Car Accident Statute of Limitations in California
Last verified 2026-07 · Source: Cal. Code Civ. Proc. § 335.1
The deadline
2 years
from the date of the accident, under Cal. Code Civ. Proc. § 335.1.
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California law sets a hard deadline of 2 years to file a car accident lawsuit. The controlling statute is Cal. Code Civ. Proc. § 335.1, and the clock generally starts on the date of the accident. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
California Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Car Accident | 2 years | Cal. Code Civ. Proc. § 335.1 |
| Medical Malpractice | 3 yrs | Cal. Code Civ. Proc. § 340.5 |
When the Clock Starts
In California, the limitations period for car accident lawsuits generally begins on the date of the accident. California recognizes a discovery rule for this claim type: Applies narrowly when injuries could not reasonably have been discovered immediately.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Claims against California public entities require a Government Claims Act filing within 6 months (Gov. Code § 911.2).
Source: Cal. Code Civ. Proc. § 335.1, official California statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for California government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How California Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| California | 2 years | Cal. Code Civ. Proc. § 335.1 |
Frequently Asked Questions
How long do I have to file a car accident lawsuit in California?
You have 2 years from the date of the accident, under Cal. Code Civ. Proc. § 335.1.
Can I still sue after 2 years in California?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to car accident lawsuits in California?
Yes. Applies narrowly when injuries could not reasonably have been discovered immediately.
What if the victim was a minor?
California generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Claims against California public entities require a Government Claims Act filing within 6 months (Gov. Code § 911.2).
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Sources
- Official Cal. Code Civ. Proc. § 335.1 — official California statute
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed California attorney.