24 September, 2025
If you’ve been injured in a car accident in California, you typically have two years from the date of the crash to file a personal injury lawsuit. However, taking action as soon as possible is crucial to avoid missing the car accident claim deadline and losing your chance at recovering damages.
The aftermath of a crash can be frightening and stressful. The experienced California car accident lawyers at The Barnes Firm can take the guesswork and uncertainty out of the legal process, handling every aspect of your claim while you focus on healing. We’re ready to help you get the compensation you deserve for your injuries. Contact us online or call (800) 800-0000 today for a free consultation.
The California statute of limitations is a deadline for how long you have to sue the other party after an accident. For personal injury cases like car accidents, you have two years to file a lawsuit in California, starting from the date you were injured.
For wrongful death claims, you also have two years to file suit, but the statute of limitations begins on the date the victim died instead of the accident date.
If you have been injured in an accident, tell your insurance company and contact an attorney as soon as possible. Waiting too long could leave you unable to file a lawsuit within the California statute of limitations, compromising your chances of recovering compensation.
There are some exceptions to California’s two-year statute of limitations for car accident cases. For instance, there is a six-month deadline for filing a claim against a government entity and a three-year deadline for lawsuits over property damage.
In addition, if a car accident victim is under 18 or lacks the mental capacity to sue, the statute of limitations can be “tolled,” or paused, until they are an adult or no longer disabled. Afterward, they will have the standard two years to file a lawsuit.
In some cases, an accident victim doesn’t immediately realize they’ve suffered an injury.
Under California’s discovery rule, the limitation period does not begin to run until the victim knew or reasonably should have known about their injuries, rather than the accident date. However, it’s important not to rely on the discovery rule to file a timely lawsuit.
If you’ve been involved in an auto accident in California, the first thing you must do is exchange insurance and contact information. You must also notify the California DMV within 10 days of your accident if anyone was killed or injured, or the accident resulted in more than $1,000 in property damage.
Even if you are partly to blame, you can still recover damages thanks to California’s pure comparative negligence law.
Speak with an experienced California car accident lawyer as soon as you can after an accident. Your lawyer will contact the at-fault party’s insurance company and begin settlement negotiations. If the parties can’t reach an agreement, you file a lawsuit and litigate your claims.
Having handled more than 150,000 injury cases, we understand the applicable deadlines and can ensure you meet them. We proactively approach each case and get to work quickly, immediately assessing the statute of limitations and determining the best plan of action.
To ensure your rights are protected throughout the legal process, you need a legal team that knows what it’s doing. Our knowledgeable personal injury lawyers have more than 500 years of combined experience. We’re committed to helping you get the best results possible while helping you feel at ease every step of the way, giving you the personalized service and attention you deserve.
If you are uninsured but are not the at-fault party in a car accident, you can still pursue a claim against the other driver. Our experienced car accident lawyers can help you understand your legal options.
California has a “discovery rule,” under which the time for filing a lawsuit provided by the statute of limitations does not begin to run until you learn or reasonably should have learned about your injuries. However, it’s important to always seek immediate medical attention and legal help after a car accident to ensure you don’t have to rely on an exception to get compensation.
You can only miss your deadline under the statute of limitations if you wait at least two years after your accident to file a lawsuit, or six months if a government entity was responsible. While there are some exceptions, taking legal action as soon as possible is the only way to ensure you’ll file a claim on time.
If you have questions about the California statute of limitations or need help with your car accident injury claim, the experienced lawyers at The Barnes Firm are ready around the clock to take your call. If you can’t come to our offices, we can meet you at your home, office, or the hospital, wherever is most convenient.
When you work with The Barnes Firm, you get a relentless advocate for your rights—and there’s no fee unless you get paid. Contact us online or call (800) 800-0000 today for a free consultation.
Written by The Barnes Firm, reviewed by Richard Barnes
Rich Barnes
President
Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”
Years of Experience: 30+ years
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney president Rich Barnes who has more than 30+ years of legal experience as a practicing personal injury trial attorney.
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