California Car Accident Statute of Limitations

In most personal injury cases, you have two years from the date of the injury to file a lawsuit. Some cases have shorter deadlines, while certain exceptions may change the time limit. After a car accident, you may be focused on getting medical care, fixing your car, and returning to your daily life.

A lawsuit may be the last thing on your mind. However, California law sets deadlines for taking legal action after a crash. These deadlines help preserve evidence and give both sides a fair chance to review what happened.

Sweet James has helped injury victims for over 25 years through its attorneys’ combined experience. If you have any questions about your car accident claim, reach out to our firm for a free consultation with a California car accident lawyer.

The General Rule for Statute of Limitations: Two Years From the Date of the Accident

Under California Code of Civil Procedure Section 335.1, you generally have two years from the date of the injury to file a personal injury lawsuit after a car accident.

In most car accident cases, the clock starts on the date of the crash. However, the legal start date can depend on the facts and the type of claim. Property damage claims have a different deadline. You generally have three years from the date the damage happened to sue for damage to your car or other personal property.

If a crash caused both injuries and property damage, different deadlines may apply to each part of your claim. You should not assume that the longer property damage deadline also applies to your injury claim. Sweet James can help you understand which deadlines may apply to your accident.

Deadlines Against the Government Can Be Shorter

If your accident involved a government agency, you may have much less time to act. In many cases involving personal injury or property damage claims against a California public agency, you must file a formal government claim within six months of the injury or damage.

This rule may apply to accidents involving a city bus, a government-owned vehicle, or a dangerous road that a public agency was responsible for maintaining. The exact rules depend on the agency and the facts of the case. Missing the first deadline can make it much harder to pursue a claim.

Sweet James can help you understand whether a government agency may be involved and which deadlines you need to check. If a public vehicle, road, or other government property played a part in your crash, it is important to get advice as soon as possible.

Exceptions That Can Pause or Extend the Clock

Some situations may change when the statute of limitations begins or how much time you have to file. These rules are often called exceptions or tolling rules. They depend on the facts, so you should not assume that an exception applies to your case. Here are a few examples:

• The injured person is a minor: Special rules may pause the deadline while an injured person is under 18. However, the rules can vary based on the type of claim and other facts. A parent or legal guardian may also need to take action on the child’s behalf before the child turns 18.
• The injury is discovered later: Under the delayed discovery rule, the deadline may begin when a person discovers, or reasonably should have discovered, the injury and its connection to possible wrongdoing. This rule does not apply automatically just because an injury becomes worse over time.
• The defendant leaves California: In some cases, the time a defendant spends outside the state may not count toward the deadline. The rule has limits, and it does not apply to every situation.

Sweet James can review the details of your accident to help you understand whether a special rule may affect your filing deadline. Because these exceptions are narrow and fact-specific, it is best to check your options before assuming you have extra time.

What To Do After a Car Accident Before Time Runs Out

If you were hurt in a car accident, taking a few steps early may help protect your claim and keep important information in one place.

• Save evidence: Keep photos of the crash scene, vehicle damage, and visible injuries. Save witness names and contact details when available.
• Keep medical records: Save bills, treatment records, prescriptions, and notes about how your injuries affect your daily life.
• Keep accident reports: Hold on to any police report, DMV report, insurance paperwork, and messages about the crash.
• Track important dates: Write down the date of the accident and any deadlines you have been given. Remember that a government claim may have a much shorter deadline.
• Get legal advice early: An attorney can review the facts, explain possible deadlines, and help you understand what steps may be needed to protect your rights.

Sweet James can review your situation and explain the options that may be available. Our team can also help you understand how settlement talks and other steps may affect your plans to file a lawsuit.

Get Help With California Car Accident Filing Deadlines

After a crash, you may already have enough to worry about without trying to work out legal deadlines on your own. Knowing which time limit applies can help you make informed choices and avoid losing the chance to bring a claim.

Sweet James has recovered more than $1 billion for clients. Our team can review your situation, explain the deadlines that may apply, and help you understand your next steps.

Contact our team today for a free consultation. Getting clear information early can help you understand your options without adding more uncertainty to an already difficult time.