General information, not legal advice. This guide explains California law in general terms. It isn't advice about your situation, and laws and deadlines can change. Check the official sources linked on this page.
Car accident injury deadlines in California
Most injury claims from a California car crash have a two-year lawsuit deadline. But a government vehicle or road, an uninsured driver, or an injured child changes the timeline, and some of those deadlines are much shorter.
Short answer: You generally have 2 years to file a lawsuit for injury or death (CCP §335.1). If a public entity is involved, a written claim is due within 6 months (Gov. Code §911.2). For your own uninsured motorist coverage, you must sue, settle, or demand arbitration within 2 years (Ins. Code §11580.2(i)).
The main deadlines
| Situation | Deadline | Law |
|---|---|---|
| Injury or death caused by another driver | Lawsuit within 2 years | CCP §335.1 |
| A city, county, state or other public entity is involved | Written claim within 6 months; then a lawsuit within 6 months of a written rejection | Gov. Code §911.2, §945.6 |
| Your uninsured/underinsured motorist coverage | Sue, reach agreement, or demand arbitration by certified mail within 2 years | Ins. Code §11580.2(i) |
| The injured person was a minor | Time doesn't run while they're under 18 (except government claims) | CCP §352, Fam. Code §6500 |
These are different deadlines for different claims. Meeting one doesn't satisfy another.
The 2-year rule
Code of Civil Procedure §335.1 gives two years for an action for injury to, or death of, a person caused by someone else's wrongful act or neglect. This covers the usual claim against an at-fault driver by a driver, passenger, pedestrian or cyclist.
The deadline is for filing a lawsuit. A claim that's still open with an insurance company doesn't stop the clock.
Minors and people lacking legal capacity
CCP §352(a) says that if the injured person was under the age of majority, or lacked the legal capacity to make decisions, when the claim accrued, that time isn't counted. In California, a minor is anyone under 18 (Family Code §6500). So a child's two years generally start at their 18th birthday.
The big exception: §352(b) says this extra time doesn't apply to claims against public entities or employees that require a government claim first. A child hurt in a crash with a city bus still needs a claim within six months, or a late-claim application within a year (Gov. Code §911.4).
Government claims: 6 months
If a public employee's vehicle or a dangerous public road was involved, you usually can't sue until you've presented a written claim to the agency. For injury, that claim is due within six months (§911.2). After a written rejection, you have six months to sue (§945.6). The government claims guide has the full process.
Your own UM/UIM coverage: 2 years to act
A claim under your own uninsured or underinsured motorist coverage has its own rule. Within two years of the crash, you must sue the uninsured driver, reach an agreement with your insurer, or formally demand arbitration in writing sent by certified mail, return receipt requested (§11580.2(i)). See the UM/UIM guide.
Shorter deadlines that come first
Some time limits fall long before two years:
- 24 hours: a written report of an injury crash to the CHP or city police (VC §20008), and the police report needed for a hit-and-run UM claim.
- 10 days: the SR-1 report to the DMV (VC §16000).
- 30 days: the sworn statement to your insurer after a hit-and-run (§11580.2(b)). Medi-Cal members must notify DHCS within 30 days of filing a claim or lawsuit (WIC §14124.73).
How to count the time
Write down the crash date and work out each deadline right away. Missing a deadline can end a claim. If you're close to a deadline, or unsure when your claim accrued, talk to a lawyer of your choice before it passes.
Common questions
How long do you have to sue after a car accident in California?
For injury or wrongful death caused by someone else's wrongful act or neglect, Code of Civil Procedure §335.1 sets two years. Shorter deadlines apply if a government agency is involved (a written claim within six months under Government Code §911.2), and uninsured motorist claims have their own two-year rule (Insurance Code §11580.2(i)).
Does the 2-year deadline start on the day of the crash?
In most car crash injury cases, the claim accrues on the day of the crash, so the two years usually run from that date. There are exceptions, and the rules on when a claim accrues can be complex, so don't rely on a later start date without legal advice.
How long does a minor have to sue after a car accident in California?
Under Code of Civil Procedure §352(a), the time while the injured person is under the age of majority isn't counted. In California a minor is anyone under 18 (Family Code §6500). So the two years under §335.1 usually start at age 18. That extra time doesn't apply to claims against public entities that require a government claim first (§352(b)).
Is the deadline the same for a passenger?
Yes. Section 335.1 applies to anyone injured by another's wrongful act or neglect, whether a driver, passenger, pedestrian or cyclist. A passenger's claim against a public entity still needs a government claim within six months.
Does talking to the insurance company stop the clock?
No. Negotiating with an insurer doesn't, by itself, pause the statute of limitations. If the claim isn't resolved, a lawsuit generally has to be filed before the deadline. For uninsured motorist claims, an insurer must give an unrepresented insured written notice of the limitation at least 30 days before it expires (Ins. Code §11580.2(k)).
Sources
The sources this guide cites. We check the guide against these sources before publishing and each time we review it.
- California Code of Civil Procedure §335.1, two-year injury deadline (California Legislative Information)
- California Government Code §911.2, six-month deadline for injury claims (California Legislative Information)
- California Insurance Code §11580.2, uninsured and underinsured motorist coverage (California Legislative Information)
- California Government Code §945.6, deadline to sue after a claim is rejected (California Legislative Information)
- California Code of Civil Procedure §352, extra time for minors (California Legislative Information)
- California Family Code §6500, age of majority (California Legislative Information)
- California Government Code §911.4, applying to file a late claim (California Legislative Information)
- California Vehicle Code §20008, 24-hour written report of an injury crash (California Legislative Information)
- California Vehicle Code §16000, SR-1 report to the DMV (California Legislative Information)
- California Welfare and Institutions Code §14124.73, telling Medi-Cal about an injury claim (California Legislative Information)
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