How Long Do I Have To File A Car Accident Claim In California?

There is no one standard time period for filing claims after a car accident in California. The applicable statute of limitations for filing claims will depend on the victim, the type of damage, and the responsible party. The general rule for personal injury claims (including wrongful death) is that they must be filed within 2 years of the date an injury or death occurs.

As you will learn below, there are exceptions and situations in which the period for filing claims is extended or shortened, depending on the specific circumstances. To understand the timeframe for filing your particular claim, it is best to speak with an experienced San Diego personal injury attorney as soon as possible to avoid jeopardizing your claim.

The Statute of Limitations is Tolled if You are Disabled, Incarcerated, or a Minor

For certain types of people, the 2-year limitations period does not begin running at the time of the injury. The California Code of Civil Procedure sets out the various time limits for commencing legal actions.

Persons under 18 at the time of an injury have until their 20th birthday to file a claim. The limitations period for persons who are mentally or physically incapable of understanding their legal rights and making informed decisions at the time of their injury does not begin to run until the period of disability ends.

Rather than waiting, it’s often in the best interests of a minor or a disabled person to have a guardian appointed and proceed with the claim while the evidence is fresh and to help with current expenses.

If a person is incarcerated at the time the limitations period would normally start, the period of incarceration (up to two years) does not start the clock running.

When the Responsible Party Leaves the State

If the person against whom a claim is to be made is out of state at the time the statute of limitations should start running, it won’t begin until the party returns to the state. If the responsible party leaves the state during the limitations period, the length of the party’s absence will not count toward the limitations period.

Claims against Government Entities Must be Filed More Quickly

The Government Claims Act regulates claims against the state of California. Claims against public entities for injury, death, or property damage must be initiated within 6 months of the date the claim arises by submitting a written claim to the entity. The six-month notice is a prerequisite to bringing a lawsuit for money or damages.

The entity has 45 days to grant or deny the claim. If the claim is denied, a claimant has 6 months to file a lawsuit. If the entity fails to respond, the standard 2-year limitations period for filing injury claims applies.

When claims are submitted after the six-month window, the entity is required to accept them if the reason for the delay is any of the following:

• The delay was caused by mistake, inadvertence, surprise, or excusable neglect that does not prejudice the entity’s defense to the claim.
• The injured person was a minor during the 6-month claim period.
• The injured person was physically or mentally incapacitated for 6 months.
• The injured person died during the 6 months.

When a person was a minor or incapacitated for only part of the 6-month period, the claim must be filed within 6 months of turning 18 or regaining mental capacity or within one year of the date the claim arose, whichever occurs first.

You have Longer to file a Claim When Injuries aren’t Immediately Known

Not all injuries resulting from an accident are apparent from the start. Sometimes, injuries develop over days or even months. Injuries that aren’t related in time to an accident may not be immediately recognized as connected to the earlier event.

The delayed-discovery rule keeps the statute of limitations from running until a claimant becomes aware (or should have become aware) of an injury and its cause. Internal injuries from car accidents, such as traumatic brain or spinal injuries, may not be recognized initially and tend to worsen over time.