California's Statute of Limitations for Car Accidents — Don't Miss It

Missing the statute of limitations deadline is one of the most catastrophic mistakes an accident victim can make — and it cannot be undone. Once the deadline passes, you permanently lose your right to sue, regardless of how strong your case is. Here's everything you need to know about California's deadlines.

The General Rule: 2 Years

Under California Code of Civil Procedure § 335.1, you have two years from the date of the accident to file a personal injury lawsuit against the at-fault driver. This deadline applies to most car accident cases involving private individuals and private companies.

The Property Damage Deadline: 3 Years

For damage to your vehicle and personal property only, the deadline is longer — 3 years under California Code of Civil Procedure § 338. However, this is separate from your personal injury claim, so don't confuse the two.

Wrongful Death: 2 Years From Date of Death

If a family member died as a result of a car accident, the 2-year clock runs from the date of death — not the date of the accident. If your loved one survived for weeks or months after the crash, this distinction matters.

Government Vehicles: 6-Month Claim Deadline

This is where many victims get blindsided. If your accident involved a government-owned vehicle — a city bus, a county sheriff's car, a school district van, a CalTrans truck — entirely different rules apply under the California Government Claims Act (Government Code § 911.2).

You must file a government tort claim within 6 months of the accident. This is a mandatory prerequisite to filing a lawsuit. If you miss it, you almost certainly lose your right to sue the government entity — forever.

Minors and the Discovery Rule

California law provides special protections in certain situations:

• Minors (under 18): The statute of limitations is tolled (paused) until the minor turns 18, at which point the standard 2-year clock begins. However, claims against government entities still require a parent/guardian to file within 6 months.
• Discovery rule: In rare cases where an injury is not immediately apparent (e.g., latent injuries), the 2-year clock may start from the date you discovered — or reasonably should have discovered — the injury.
• Mental incapacity: The clock may be tolled while a victim is mentally incapacitated due to the accident.

Why You Shouldn't Wait Until the Deadline

Even if you technically have 2 years, waiting causes serious problems:

• Witness memories fade
• Surveillance footage is overwritten (typically within 30–90 days)
• Skid marks, vehicle damage, and accident scenes change
• Truck and commercial vehicle "black box" data may be lost
• Insurance companies have more leverage when you're desperate near a deadline

When to Call an Attorney

The best time to call an attorney is immediately after your accident — or as soon as you're medically stable. At Gonzales Law Offices, we investigate claims immediately, preserve evidence, and handle all communications with insurance companies. There is no upfront cost and no fee unless we win.