How Long Do I Have to Sue After a Car Accident in California?

Short answer: In California, you generally have two years from the date of the crash to file a personal injury lawsuit, under California Code of Civil Procedure (CCP) § 335.1. If a government vehicle or agency was involved, a much shorter six-month deadline applies first. Miss either deadline and you will almost certainly lose your right to sue, no matter how strong your case is.

California's two-year rule covers the full range of auto accident cases, including collisions involving private drivers, rideshare vehicles, and commercial trucks. The clock starts on the date of the crash in most situations, so the deadline is calendar-specific to your accident date.

What is the main filing deadline for car accident injuries in California?

CCP § 335.1 sets the standard deadline. Here is a quick reference for the most common claim types:

Type of Claim	Deadline	Governing Law
Personal injury (private driver)	2 years from date of crash	CCP § 335.1
Vehicle or property damage	3 years from date of crash	CCP § 338
Wrongful death	2 years from date of death	CCP § 335.1
Claim against a government entity	6 months (administrative claim)	Gov. Code § 911.2

What happens if a government vehicle caused the accident?

If the at-fault driver was operating a city bus, a county maintenance truck, a Caltrans vehicle, a school district vehicle, or any other government-owned or operated vehicle, the standard two-year deadline does not apply on its own. Under California Government Code § 911.2, you must first file a formal written administrative claim directly with the responsible public entity within six months of the accident date. Only after that claim is rejected (or left unanswered) can you file a lawsuit, and you then have six more months from the date of rejection to do so under Government Code § 945.6. Missing the six-month claim window typically ends the case against the government defendant permanently.

What deadlines apply if the injured person is a minor?

When the injured person was under 18 at the time of the crash, CCP § 352 generally pauses (tolls) the two-year clock until their 18th birthday, giving them until their 20th birthday to file a lawsuit against a private defendant. There is a critical exception, however:

• Minority tolling does not extend the six-month government administrative claim deadline.
• A parent or guardian must still file a government claim within six months on the minor's behalf.
• Missing that six-month window typically eliminates the claim against the government entity even though the lawsuit deadline is otherwise paused.

Can any other circumstances pause or extend the deadline?

California law recognizes a narrow set of situations that can toll the two-year period:

• Discovery rule: If an injury was not and could not reasonably have been discovered at the time of the crash (most common in latent injury cases), the clock may start from the date of discovery rather than the accident date. This rarely applies to typical car accident injuries that are apparent at the scene.
• Mental incapacity: Under CCP § 352, the deadline may be paused if the injured person was legally incapacitated (for example, in a coma or with a severe traumatic brain injury) at the time the claim arose, until they regain capacity.
• Defendant leaves California: Under CCP § 351, time spent by the defendant outside California after the accident may not count against the two-year period.

What should I do right after a crash to protect my claim?

Taking the right steps early preserves evidence and keeps all deadlines open. If the accident involved a commercial trucking company or a government vehicle, identifying that fact quickly is especially important because shorter deadlines may apply.

1. Seek medical attention immediately, even for injuries that feel minor.
2. Report the crash to the California DMV on form SR-1 if it involved injury, death, or property damage over the reporting threshold.
3. Gather the other driver's insurance and vehicle information at the scene.
4. Identify the owner of any vehicle involved: private individual, company, or government agency.
5. Preserve photos, witness contact information, and all medical records from the start.
6. Contact an attorney well before the two-year mark, and immediately if a government vehicle may be involved.

What happens if I miss the filing deadline?

If a personal injury lawsuit is filed after the statute of limitations has expired, the defendant will almost certainly ask the court to dismiss it. Courts grant these dismissals routinely, regardless of how serious the injuries are or how clear the other driver's fault may be. Once the deadline passes, the right to sue is gone in nearly every case. Tolling exceptions are narrow and must meet specific legal requirements, so they cannot be assumed to apply without a careful review of the facts.

Frequently asked questions

Does the two-year deadline apply to my insurance claim too?

No. California's two-year statute of limitations applies to lawsuits filed in court, not to insurance claims. Your auto policy or the other driver's liability policy may have its own notice and claim deadlines, which are separate and often shorter. Review your policy promptly after any crash.

What if I did not realize I was injured until weeks after the crash?

California's discovery rule can delay when the clock starts if an injury was truly hidden and could not reasonably have been found at the time of the accident. For most car accident injuries that become apparent shortly after the crash, the clock generally starts on the accident date, not the date symptoms appeared.

Can I still sue if the other driver left California after the accident?

Possibly. Under CCP § 351, time the defendant spends outside California after the accident may not count toward your two-year window. This tolling is fact-specific and does not apply in every situation, so the remaining time available depends on the particular circumstances.

Does a wrongful death claim have the same two-year deadline?

Wrongful death claims in California also carry a two-year deadline under CCP § 335.1, but the clock starts from the date of death, not the date of the crash. If the person survived the accident and died later from the injuries, the deadline runs from the death date.

Do I need a lawyer to file a car accident lawsuit in California?

California does not require an attorney to file a civil lawsuit, but car accident claims involve multiple overlapping deadlines, insurance negotiations, and evidence rules. An attorney can identify which deadlines apply, make sure no filing window is missed, and handle communication with insurers and opposing counsel throughout the process.

Talk to a personal injury lawyer

Filing deadlines in California car accident cases are strict, and the rules change significantly when a government entity, a minor, or a delayed injury is involved. If you or a family member was hurt in a crash, speaking with a licensed attorney as soon as possible gives you the best chance of preserving every avenue of recovery before any deadline runs.