When you’re involved in an accident, the statute of limitations in California is generally two years from the date of the incident. This is a strict legal deadline — if you miss it, you’ll likely lose your right to pursue compensation. Letting too much time pass can also mean losing valuable evidence, which can make your claim much harder to prove. Another risk is that someone else involved in the accident could file a claim first, potentially shifting liability onto you.
Although legal help is not mandatory, experienced personal injury lawyer in California can be invaluable allies if you intend to claim compensation. Not only can they assess all your damages and assess the real value of your accident but also help you meet these tight deadlines timely and according to the California law.
Don’t miss your opportunity to claim compensation — and don’t let others do it before you. Call Megeredchian Law at (866) 359-0807. We can evaluate your case in just a few minutes by asking a few simple questions. If you’re still within the legal timeframe and qualify for compensation, we’ll assign an experienced attorney to handle your case. No out-of-pocket fees — and if we don’t win, you don’t pay us.
Statute of Limitations California for Accident and Injury Claims (2025 Update)
In this article, we’ll explain in detail the statute of limitations in California for different types of accident and injury claims. This information reflects the most recent state laws as of 2025. Each accident case is unique — not only in its nature but also in the deadlines you must meet. By understanding this information, you’ll know when to start your claim (though filing as soon as possible is always the best option).
Personal Injury
In California, the statute of limitations for personal injury claims is two years from the date of the injury. This rule applies not only to car accidents but also to other types of accidents such as motorcycle crashes, bicycle accidents, truck accidents, pedestrian collisions, dog bites, Uber and Lyft claims, and slip-and-fall injuries.
The two-year clock generally starts on the day the injury occurred. However, in rare cases where the injury was not immediately discovered — for instance, internal injuries that appear later — the time limit may begin when the injury is reasonably discovered.
Wrongful Death
For wrongful death cases, California law sets a two-year statute of limitations starting from the date of the victim’s death. The claim can be filed by eligible family members or representatives of the deceased person’s estate.
This type of claim seeks compensation for losses such as funeral costs, medical expenses incurred before death, and loss of financial support or companionship. Missing the two-year deadline means the family will likely lose the right to pursue justice or any monetary recovery, except under very limited circumstances where tolling applies (for example, if the defendant is out of state).
Property Damage
If an accident causes damage to property — such as a vehicle, fence, or personal belongings — the statute of limitations in California is three years from the date the damage occurred. This deadline applies separately from personal injury claims, meaning a person could have up to three years to seek reimbursement for repairs or replacement costs.
It’s important to document the property loss thoroughly with photos, repair estimates, and receipts, as claims filed near the end of the three-year window can be harder to prove if evidence is incomplete.
Claims Against Government Entities
When an accident or injury involves a government agency or public employee — for example, a city bus crash, a poorly maintained public road, or a government vehicle accident — the rules are much stricter.
Under the California Government Claims Act, you must file an administrative claim within six months from the date of the incident. The government then has 45 days to respond. Only after the claim is denied (or if no response is given within that period) can you proceed with a lawsuit in court.
Claims to Car Insurance
When dealing with car insurance companies, the statute of limitations depends on the type of claim. Although insurance policies are private contracts, California typically enforces a two-year deadline for bodily injury claims and three years for property damage claims, mirroring the general accident timelines.
However, delays caused by the insurer — such as taking too long to investigate, undervaluing damages, or mishandling the claim — may create grounds for a bad faith insurance claim. In such cases, the time limit to sue the insurer for bad faith is two years from the date the wrongful act occurred (for instance, when the insurer unreasonably denies or delays payment).
Consequences of Missing a Statute of Limitations in California
Failing to file a claim within the statute of limitations can have serious and irreversible consequences. While each type of claim has specific rules, the overall result is usually the same: you lose your right to pursue compensation. Below are the main outcomes for each situation:
General Consequences
Loss of Critical Evidence
Regardless of the claim type, waiting too long makes it difficult to gather key evidence such as accident reports, witness statements, or video footage. Over time, evidence may be lost, witnesses forget details, and records are destroyed — all of which make it nearly impossible to prove your case even if you eventually try to file.
Complete Loss of Legal Leverage
Once the deadline passes, defendants and insurance companies gain full legal protection from being sued. You lose all negotiating power and cannot force a settlement or court judgment. In practice, missing the statute of limitations gives the at-fault party a permanent advantage — regardless of their responsibility.
