The general two-year rule
Code of Civil Procedure §335.1 supplies the common baseline for injury or death caused by a wrongful act or neglect. The correct accrual date and exceptions depend on the facts.
Government claims can move much faster
Government Code §911.2 generally requires presentation of a claim relating to injury to a person or personal property within six months. Transit agencies, public vehicles, road conditions, and public employees can make early identification critical.
The DMV report is a separate duty
DMV says an SR-1 is generally required within 10 days when someone is injured or killed or property damage exceeds $1,000. A police or insurance report does not replace it.
Do not calculate a deadline from a summary alone
Minors, delayed discovery, incapacity, defendant absence, government procedures, and other circumstances can affect timing. Obtain case-specific legal advice promptly.
Insurance, evidence, and contract deadlines may be different
A lawsuit limitation period is not the only clock. Policies can require prompt notice or proof, evidence can disappear, video can be overwritten, and contractual or administrative procedures may have separate timing rules. Early review is safer than relying on the longest date you find online.
Create a deadline file
Record the crash date, every potentially responsible person or entity, insurance notices, government involvement, and any correspondence that states a date. Give the complete file to a lawyer and ask for written confirmation of the deadlines the office is monitoring.
Frequently asked questions
What is the California car accident statute of limitations?
Code of Civil Procedure section 335.1 generally provides two years for an action involving injury or death caused by another’s wrongful act or neglect. Accrual rules, defendants, government claims, minors, and other exceptions can change the analysis.
How long do I have to make a claim against a California public entity?
Government Code section 911.2 generally requires a claim relating to injury to a person or personal property to be presented within six months. The correct entity, procedure, exceptions, and later lawsuit deadline require prompt case-specific review.
Does filing an insurance claim protect the lawsuit deadline?
Do not assume it does. Negotiating with an insurer does not necessarily extend a statutory filing deadline. Ask a California lawyer to identify and protect every applicable date.
Primary sources
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