Injured in a California Car Accident? Deadlines and What to Know
A car accident can turn your life upside down. Knowing a few key rules early — especially the deadlines — can protect your ability to recover. This is general information, not legal advice about your specific case.
The deadline: usually two years
In California you generally have two years from the date of injury to file a personal-injury lawsuit (Code of Civil Procedure section 335.1). Claims for property damage (like your vehicle) generally have a longer three-year window. Miss the deadline and a valid claim can be lost, so it pays to act well ahead of it.
A special, shorter rule for government claims
If a city, county, or state vehicle or road condition was involved, a much shorter deadline applies: you generally must file a formal government claim within six months before you can sue (Government Code section 911.2). These cases are easy to lose on timing alone.
Fault is shared, not all-or-nothing
California follows pure comparative negligence. If you were partly at fault, your recovery is reduced by your percentage of fault — but you are not automatically barred from recovering. How fault is assigned can significantly affect the outcome.
What to do after a crash
- Get medical care promptly and follow through on treatment.
- Report the accident and get the report number.
- Document everything — photos, the other driver’s information, and witness contacts.
- Be cautious with the other insurer — you generally need not give a recorded statement, and it can be used against you.
- Keep records of bills, lost wages, and expenses.
What you may recover
Depending on the facts, damages can include medical expenses, lost income, vehicle repair, and compensation for pain and suffering. Value depends on the injuries, the evidence, fault, and insurance.
When to talk to a lawyer
Evidence fades and deadlines run. An early conversation helps preserve proof, deal with insurers, and make sure no deadline — including the short government-claim window — slips by.
Hurt in a crash? Ask a legal question.