California's Statute of Limitations for Accident Claims

In California, the clock starts ticking the moment you are injured. Missing the deadline to file a claim can permanently end your ability to seek compensation. Here is what every accident victim needs to know.

The Standard Two-Year Deadline

California Code of Civil Procedure section 335.1 gives you two years from the date of the injury to file a personal injury lawsuit. This applies to most accident types including car accidents, slip and falls, and pedestrian knockdowns. Missing this deadline almost always means losing your right to sue, regardless of how strong your case is.

Exceptions That Can Shorten the Deadline

• Government entities: If the accident involved a government vehicle, a pothole on a public road, or a public transit vehicle, you must file a government tort claim within 6 months of the injury. A lawsuit can then be filed within 6 months after the claim is rejected.
• Workers' compensation: You must report a workplace injury within 30 days. The deadline to file a formal claim is one year — see workplace injury rights.
• Wrongful death: Families have two years from the date of death, not the date of the accident.

Exceptions That Can Extend the Deadline

• Discovery rule: If your injury was not immediately apparent, the two-year clock may start from the date you discovered (or reasonably should have discovered) the injury.
• Minors: If the injured person was under 18 at the time of the accident, the clock typically does not start until their 18th birthday, giving them until age 20 to file.
• Mental incapacity: If the injured person is legally mentally incapacitated, the clock may be tolled (paused) during the period of incapacity.
• Defendant outside California: Time spent by the defendant outside California may not count toward the limitations period.

Statute of Limitations vs. Insurance Deadlines

The statute of limitations governs when you can file a lawsuit. Insurance companies, however, have their own deadlines for reporting claims. Most auto insurance policies require you to report an accident "promptly" or "within a reasonable time." Waiting too long to report can give the insurer grounds to deny your claim even before the legal deadline expires.

What to Do If the Deadline Is Approaching

If you are nearing the two-year mark, contact a personal injury attorney immediately. Even if you do not want to pursue a lawsuit, filing a claim preserves your rights while you continue negotiating — see how to file a car accident claim. NoLawyerHelp can connect you with free legal referral services if you need guidance on whether your deadline is approaching.