California Car Accident Statute of Limitations (CCP 335.1)
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Under California CCP 335.1, you have two years from the date of a car accident to file a personal injury lawsuit. Miss that deadline, and a judge will dismiss your case permanently, regardless of how clear the other driver’s fault was or how serious your injuries are.
That two year rule sounds straightforward, but the details matter. Crashes involving government vehicles, injuries to minors, and wrongful death claims all follow different timelines. Insurance negotiations do not pause the clock, and many injured drivers lose their right to sue simply because they did not know that.
The most dangerous part of the deadline is that it runs silently in the background while you are focused on treatment, recovery, and insurance negotiations. Adjusters sometimes deliberately extend those negotiations past the two-year mark, knowing that if you miss the filing window, your claim becomes worthless.
In this guide covering California law, you will discover exactly how CCP 335.1 works, which exceptions apply, and what to do if your deadline is approaching in a Northern California car accident case.
What Is CCP 335.1?
California Code of Civil Procedure section 335.1 is the state law that sets the deadline for filing a personal injury lawsuit after a car accident. The law states: “Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
In plain terms, this means you have two years from the date of your accident to file a lawsuit against the person who hurt you. If you miss that window, a judge will permanently dismiss your case, no matter how strong your evidence is.
How Long Do You Have to File After a California Car Accident?
The standard deadline for personal injury claims is two years from the exact date of the crash. If your accident occurred on March 1, 2024, your deadline to file a lawsuit is March 1, 2026.
Different types of claims carry different deadlines:
- Personal injury from a car accident: 2 years under CCP 335.1
- Wrongful death from a fatal crash: 2 years from the date of death, not the date of the accident
- Property damage to your vehicle: 3 years under CCP 338
- Claims against a government entity: 6 months to file an administrative claim
These deadlines apply whether you plan to settle with insurance or take your case to court. Missing the lawsuit deadline eliminates your negotiating power with the insurance company entirely.
When Does the Clock Start on a Car Accident Claim?
The two year clock starts on the date of the accident. Many injured drivers incorrectly assume the clock starts when they finish treatment or when insurance denies their claim. That assumption can cost you your entire right to compensation.
Here is how the clock works in two common situations:
- Standard crash: A driver injured in a rear end collision on June 10 has until June 10 two years later to file a lawsuit.
- Death after a crash: If a passenger survives the crash but later dies from their injuries, surviving family members get a separate two year window starting on the date of death.
Some injuries do not show up right away, and California law does recognize a few narrow exceptions to the standard start date.
What Exceptions Can Extend the California Statute of Limitations?
California law allows the filing deadline to pause or start later in specific situations. Lawyers call this pausing effect “tolling.” Courts apply these exceptions strictly, so you should never count on them to buy yourself more time.
Minors and Incapacity in California
If the injured person was under 18 at the time of the crash, the two-year clock does not begin until their 18th birthday, giving them until age 20 to file. If a crash leaves someone legally incapacitated, such as in a coma, the clock pauses until they recover.
The Discovery Rule for Hidden Injuries
The discovery rule allows the clock to start on the date you discovered an injury linked to the crash, rather than the date of the accident itself. This can apply to injuries like traumatic brain injuries or internal damage that appear weeks after the collision.
This rule is highly fact specific and is not a safety net for delaying action. You should speak with an attorney as soon as you notice any new symptoms.
Defendant out of State or Unknown
If the at fault driver leaves California or hides to avoid being served with legal papers, the clock pauses for the time they are absent. In hit and run cases, you can file a “Doe defendant” lawsuit, which preserves your claim in court while the driver is being identified.
Wrongful Death After a Crash
When a crash victim passes away from their injuries, surviving family members have two years from the date of death to file a wrongful death lawsuit. This timeline is completely separate from the date of the original accident.
What Are the Deadlines for Government Claims in California?
Crashes involving a city bus, a government vehicle, or a road defect caused by a public agency follow the California Tort Claims Act. This law sets a much shorter and stricter timeline than the standard two year rule.
The Six Month Government Claim Requirement
You have only six months from the date of the crash to file a written administrative claim with the responsible government agency. This applies to agencies like the City of Yuba City, Sutter County, or the California Highway Patrol.
What Happens After a Rejection or No Response?
Once you file, the agency has 45 days to respond. If your claim is rejected, you generally have six months from the rejection notice to file a formal lawsuit in court. If they do not respond at all, you have two years from the date of the crash to sue. Missing that initial six month administrative deadline almost always ends your case before it starts.
What we see consistently in Northern California personal injury cases is that the six-month government claim deadline catches injured drivers off guard more than any other deadline we encounter. A crash involving a Sutter County road crew vehicle, a City of Yuba City public works truck, or a CHP cruiser is subject to the California Tort Claims Act, which requires a formal administrative claim within six months of the accident date.
Most injured people are still in active treatment at the six-month mark and have no idea this shorter deadline applies to them. We check for government involvement in every case we take on in the first week specifically because a missed government claim deadline is permanent.
What Happens If You Miss the Deadline?
If you file after the statute of limitations expires, the court will dismiss your case permanently. You lose your right to recover compensation for hospital bills, lost wages, and pain, regardless of how clear the other driver’s fault was.