Specific Consequences by Claim Type
Personal Injury Claims
If you fail to file a personal injury claim within two years, the court will almost always dismiss your case automatically, no matter how strong the evidence is. You won’t be able to recover damages for medical bills, lost wages, pain and suffering, or future treatment costs. Insurance companies are also no longer required to negotiate or pay once the legal window closes.
Wrongful Death Claims
Missing the two-year deadline in a wrongful death case means that the surviving family members lose the right to sue the party responsible for the death. Even if negligence is clear, courts will not make exceptions except in extremely rare circumstances. This can permanently block the family from receiving compensation for funeral expenses, loss of income, or emotional suffering.
Property Damage Claims
If you miss the three-year deadline to file for property damage, such as vehicle repairs or destroyed personal items, you cannot legally demand reimbursement from the person or entity responsible. Insurance carriers will also reject late claims because they rely on the statute of limitations as a legal defense.
Claims Against Government Entities
Claims involving a city, county, or state agency are the strictest of all. Missing the six-month deadline to file an administrative claim under the California Government Claims Act means you lose the right to sue the government entirely. Courts have almost no discretion to extend this period, and late filings are routinely denied — even for legitimate injuries.
Claims to Car Insurance
When an insurance company delays or mishandles your claim and you fail to act within the two-year (bad faith) or three-year (property damage) period, you forfeit the right to hold the insurer accountable. This means you may not only lose payment for your damages but also the right to recover additional compensation for the insurer’s misconduct or bad faith actions.
When Can I Have an Extension?
In California, extensions to the statute of limitations are rare and allowed only in specific, legally defined circumstances. These are known as “tolling” exceptions, which temporarily pause or delay the countdown of the filing deadline. The clock begins running again once the condition causing the delay ends.
Common Tolling Situations
Minor Victims (Under 18)
If the injured person was a minor at the time of the accident, the statute of limitations does not begin until they turn 18. From that date, they generally have two years to file their claim as an adult.
Mental or Physical Incapacity
When a victim is legally incapacitated or physically unable to file a claim (for example, due to being in a coma or suffering severe cognitive impairment), the statute may be paused until the person regains the ability to act.
Defendant’s Absence from California
If the person or entity responsible for the accident leaves the state after the incident and before a claim is filed, the clock can be paused during the time they are outside California, since they are not available to be served with legal notice.
Delayed Discovery Rule
In cases where an injury or its cause was not immediately known — such as hidden medical injuries or toxic exposure — the statute of limitations may start from the date the injury was reasonably discovered rather than the date it occurred.
Government Claims Act Exceptions
Although government-related claims have strict deadlines, courts may allow a late claim petition if the claimant can show excusable neglect or that they were physically or mentally unable to file in time. This must be done within one year of the incident.
Fraud or Concealment by the Defendant
If the defendant intentionally conceals wrongdoing or prevents the injured party from discovering key facts, the limitation period may be extended until the misconduct is uncovered.
How Can a Lawyer Obtain an Extension?
In California, extensions to the statute of limitations are rare, but a personal injury lawyer can help when specific legal exceptions — called tolling — apply.
An attorney reviews your case timeline to determine if you qualify for an extension due to factors like being a minor, mental or physical incapacity, the defendant leaving the state, delayed discovery of injuries, or fraud and concealment.
If your case involves a government entity, a lawyer can file a late claim petition within one year, explaining the reason for the delay and providing supporting evidence.
Overall, a skilled attorney knows how to prove valid reasons for delay, prepare the required documentation, and give you the best chance to keep your right to compensation even after a deadline has passed.
Don’t Wait – Hire a Personal Injury Lawyer ASAP
If you suffered an accident caused by someone else, you may have a valid case and be eligible for compensation. Why let time pass unnecessarily? Why risk losing your chance to obtain the maximum recovery you deserve? We understand how overwhelming an accident can be — from physical pain to financial stress and emotional hardship. But you don’t have to face it alone.
Gain peace of mind and strengthen your chances of obtaining the compensation you’re entitled to by hiring an experienced personal injury attorney. Call Megeredchian Law at (866) 359-0807 to schedule your free consultation today.