How Long Do I Have to File a Claim After a Car Accident in California?
You’ve just been in a car accident. Maybe you’re focused on healing, getting your car fixed, or just trying to get life back on track. Then weeks (or months) later, you wonder: “Wait… did I wait too long to file a claim?”
Here’s what you need to know about California deadlines – and why the clock might be ticking faster than you think.
1. The General Rule: 2 Years for Personal Injury
In most car accident cases involving injuries, you have two years from the date of the accident to file a lawsuit in California. This is called the statute of limitations. Miss it, and your case could be dismissed – no matter how strong your evidence is.
Two years might sound like plenty of time, but life moves fast. Between doctor visits, physical therapy, dealing with work, or just hoping the pain goes away, it’s easy to lose track. Meanwhile, insurance adjusters are building their side of the story.
2. But Property Damage Only? You Get 3 Years
If you’re only dealing with damage to your car (no injuries), the deadline is a bit longer. California gives you three years to file a lawsuit for property damage.
Still, waiting too long can make it harder to prove exactly what the accident did to your car. Mechanics move on, records get lost, and the other driver might be harder to track down.
3. Claims Against a Government Entity? Much Shorter.
Was your crash caused by a city bus, a pothole, or a government employee? Heads up: you generally have just six months to file a special claim with the agency involved.
It’s called an “administrative claim,” and it’s a must-do step before you can ever file a lawsuit. Miss this and you might lose the right to recover anything at all.
4. Why Waiting Too Long Can Hurt Your Case Anyway
Even if you technically have time left, waiting can still damage your case. Evidence disappears – video footage gets recorded over, roads get repaved, witness memories fade.
Insurance companies also love when people delay. The longer you wait, the easier it is for them to argue your injuries weren’t that serious or must have come from something else.
5. So… When Should You File?
Short answer? As soon as you can.
You don’t have to start a lawsuit tomorrow, but getting your claim started and talking to a lawyer early means you’re protecting your rights and your evidence from day one. It also lets your lawyer handle the stress, deal with insurance companies who might try to trip you up, and start gathering medical and accident records while everything’s still fresh.
Don’t Be That Story
Car accidents bring out the weird in all of us—but your response can make a huge difference in how things play out. Stay calm, get medical help, document the scene, and let professionals handle the rest.
If you’ve been in a crash and want straightforward guidance (no judgment), reach out to DK Law. We’ve seen it all—and we’re here to help protect your health, your rights, and your wallet.
Extra Perspective: Small Delays Can Snowball
We’ve seen clients wait because they hoped to heal on their own or because they were overwhelmed by bills and paperwork. Unfortunately, those small delays often turn into big headaches later.
Imagine finding out two years later that you need surgery from an injury that never got documented right after your crash. Without medical records tying it back, insurance companies will push hard to deny it – or offer you pennies on the dollar.
Starting sooner is about protecting future you, not just today you.
Deadlines Are Real, But So Is Help
Worried you’re already cutting it close? Don’t panic. Just call. At DK Law, we’ll figure out exactly what deadlines apply to your situation, gather the right paperwork, and keep the clock from running out on your case.
Bottom line: the sooner you get advice, the better your chances at a smooth (and fair) recovery.
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