A car crash can leave you rattled for days or months. While you’re juggling doctor visits, car repairs, and a work schedule that suddenly doesn’t fit your life, there is a quiet clock running in the background. That’s California’s car accident statute of limitations, your legal deadline for taking action against the person who harmed you.
Below, our team explains the key deadlines for injury, wrongful death, and property damage cases, as well as the exceptions that may extend or shorten your time.
What Is the California Car Accident Statute of Limitations?
The statute of limitations for car accidents in California is the legal deadline for filing a lawsuit after a crash. In most injury cases, that deadline is two years from the date of the accident.
If you miss this statutory limit, the court can dismiss your case, even if the other driver was clearly at fault. It is not just a suggestion. Once the window passes, you typically cannot proceed with your case.
Why Does California Set a Filing Deadline at All?
California sets these limits because lawsuits become harder to prove as time passes. Evidence can be lost, memories may change, and records might go missing. The rule helps make sure cases are handled while the facts are still clear.
This can seem unfair when you are still recovering. However, knowing the timeframe at the outset gives you a better chance to protect your claim.
How Long After a Car Accident Can You Sue for Injuries?
You generally have two years to file a personal injury lawsuit. This includes injuries such as broken bones, whiplash, concussions, and other harm from the crash. For example, if your accident happened on March 1, 2025, your last day to file would usually be March 1, 2027.
What If You Are Still Treating at the Two-Year Mark?
You don’t have to be fully healed to file a lawsuit. You can initiate your case while still undergoing treatment, and your claim can encompass future medical care.
How Long After a Wreck Can You File a Claim for Property Damage?
For vehicle damage or other property loss, California gives you three years from the crash date to file a property damage lawsuit.
You might have more time to file a car repair claim than an injury claim from the same accident. If both apply, the two-year deadline for injuries is usually the most important.
What Is the Statute of Limitations for Wrongful Death After a Crash?
When a loved one dies from crash injuries, the wrongful death filing deadline is two years from the date of death. If the person survived for a time after the collision, the clock starts at the time of death, not the date of the crash.
When Can the Timeframe Be Longer Than Two Years?
Certain situations can cause a pause or delay in the statute of limitations for auto accidents, including:
- Minors. If the injured person is under 18, the statute is typically paused, or tolled, until their 18th birthday. Meaning the countdown usually starts when they become an adult.
- Discovery of injury later. In rare situations, someone may not immediately realize that an injury resulted from the crash. In these cases, the deadline may be extended if the connection between the injury and the accident could not reasonably have been known earlier.
- Defendant is out of state or hard to serve. If the at-fault party cannot be found or served, the filing period may be paused, but this depends on the specific facts and is not guaranteed to apply.
Even if an extension might be applicable, the best approach is to confirm your exact deadline as soon as possible and to always err on the side of caution.
When Is the Statute of Limitations Shorter Than Two Years?
There are two primary situations where the statute of limitations for a motor vehicle accident is shorter.
When a Governmental Entity Is a Defendant
If a city, county, or state agency may be responsible, say a bus hit you, a sheriff’s car caused the crash, or a dangerous road design played a role, you must first file a government claim within six months of the incident.
If you do not file this claim on time, you may lose the right to sue the public agency later, even if the regular two-year injury deadline has not passed.
When Filing Certain “Statutory” Claims
Sometimes a crash triggers a different legal track with its own timeline. If the accident occurred while you were working, a workers’ compensation claim may be applicable, and that system has different notice and filing requirements. Other situations, like certain uninsured motorist disputes, can also have policy-based deadlines that are shorter than the typical lawsuit timeline.
What If You Miss the Statute of Limitations?
If you miss the filing window, the defense can request that the court dismiss your case immediately. Judges usually grant that request unless a clear tolling exception applies.
Insurance companies are aware of these timelines. If your filing period is almost up, they might delay negotiations, hoping you miss the deadline. A case that could have led to compensation can be lost if the end date passes.
How Can a Lawyer Help You Beat the Clock?
Deadlines may seem simple on paper, but real-life cases are often messy. A lawyer helps by:
- Confirming the correct deadline based on your facts (injury vs. property vs. wrongful death);
- Identifying tolling issues, like minor injury or delayed discovery;
- Handling government claim notice rules when public entities are involved; and
- Filing suit on time if negotiations are dragging.
This is especially valuable in California, where filing periods can overlap in a single crash.
Don’t Let a Deadline Decide Your Case
At the Law Offices of Steers & Associates, we have over 40 years of combined experience handling California injury claims, serving thousands of clients, and recovering millions of dollars. We understand how quickly evidence can disappear and how often insurers delay when time is tight. Our firm keeps cases moving with direct attorney involvement and responsive communication, so your claim does not get lost in a high-volume system.
If you are unsure how much time you have, treat that uncertainty like a warning light. You don’t have to file tomorrow, but you should know the date that matters. Schedule a confidential consultation to verify your timeline, help preserve key evidence, and protect your leverage, while you focus on recovery.
Resources:
- California Courts Self-Help Guide. Deadlines to Sue Someone, link
- California Department of Insurance. Automobile Insurance Text Version, link
