Your deadline to file in California: the statute of limitations
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The California statute of limitations gives you two years from the crash to sue for your injury, under Code of Civil Procedure 335.1. Damage to your car has a separate three-year limit under section 338.
The deadline
| What | Time limit | Law |
|---|---|---|
| Injury lawsuit | Two years | CCP 335.1 |
| Car or property damage lawsuit | Three years | CCP 338 |
| Claim against a city, county or state agency | Six months to file the claim | Gov. Code 911.2 |
Count two years from your crash date: that day is your last day to sue for injury in California.
Exceptions
A minor was hurt
The clock is paused while the injured person is under 18, under CCP 352.
A government car or road was involved
A written claim goes to the agency within six months, under Government Code 911.2, before you can sue.
California lets you recover even if you were partly at fault; your share is taken off. See the at-fault page.
Claim deadline versus lawsuit deadline
California insurers must accept or deny a claim within 40 days of getting proof, or explain in writing why they need more time. That is a claim-handling rule, not a deadline for you. Source: 10 CCR 2695.7.
Compare with the Florida deadline.
California statute of limitations questions
How long do you have to sue after a car accident in California?
Two years for an injury, from the day of the crash. Three years for damage to your car.
What if a city bus or road caused my crash in California?
A written claim goes to the agency within six months. You cannot sue until that claim is handled.
Does an insurance claim stop the California clock?
No. Talking with the insurer does not pause the lawsuit deadline. Only filing suit does.
What if my child was hurt?
The clock is paused until the child turns 18. Acting early still keeps the evidence fresh.
What to do now
Call about my deadline(833) 716-6705
We pick up 24/7, go over your crash free, and connect a car accident lawyer with no fee unless you win.
Before you sign a release or answer an adjuster, know how much time you have left. In California, you have two years from the crash to sue for injury. Call now with your crash date so a lawyer can check it free.