How long do I have to sue after a car accident in California?

You have 2 years from the date of the accident to file a personal injury lawsuit in California under CCP §335.1. For property damage only, you have 3 years. If a government vehicle was involved (city bus, police car, USPS truck), you must file a government tort claim within 6 months of the accident date.

What happens if I miss the statute of limitations in California?

If you miss the 2-year deadline, your case is almost certainly barred forever — the court will dismiss it and you lose your right to compensation regardless of how strong your case was. This is why contacting an attorney immediately after any accident is critical.

California Law · Updated 2026

California Statute of Limitations for Car Accidents

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Written by Mark A. Gonzales, Esq. — CA Bar #249340 · University of La Verne College of Law · 13+ years personal injury experience · Verify license →

Quick Answer: You have 2 years from the date of the accident to file a personal injury lawsuit in California (CCP §335.1). For government vehicles (city bus, police car), you must file a government tort claim within 6 months. Miss these deadlines and you permanently lose your right to compensation — no exceptions.

The 2-Year Rule — What It Means

California Code of Civil Procedure Section 335.1 gives personal injury victims exactly two years from the date of the accident to file a lawsuit. This means that if you were injured in a car accident on May 25, 2025, you must file your lawsuit by May 25, 2027 — or lose your right to sue forever.

The statute of limitations is not a suggestion — it is a hard legal deadline enforced strictly by California courts. If your attorney files one day late, the defendant's first motion will be to dismiss your case. The court will almost always grant it, and you will walk away with nothing regardless of how clear the other driver's fault was.

Deadlines by Case Type

Personal Injury — 2 Years

Bodily injuries, pain and suffering, medical bills, lost wages. CCP §335.1.

Property Damage — 3 Years

Vehicle repair or replacement, personal property damaged in the crash. CCP §338.

Government Entity — 6 Months

Must file a government tort claim within 6 months if any government vehicle, employee, or road defect was involved. California Government Code §911.2.

Wrongful Death — 2 Years

From the date of death (not the accident date). CCP §335.1.

18+

Minors — Tolled Until Age 18

The statute of limitations does not begin to run until the injured minor turns 18.

Critical Exceptions to the 2-Year Rule

While the 2-year rule is strict, California law recognizes limited exceptions that can pause — or "toll" — the deadline:

Discovery Rule

If your injuries were not immediately apparent (common with soft tissue injuries, TBIs, and internal damage), the statute of limitations may not begin until you discovered — or reasonably should have discovered — the injury. This is fact-specific and requires an attorney to evaluate.

Defendant Left California

Time the defendant spends outside California after the accident may toll (pause) the statute, adding that time back to your deadline.

Minority (Under 18)

If the injured party is a minor, the 2-year clock does not start until their 18th birthday. A parent may file on the child's behalf at any time before then.

Legal Incapacity

If the injured party is legally incompetent at the time of the accident, the statute may be tolled until competency is restored.

Why You Shouldn't Wait — Even If You Have Time

Having two years does not mean you should wait two years. Evidence disappears fast. Surveillance footage is overwritten in 30–90 days. Skid marks fade within weeks. Witnesses move and forget. Commercial truck black box (ECM) data is often overwritten within 30 days of the crash.

Insurance companies begin building their defense immediately after an accident. The longer you wait, the weaker your case becomes. Most experienced attorneys will tell you: the best time to call is the day of the accident, and the second-best time is right now.

Frequently Asked Questions

Does the statute of limitations apply to insurance claims?

The 2-year statute applies to lawsuits, not insurance claims. However, your insurance policy likely requires you to report the accident "promptly" — typically within 30 to 90 days. Delaying an insurance claim can result in denial. File your claim and contact an attorney immediately.

I was hit by an uninsured driver. Does the same deadline apply?

Yes — the 2-year personal injury statute applies to uninsured motorist (UM) claims as well. Your own UM policy likely has its own reporting window too. Contact an attorney immediately.

What if I wasn't sure I was injured at first?

This is where the discovery rule may apply. If symptoms appeared days or weeks after the accident, your deadline may run from when you first knew (or should have known) you were injured. An attorney can evaluate your specific dates.

Can the statute of limitations be extended by negotiating with insurance?

No. Insurance negotiations do not toll the statute of limitations. Many people make the mistake of assuming an active claim or ongoing negotiations suspend the deadline. They do not. Even if you are in active settlement talks, you must file the lawsuit before the deadline or lose your right forever.

Don't Let the Clock Run Out

Attorney Mark Gonzales offers free 24/7 consultations. If you're unsure about your deadline — call now. We'll review your case and tell you exactly where you stand.

Call 909-587-6336 Free