What is the statute of limitations for a car accident lawsuit in California?

What the Law Says

California law sets strict time limits — called statutes of limitations — for filing lawsuits after a car accident. The deadline depends on the type of claim and who is being sued.

For personal injury claims (e.g., pain, medical bills, lost wages), the general deadline is 2 years from the date of the accident. This is set by California Code of Civil Procedure section 335.1.

For property damage claims (e.g., vehicle repair or replacement), the deadline is 3 years under California Code of Civil Procedure section 338(b).

If your claim involves a government entity — like a city-owned vehicle or poorly maintained public road — you must first file a government claim within 6 months under Government Code section 911.2. Only after that claim is rejected (or deemed rejected after 45 days) can you file a lawsuit — and even then, you must sue within 6 months of the rejection.

The clock may be 'tolled' (paused) in limited situations — for example, if the injured person is under 18 at the time of the accident, the 2-year period does not begin until they turn 18. Also, in rare cases where the injury wasn’t reasonably discoverable right away (e.g., delayed-onset brain injury), the 'discovery rule' may extend the deadline — but courts apply this narrowly.

Statutory Text

Within two years: An action for assault, battery, or injury to or for the death of a person caused by the wrongful act or neglect of another.

— Code of Civil Procedure, s. 335.1 — Actions subject to two-year limitation

Statutory Text

Within three years: An action for trespass upon or injury to real or personal property.

— Code of Civil Procedure, s. 338(b) — Trespass or injury to property

What to Do

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