What is the California Car Accident Statute of Limitations?

Is there a statute of limitations on car accidents?

Yes, there is a statute of limitations for car accidents in California. This statute of limitations apply regardless of the types of car crashes, such as rear-end collisions, T-bone accidents, etc.

It is important to be aware of these limitations for personal injury claim and protect your right to file a personal injury claim in California.

Additional reading: who is at fault in a rear end collision in California

What is the statute of limitations on a car accident?

The statute of limitations on a car accident refers to the maximum period following an incident within which legal proceedings may be initiated. The statute of limitations for personal injury cases in California therefore restricts the time in which you can take legal action. the time to file a lawsuit for car accidents and claim compensation.

Victims who've suffered injuries due to negligence of others while on the road generally have two years to file their claim in court as codified in California CCP 335.1.

However, there are a few exceptions that may affect this timeline (which we'll get into shortly) and change when the statute of limitations begins. For that reason, it is crucial to seek the counsel of a Glendale auto accident attorney immediately after a car accident. This way, you can stay informed about your rights and ensure you do not miss any deadlines for filing your claim.

For more information, we recommend checking out our dedicated guide on what to do after a car accident in California as well as gaining an understanding on the most common causes of car accidents.

When does the California car accident statute of limitations start?

The California car accident statute of limitations starts from the date of the accident. This is the trigger event that commences the countdown for filing a claim after the accident or risk losing your right to legal action.

From a car accident lawyer perspective, think of these statutes as a countdown that begins after the occurrence of the vehicle collision, after which your right to a car accident claim in California expires.

This time limit is a legal boundary established to ensure that California car accident claims are made while evidence is fresh and to promote resolution within a reasonable timeframe not long after a car accident.

If you've been involved in a car accident in California that wasn't your fault, contact us today for a free consultation

How long do you have to report an accident to insurance in California?

You have 24 hours to report an accident to your insurance company in California, but it is strongly recommended to do so immediately after the incident. Prompt reporting is important not only for the timely initiation of your claims process but also to ensure that the event details are accurately recorded while memories are fresh.

Note that if you fail to report within a reasonable time frame, your insurance company might have grounds to deny coverage for the accident. 

You may also receive an offer for quick settlement from the other party’s insurance company, which might be tempting to accept. However, it is important to consult with a car accident attorney first before making any decisions.

This is because accepting a quick settlement offer might not cover all the damages and injuries you have sustained, leading to financial losses in the long run. Your attorney can help negotiate for a fair settlement that takes into account all your expenses, including:

• Medical bills

• Lost wages

• Property damage

• Pain and suffering 

Additional reading: Is it worth getting an attorney for a car accident?

Does the discovery rule apply to the statute of limitations in California for car accidents?

Yes, the discovery rule can extend the statute of limitations for car accidents in California.

If you were unaware of your bodily injury or the negligence of another immediately after the accident, the clock on the statute of limitations may not start ticking right away. Instead, it begins when you discover or should have discovered your valid legal claim from injuries.

Essentially, California's discovery rule allows for a longer time frame to file a lawsuit. This can be particularly helpful if you are dealing with injuries that may not become apparent until weeks or even months after the accident.

It also takes into consideration cases where the negligent party may have purposely concealed evidence or information about their involvement in the accident until the standard statute of limitations has expired.

A personal injury lawyer will be able to tell you if the discovery rule apply to your case. So even if you think it may be too late to file a claim, it's always worth seeking legal advice to see if the discovery rule can extend your time frame.

Please do get in touch with us if you're in California and need help understanding if you're entitled to compensation

Statute of limitations in California auto accident exceptions

There are some exceptions that may affect the statute of limitations for car accidents in California, which can vary based on the type of claim being pursued and the parties involved:

• If the victim has died due to the accident, the case turns into a wrongful death claim which has a statute of limitations of two years from the date of the person's death.

• If a victim is a minor, the statute of limitations may be tolled (paused) until they reach the age of 18, after which they have two years to file a lawsuit.

• Less common injuries from car accidents are often discovered at a later date. For these cases, the statute of limitations can be extended by one year from the date of discovery.

• If the personal injury case is against a government entity (government employee or government vehicles), the victim must file a claim within six months of the accident.

Additional reading: average car accident settlement in California

Hit and run California statute

In some cases, the at-fault party may flee the scene of the accident without identifying themselves. This is known as a hit and run, and it can create complications for the victim in terms of seeking compensation.

Fortunately, California takes cases of hit and run accidents very seriously, and there is a separate statute of limitations that applies. In these situations, the person involved in a car accident has six years from the date of the accident or from when the identity of the at-fault party is discovered to file a legal claim against the at-fault party.

The statute of limitations for hit and run cases used to be only three years, but in 2013, California enacted Assembly Bill 184 in response to the increasing number of hit and run incidents in the state. This extension provides victims with ample time to seek justice even if there is a delay in identifying the responsible party.

Additional reading: Should I get a lawyer for a minor car accident?