How Long Do You Have to File a Car Accident Lawsuit in California?

The short answer: generally two years from the date of the accident

How long do I have to file a car accident lawsuit in California? For most injury claims, the answer is generally two years from the date of the accident. Cal. Code Civ. Proc. § 335.1 sets a two-year limit for actions for injury to a person caused by another’s wrongful act or neglect.

“Statute of limitations” is the legal name for this deadline. It is the last day you can file a lawsuit in court. The California Courts Self Help Guide says California injury lawsuits generally must be filed within two years of the injury. That rule is subject to exceptions and tolling. Tolling means the clock is paused for a legal reason.

Write down the crash date now. The two years generally run from the injury, and for most crashes that is the day of the collision. The same general rule covers truck, motorcycle, bicycle, pedestrian, and bus crashes when the at-fault party is a private person or business. Public agencies follow shorter steps, which are covered below.

Why talks with an insurance company do not stop the clock

A demand letter, a phone call, or an open claim number is not a lawsuit filed in court.

Many injured people lose track of time during negotiations. Insurers may take months to review medical records. Offers can arrive slowly. A person who waits on a settlement can reach the two-year mark with no suit on file.

Keep a simple calendar. Mark the crash date, the two-year date, and the date you sent any written claim. If the other driver’s insurer is still reviewing the claim, the calendar keeps running. If talks end without an agreement, you need time to act. Make that decision early, not at the last minute.

Property damage, wrongful death, and other timelines

A wrongful death claim generally follows the two-year period. Cal. Code Civ. Proc. § 338 allows three years for an action for taking, detaining, or injuring goods or chattels. Goods or chattels is the legal term for personal property, and a car is personal property.

A wrongful death claim after a fatal crash falls under the two-year period in § 335.1, which covers injury to or death of an individual. The claim generally runs two years from the date of death. Under Cal. Code Civ. Proc. § 377.60, the claim may be brought by a surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, by the persons who would be entitled to the property of the decedent by intestate succession. Certain dependent family members may also bring it. So can a minor who lived in the decedent’s household for the previous 180 days and depended on the decedent for half or more of support. The decedent’s personal representative may bring it on their behalf.

Here is one example. A driver survives a crash that totals the car, and a passenger dies. The driver’s injury claim generally has two years from the crash (Code Civ. Proc. § 335.1). Under California law, an action for injuring goods or chattels, which can include a vehicle, is governed by its own provision (Cal. Code Civ. Proc. § 338). The passenger’s family has a wrongful death claim that generally runs two years from the date of death. Each claim keeps its own date, so one crash can carry several deadlines at once.

Claims against cities, counties, Caltrans, and public bus agencies

When a public agency is responsible, a written claim generally must be presented within six months of the accident. Cal. Gov. Code § 911.2 sets that six-month period for claims about death, injury to a person, or injury to personal property. Cities, counties, state agencies such as Caltrans, and public transit agencies are public entities. Vehicle damage claims against them follow the six-month rule too.

The six-month period in Section 911.2 applies to claims for death, injury to a person, or injury to personal property or growing crops; a claim relating to any other cause of action must be presented not later than one year after accrual. Section 911.2 also says that, for deciding whether a claim was timely, the date it was presented to the Department of General Services is one of the following: the date it was submitted with a twenty-five dollar ($25) filing fee; if a fee waiver is granted, the date it was submitted with the fee waiver affidavit; or if a fee waiver is denied, the date it was submitted with that affidavit, provided the filing fee is paid within 10 calendar days of the denial notice.

The suit deadline can be short as well. Cal. Gov. Code § 945.6 says that, except as provided in Sections 946.4 and 946.6 and subject to subdivision (b), if written notice is given under Section 913, the suit must be commenced within six months after that notice is personally delivered or deposited in the mail. If notice is not given under Section 913, the suit must be commenced within two years from accrual, which is the date the cause of action began.

Treat any crash involving a government vehicle, a public bus, or a government-maintained road as a case with an earlier date. Do not wait for a response from the agency before you track the date.

Reporting duties that come before any lawsuit

A driver in a crash with injury, death, or large property damage must file a report with the DMV within 10 days. Cal. Veh. Code § 16000 requires the report within 10 days. The driver may file it personally or through an insurance agent, broker, or legal representative. It goes on a form approved by the department. The rule applies when the accident causes bodily injury, death, or property damage over $1,000 to any one person. A report is not required if the motor vehicle involved in the accident was owned or leased by, or under the direction of, the United States, this state, another state, or a local agency.

The driver must also name, on the form, any person who was hurt and complained of injury. The form asks for that person’s name and current residence address, if available.

The DMV report is a separate duty. Keep a copy of whatever you file, and note the date you filed it.

Section 16000 also sets a one-year point. If none of the parties reports the accident within one year, the department does not have to file a report. In that case, the license suspension requirements in Sections 16004 and 16070 do not apply.

Exceptions that can extend or change the deadline

Some legal exceptions can pause the clock. The most common one involves age. Under Cal. Code Civ. Proc. § 352(a), if the injured person was a minor when the claim began, the time of that disability is not counted toward the deadline.

The same rule covers a person who lacked legal capacity to make decisions when the claim began. A parent or guardian should still check the dates early, rather than waiting for the exception to apply.

The rule has a limit. Under § 352(b), the disability rule does not apply to actions against a public entity or public employee when a government claim must be presented. A minor’s pause does not stretch the six-month government deadline.

Other exceptions and pauses may apply. How any of them works depends on the facts of the case and the law at the time. Do not treat an exception as a plan. Use the possibility of one as a reason to check the dates early.

Crashes in Bakersfield, Fresno, Visalia, and nearby communities

Crashes in Bakersfield, Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi follow the same California deadlines described on this page.

Readers in these areas can review local details on the Kern County car accident page, the Fresno car accident page, or the Visalia car accident page.

Keep the crash report, photos, medical records, repair estimates, and insurer letters in one folder. These papers show the accident date, the injuries, and the damage. Each deadline on this page depends on those dates.

Common misreadings of the car accident filing deadline

A common mistake is to think the clock starts when the insurer makes an offer or sends a check.

The DMV report under Vehicle Code § 16000 is a separate duty with its own 10-day rule.

The last mistake is to assume two years always applies. Two years is the general rule for most injury claims. Claims against public agencies can run on a six-month clock under § 911.2.

Talk with Colvin Accident Lawyers about the dates in your situation

You can talk with Colvin Accident Lawyers about the dates that apply to your crash. Many people reading this are dealing with a crash they did not choose. Maybe a family member is still recovering, or you are a parent looking up the deadline for a teen hurt in a collision. Maybe you are juggling medical bills and insurance calls while trying to understand which clock is running.

If that sounds familiar, reach out to Colvin Accident Lawyers. We can go over the accident date, the type of claim, and any public agency involved. The firm offers a free first consultation. It is confidential and comes with no obligation to continue.

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