How Long Do You Have to File a Car Accident Claim in California?
Most California car accident injury claims follow a two-year filing deadline, but some evidence can disappear within days. If you were injured in a crash, a Fresno car accident lawyer can help you understand the deadline that applies to your case and take steps to protect your claim before important evidence is lost.
California’s Two-Year Deadline for Injury Claims
In most California car accident cases, an injured person has two years from the date of the crash to file a personal injury lawsuit. This deadline, known as the statute of limitations, usually applies to claims for medical bills, lost income, pain and suffering, and other injury-related losses. Insurance companies, on the other hand, often require notice of an accident quickly. The legal deadline only controls when a lawsuit can be filed.
Wrongful Death
If the crash victim dies from accident-related injuries, the family may have the right to file a wrongful death claim. The deadline is also typically two years, but not necessarily from the date of the crash. If the victim survives for days, weeks, or months after the collision before passing away from the injuries, the two years begins to run from the date of their passing.
Property Damage Can Follow a Different Timeline
Vehicle damage claims can follow a different deadline than injury claims. California generally gives claimants three years to file a lawsuit for property damage, including damage to a vehicle.
Shorter Deadlines for Government-Related Crashes
In car accident cases involving a government agency or public employee in California, the injured person must file a government claim within six months. This shorter deadline may apply when the crash involves a city vehicle, county vehicle, state employee, public bus, dangerous road design, missing traffic sign, or poorly maintained public roadway. If the deadline passes, the injured person may lose the right to pursue compensation even though the standard personal injury filing deadline would normally allow more time.
Evidence Can Disappear Before the Filing Deadline
A strong car accident claim requires evidence that shows how the crash happened, who caused it, and how the injuries affected the victim. Some of that evidence can disappear quickly. For example, traffic camera footage, business surveillance video, dashcam recordings, and vehicle data may be erased or overwritten. Roadway evidence can also change as skid marks fade, debris gets cleared, and damaged vehicles get repaired, sold, or totaled.
Medical records from immediately after the crash are also critical. Insurance companies often look for delays in treatment or long gaps between appointments to argue that the crash did not cause the injury or that the injury was not serious. Other important evidence can include:
Photos of the vehicles, scene, injuries, and road conditions.
Names and contact information for witnesses.
Police report information and incident numbers.
Medical bills, wage records, and proof of missed work.
California also requires each driver to file a Report of Traffic Accident Occurring in California (SR-1) with the Department of Motor Vehicles within 10 days if the crash caused an injury, death, or more than $1,000 in property damage. An insurance agent, broker, or legal representative may file the SR-1 on behalf of a driver, but opening an insurance claim does not guarantee that the DMV report was filed.
Why Hiring a Lawyer Protects Your Best Interests
A Fresno Car Accident Lawyer can help you understand which deadline applies to your case and what steps must happen before it passes. They can also deal with the insurance company for you. This helps you avoid recorded statements or settlement offers that do not reflect the full value of your injuries, lost income, vehicle damage, and future needs. If the insurer does not offer a fair resolution, an attorney can prepare and file the lawsuit.
Contact Us After a California Car Accident
Our team can review your situation, explain the next steps, and help protect your right to seek compensation. Call (559) 549-5870 or message us online today to arrange a free consultation.
