One of the most important deadlines in any car accident case is your state’s statute of limitations. If you wait too long to take legal action, you could lose your right to recover compensation entirely.
So, what is the statute of limitations for car accidents in California? In most cases, the statute of limitations is two years.
Putting together a strong car accident claim takes longer than most people realize. A Los Angeles car accident lawyer can investigate your crash, gather evidence, and help you file your claim as promptly as possible.
What Is the Car Accident Statute of Limitations in California?
According to CCP § 335.1, the statute of limitations for most car accident claims in California is two years from the date of the accident. This deadline applies to lawsuits seeking compensation for bodily injuries caused by another driver’s negligence. If you do not file a lawsuit within this two-year window, the court will likely dismiss your case.
If your car accident claim only involves property damage, the deadline is three years from the date of the accident.
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What if a Government Vehicle Was Involved?
Car accidents involving government vehicles or dangerous road conditions have much shorter deadlines. If your crash involved a city, county, or state agency, you must usually file a government claim within six months of the accident.
This claim is not a lawsuit. Rather, it is a formal notice that must be submitted before you are allowed to sue. If the claim is denied, you then have a limited window to file a lawsuit in court.
How Long Does a Minor Have to File a Car Accident Claim in CA?
If a minor is injured in a car accident, the statute of limitations is typically paused until they turn 18. Once they reach adulthood, they usually have two years from their 18th birthday to file a personal injury lawsuit.
However, this extension does not apply to all claims. For example, if a parent or guardian is pursuing medical expense claims on behalf of the minor, different deadlines may apply.
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When Does the Statute of Limitations Clock Start?
In most car accident cases, the clock starts on the date of the accident. This applies even if you did not seek medical treatment immediately or believed your injuries were minor.
In cases involving delayed discovery, the clock may start when you knew or reasonably should have known that your injuries were caused by the accident. However, these cases are closely scrutinized, and courts rarely grant this exception.
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What Happens if You Miss the Deadline?
If the car accident statute of limitations expires, the at-fault party can ask the court to dismiss your case. Judges routinely grant these requests, even when liability is clear and damages are severe.
Once dismissed, your case is effectively closed. You cannot resubmit the claim, renegotiate with insurers, or file a new lawsuit based on the same accident.
Why the Statute of Limitations Matters
The statute of limitations is a hard legal deadline that courts enforce strictly. Once it expires, you lose leverage with insurers and forfeit the ability to pursue compensation through the legal system.
Insurance companies are well aware of these deadlines and may intentionally delay negotiations. If you are not mindful of how long you have to file a lawsuit, you could be pressured into accepting a low settlement, or nothing at all.
How the Statute of Limitations Affects Insurance Claims
You can file an insurance claim for a car accident at any time, but insurers are not required to resolve it before your state’s statute of limitations expires. If that deadline passes, insurers know you no longer have the ability to sue, which drastically weakens your position.
Once that leverage is gone, insurance companies often reduce their settlement offers or even deny liability altogether. Filing a lawsuit before your state’s deadline expires preserves your ability to negotiate from a position of strength and helps you avoid a rushed settlement.
Why Acting Early Matters
Even though California gives you up to two years to file most injury lawsuits, waiting to file one is rarely a smart move. Contacting our car accident lawyers early gives us time to gather evidence, obtain medical documentation, locate witnesses, and accurately calculate your damages.
Delays can lead to:
- Lost evidence: Surveillance footage and crash data may be erased.
- Weakened testimony: Witnesses’ memories fade over time.
- Disputed injuries: Insurers may argue that your injuries are exaggerated or unrelated to the accident.
Consult a Car Accident Attorney
Two years may sound like plenty of time, but it passes quickly when you are dealing with injuries, vehicle repairs, and insurance disputes. If you need to file an injury claim, a car accident attorney from The Ryan Law Group can guide you through the process and deal with the insurance company so you can focus on recovering from the crash.
Schedule a free consultation to start building your claim.
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