You were in a car accident last month, and your back has been aching ever since. Maybe you thought it would heal on its own — but now you’re wondering if you still have time to file an injury claim. The short answer is: it depends on who you’re suing and how much time has passed. Here’s what California law actually says.
California’s Statute of Limitations for Injury Claims After an Accident
In California, you generally have two years from the date of the accident to file a personal injury lawsuit. This deadline is set by California Code of Civil Procedure §335.1, and missing it almost always means losing your right to sue — no exceptions, no extensions.
Special Deadlines You Need to Know
- Claims against a government agency (city, county, state): You must file a government tort claim within 6 months of the accident — not two years
- Minor victims (under 18): The clock doesn’t start until they turn 18, giving them until age 20 to file
- Discovery rule: If injury symptoms appeared later, the clock may start when you discovered (or reasonably should have discovered) the injury
- Cases involving fraud or mental incapacity: Courts may toll (pause) the deadline
What About Insurance Claims?
Don’t confuse filing a lawsuit with filing an insurance claim. Most auto insurers in California require you to report an accident within a few days to a week. Waiting too long to report can give the insurer grounds to deny your claim — even if the legal deadline hasn’t passed yet.
A practical example: Maria was rear-ended in Los Angeles and felt fine initially. Three weeks later, she started experiencing neck pain. Because the injury wasn’t immediately obvious, California’s discovery rule allowed her to file a claim based on when she reasonably connected her pain to the accident — not just the crash date itself.
| Claim Type | Deadline |
| Personal injury (private party) | 2 years from accident |
| Government entity claim | 6 months to file tort claim |
| Property damage only | 3 years |
| Wrongful death | 2 years from date of death |
Pro Tips: Don’t Wait to Seek Medical Attention
- See a doctor within 72 hours — it creates a medical record directly linking your injuries to the accident
- Keep all receipts, prescriptions, and treatment records
- Don’t post about the accident or your injuries on social media
- Consult a personal injury attorney before speaking with the other driver’s insurance company
Common Mistakes to Avoid
- Assuming your insurance deadline is the same as the legal deadline
- Settling too quickly before the full extent of injuries is known
- Failing to document injuries with medical visits
- Waiting until the last minute — attorneys need time to prepare your case
FAQs
Can I still file if the two-year deadline has passed?
Rarely. Courts may make exceptions for fraud, mental incapacity, or if you were a minor. But once the statute of limitations runs out, most claims are permanently barred.
What if my injury showed up weeks after the accident?
California’s discovery rule may apply, starting your clock from when you knew or should have known the injury was connected to the accident. An attorney can evaluate whether this applies to your case.
Do I need a lawyer to file an injury claim in California?
You don’t legally need one, but studies consistently show that represented claimants receive significantly higher settlements than those who go it alone.
If you were injured in a California accident, don’t wait to understand your options. Consult a personal injury attorney to protect your right to compensation before any deadline slips by.
Internal links: How to File a Personal Injury Claim in California | What Is the Discovery Rule in California | California Car Accident Settlements Guide
External references: California Code of Civil Procedure §335.1 | California Courts — Civil Self-Help
