Time Isn’t on Your Side After a Crash
A car accident can change your life in an instant — physically, emotionally, and financially. But once the dust settles, the clock starts ticking. And in California, that clock is your statute of limitations.
If you wait too long to file a claim or lawsuit, you could lose your right to compensation entirely, even if the other driver was clearly at fault.
So how long do you really have to act? This blog explains the deadlines, exceptions, and why it’s crucial to get legal help as early as possible.
What Is a Statute of Limitations?
The statute of limitations is a legal deadline for filing a lawsuit. If you don’t take legal action before the deadline passes, the court will likely dismiss your case — and you’ll be barred from recovering damages.
In personal injury law, time limits vary depending on the type of case, the parties involved, and whether any exceptions apply.
The Statute of Limitations for Car Accidents in California
Standard Rule: Two Years
In most cases, California law gives you two years from the date of the car accident to file a personal injury lawsuit.
California Code of Civil Procedure § 335.1
This includes claims for:
- Physical injuries
- Emotional distress
- Lost income
- Pain and suffering
- Medical expenses
For Property Damage: Three Years
If you’re only seeking compensation for vehicle or property damage (not bodily injury), the deadline is three years from the date of the crash.
California Code of Civil Procedure § 338
What Happens If You Miss the Deadline?
If you file after the statute of limitations expires:
- The defendant can ask the court to dismiss your case
- The court will almost certainly grant the dismissal
- You’ll lose your legal right to compensation — permanently
Even a strong case with solid evidence can be thrown out completely if it’s filed late. That’s why it’s critical to take action well before the deadline.
Exceptions That Can Shorten or Extend the Deadline
Some situations may change the normal statute of limitations, either by pausing (tolling) the clock or applying a shorter time frame:
1. Claims Against a Government Entity
If the accident involved a city bus, police vehicle, public works truck, or any other government agency, you must:
- File a government claim within 6 months of the incident
- If the claim is rejected, you have 6 months from the rejection date to file a lawsuit
2. Minors (Under Age 18)
If the injured person is a minor, the 2-year deadline typically starts on their 18th birthday, not the date of the accident.
This gives them time to file once they become a legal adult.
3. Delayed Discovery of Injury
In rare cases, if you didn’t know about your injury right away (e.g., internal trauma), the clock may start when you reasonably discovered the injury.
Why Filing Early Is Always a Smart Move
Even if you technically have time, waiting to file can hurt your case:
- Evidence may disappear (witnesses forget, vehicles are repaired, camera footage is lost)
- Insurance companies may delay or deny your claim
- You risk missing exceptions that shorten your window to file
The sooner you speak with a car accident attorney, the more likely you are to protect your rights and maximize your compensation.
What If You’re Still Dealing with Insurance?
It’s common to assume that if you’re in talks with the insurance company, you don’t need to worry about deadlines. That’s a dangerous assumption.
Insurance negotiations don’t stop the statute of limitations.
Only filing a formal lawsuit preserves your legal rights.
Don’t Wait — Call Shaumyan & Derbarseghian, LLP Today
If you’ve been injured in a car accident, the clock is already ticking. Don’t risk losing your right to fair compensation. At Shaumyan & Derbarseghian, LLP, we represent victims of serious car accidents across California — and we don’t get paid unless you win.
We’ll handle everything from investigating the crash to negotiating with insurers and filing your lawsuit before time runs out.
