How Long Do You Have to File a Car Accident Claim in California?

Don’t Miss the Deadline to Get the Compensation You Deserve

If you’ve been hurt in a car crash, one of the first questions you might ask is: “How long do I have to file a claim?” In California, strict legal deadlines apply—and missing them could cost you your entire case.

This guide covers the statute of limitations for car accidents in California, including exceptions for government vehicles, and why acting quickly can make or break your personal injury claim.

Car Accident Claim Deadline in California

Under California law, the statute of limitations—or the legal time limit to sue—depends on what type of claim you’re filing:

• Personal injury from a car accident: 2 years from the date of the accident
• Property damage only (car repairs, totaled vehicle): 3 years from the date of the accident

If you miss these deadlines, your case will likely be dismissed, even if the other driver was clearly at fault.

What If the Crash Involved a Government Vehicle?

If you were hit by a city bus, police car, or public works vehicle, or injured due to poor road maintenance by Caltrans or a city agency, a shorter deadline applies.

Under the California Tort Claims Act, you must:

• File an administrative claim within 6 months of the crash
  
• If the claim is denied, you then have another 6 months to file a civil lawsuit
  

 This applies to accidents involving:

• Public transportation (e.g. Metro, school buses)
  
• Caltrans, city vehicles, fire departments, etc.
  
• Unsafe public roads, signage issues, or poor road design
  

Pro tip: Claims against the government are complicated. Always work with a personal injury attorney who knows how to navigate California’s government claim process.

Why You Shouldn’t Wait to File a Car Accident Lawsuit

Even if you technically have two years, delaying your claim can seriously hurt your case. Here’s why:

• Evidence disappears – traffic camera footage gets deleted, vehicles are repaired, and memories fade
  
• Insurance companies get more aggressive – they may claim your injuries aren’t serious or weren’t related to the crash
  
• Medical bills pile up – without a claim, you may be stuck paying out of pocket
  

The sooner you get legal help, the stronger your case will be.

What Happens if You Miss the Deadline?

Filing after the statute of limitations expires almost always means your case will be dismissed—and you lose your right to compensation.

Only in very limited circumstances might an extension apply, such as:

• The injured person was a minor at the time of the accident
  
• The victim was mentally incapacitated and unable to file
  
• The defendant left the state and couldn’t be served
  

However, these exceptions are rare. Don’t count on getting extra time.

Injured in a Crash? Don’t Wait. Call: (213) CALL-KEV® Today.

At Call Kev Law, we help injured drivers and passengers file claims on time, preserve critical evidence, and recover maximum compensation for medical expenses, lost wages, and pain and suffering.

We’ve represented clients in:

• Car and truck accidents
  
• Rear-end collisions
  
• Pedestrian injuries
  
• Uber, Lyft & rideshare crashes
  
• Government vehicle accidents
  

Free consultations
No fees unless we win
Available 24/7 — Call: (213) CALL-KEV®