The practical consequences are serious:
- The defense files a motion to dismiss: The judge has no discretion and must grant it immediately.
- Insurance adjusters stop negotiating: Once your right to sue expires, they have no reason to offer you a fair settlement.
- You cannot refile: The dismissal is final for that injury and that accident.
If a prior attorney missed your deadline, you may have a legal malpractice claim against them, but that path also carries its own strict time limits.
Do Insurance Claims or Negotiations Pause the Statute?
No. This is the most dangerous misconception we see. Filing an insurance claim, speaking with an adjuster, or being in active settlement talks does not stop the two year clock from running.
Insurance adjusters sometimes intentionally drag out negotiations, knowing your claim becomes worthless once the deadline passes. The only action that legally stops the clock is filing a formal lawsuit in court.
In our experience handling car accident cases in Sutter and Yuba Counties, the insurance adjuster delay pattern is one of the most predictable problems we encounter. An adjuster will engage with a claimant, answer calls, request documents, and signal progress over a period of many months, creating the impression that a settlement is moving forward.
When the two-year filing window closes without a lawsuit being filed, the adjuster stops returning calls entirely. The only action that legally preserves your right to compensation is filing a complaint in court, and we counsel every client on this from the first consultation.
What Should You Do If Your Deadline Is Near?
If you are close to your filing deadline, you need to move quickly. Here are the three most important steps:
Step 1: Gather Your Dates and Records
Confirm the exact date of your accident and collect your police report, medical records, and all written insurance correspondence. Write down the names of every party involved in the crash.
Step 2: File a Protective Lawsuit
An attorney can file a legal complaint quickly to preserve your claim, even before the full case is built. This immediately stops the statute of limitations from running and protects your right to recover compensation for your medical bills and lost income.
Step 3: Stop Talking to the Other Driver’s Insurance Company
Do not give recorded statements to the at fault driver’s insurance company, especially under time pressure. Adjusters are trained to use your words against you. We handle all insurance communications so you can focus on your medical treatment.
“Over two years ago I was t-boned on a freeway driving through Colorado. After laughable offers from Progressive I decided the need for professional representation. Due to a recommendation by family friends I ended up retaining a firm out of Sacramento April, 2010. This was a very unfortunate decision.
I finished my recovery December, 2010 and was given the runaround for almost an entire year. Excuses about health records that they were waiting for etc. That’s when I knew it was time for a change. From the get go Mr. Gimblin handled my case with efficiency and professionalism. A very nice change from my previous firm. After 6 weeks of battling with my previous firm, the insurance company, etc.
Steve had reached a settlement that was more than I was expecting from the very beginning. I suppose in life there are people who talk about getting it done and then there are people who just get it done. Steve is the latter. If you’re in need of representation look no further! Thanks again!” – Kevin H.
How Steve Gimblin Personal Injury & Car Accident Lawyers Protect Your Deadline
At Steve Gimblin Personal Injury & Car Accident Lawyers, we track every filing deadline from the first day we take your case. We serve injured drivers across Sutter, Yuba, Butte, Placer, and Sacramento Counties from our offices in Yuba City and Oroville.
We offer free consultations and work on a No Win, No Fee basis. This means you pay nothing unless we recover compensation for you. We connect you with medical care while we handle the insurance companies, so you can focus on getting back to work and back to your family.
If you are unsure about your deadline, call us at (530) 671-9822 or visit yubalaw.com today. A free consultation costs you nothing, and waiting could cost you everything.
FAQs About the California Car Accident Statute of Limitations
Is There a Statute of Limitations on Car Accidents in California?
Yes. Under CCP 335.1, you have two years from the date of the crash to file a personal injury lawsuit, and three years for vehicle property damage claims under CCP 338.
Can I File a Personal Injury Lawsuit More Than Two Years After a California Car Accident?
In most cases, no. The two year deadline has passed and your case will be dismissed, though narrow exceptions like the discovery rule or minority status may apply in specific situations.
How Long Do I Have to File a Property Damage Claim After a Car Accident in California?
You have three years from the date of the accident to file a claim for damage to your vehicle or other property under California Code of Civil Procedure section 338.
Does Filing an Insurance Claim Stop the Two Year Deadline?
No. Only filing a lawsuit in court stops the statute of limitations from running, which is why speaking with an attorney well before your deadline is critical.
What Happens to My Lawsuit If the At Fault Driver Left California?
If the at fault driver leaves the state to avoid being served, the clock pauses for the time they are absent, which can give you additional time to file your lawsuit.
Can I Still File a Lawsuit If I Do Not Know Who Hit Me?
Yes. California allows you to file a lawsuit naming Doe defendants to preserve your claim while you work to identify the at fault driver, but the lawsuit must still be filed within the two year window.
What Is the Filing Deadline If a Government Vehicle Caused My Accident?
You have only six months from the date of the crash to file a written administrative claim with the responsible government agency before you can pursue a lawsuit.
What Is CCP 338 and How Does It Differ from CCP 335.1?
CCP 338 sets a three year deadline specifically for property damage claims, such as vehicle repairs or a total loss, while CCP 335.1 sets the two year deadline for personal injury and wrongful death claims.