain and suffering, and other damages so you can focus on healing.
Click here to book a free consultation or call (818) JUSTICE
Last Updated on August 1, 2025
