The statute of limitations is the legal deadline for filing your car accident lawsuit. In California, miss it by even one day and your case is permanently barred — no matter how serious your injuries or how clear the other driver's fault. Here's everything you need to know.
California's General Rule: 2 Years
Under California Code of Civil Procedure § 335.1, you have two years from the date of injury to file a personal injury lawsuit arising from a car accident. This applies to claims against private individuals and most private entities.
Important Exceptions That Change the Deadline
Government Entity Defendant (6-Month Claim Deadline)
If your accident was caused by a government vehicle, a defective government-maintained road, or a government employee acting within the scope of their duties, you must first file an administrative claim with the government entity within 6 months of the incident (Government Code § 911.2). If the claim is rejected (or 45 days pass without response), you then have 6 months to file your lawsuit. Missing the government claim deadline ends your case.
Government entity defendants include: Caltrans (state highways), county road departments, city public works, school districts, transit agencies (SBCTA, Metrolink, etc.), and government-owned vehicles. If any government entity may be involved in your accident, contact an attorney immediately — the 6-month window is unforgiving.
Minor Victims
If the injured person was under 18 at the time of the accident, the two-year statute of limitations does not begin to run until their 18th birthday. So a child injured at age 10 generally has until age 20 to file. However, claims against government entities retain the 6-month claim requirement even for minors.
Discovery Rule
In some cases, an injury is not immediately apparent. The statute may begin running from the date you discovered (or reasonably should have discovered) the injury, rather than from the accident date. This most often applies to delayed-onset conditions like traumatic brain injury or internal organ damage.
Defendant Absence from California
If the at-fault driver leaves California after the accident, the time they are absent from the state may be "tolled" (paused) under CCP § 351.
Why You Shouldn't Wait — Even If You Have Time
Even if you technically have two years, waiting hurts your case:
- Witnesses' memories fade
- Surveillance footage is overwritten
- Accident reconstruction evidence deteriorates
- The at-fault party's assets may change
- Medical records from the acute period become harder to gather
File your lawsuit — or at minimum retain an attorney — within the first 90 days of the accident while evidence is fresh and options remain open.
Filing vs. Serving: What the Deadline Requires
The statute of limitations is satisfied by filing your complaint with the court before the deadline, not by serving the defendant. Once filed, you have time to serve the defendant. But again — don't push it to the last day.
Attorney Mark Gonzales tracks every deadline for every client. Free consultation 24/7 — no fee unless we win.
📞 Call 909-587-6336