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Home » California Car Accident Lawyers » How Long Do I Have to File a Lawsuit After a Car Accident?

How Long Do I Have to File a Lawsuit After a Car Accident?

In most California car accident injury cases, you have two years from the date of the accident to file a personal injury lawsuit.

That is the general rule. Some cases have shorter deadlines, and some deadlines are not lawsuit deadlines at all. For example, a DMV accident report has a different timeline than a lawsuit. An insurance claim may also have its own notice requirements.

At Johnson Attorneys Group, we review the deadline early because missing the filing date can prevent you from recovering compensation. If you were injured in a crash, do not wait until the deadline is close.

Call 1-800-208-3538 for a free case review.

The General California Deadline Is Two Years

California law generally gives an injured person two years to file a lawsuit for injury caused by another person’s wrongful act or neglect.

For a car accident, that usually means the two-year period starts on the date of the crash. If you miss the deadline, the other side can ask the court to dismiss the case.

This is why I recommend speaking with a lawyer well before the two-year mark. A lawsuit takes preparation. We may need to investigate the crash, identify all responsible parties, collect records, review insurance coverage, document injuries, and try to resolve the claim before filing.

Property Damage Claims May Have A Different Deadline

If your car or other property was damaged in the crash, the deadline may be different from the injury deadline.

California generally gives three years to sue for damage to personal property. This may apply to vehicle damage, damaged personal items, or other property losses from the crash.

If your case includes both injury and property damage, do not assume one deadline covers everything. The claims should be reviewed separately.

Claims Against A Government Entity Can Have A Shorter Deadline

Some car accident cases involve a public entity. This may happen if the crash involved:

  • A city, county, or state vehicle
  • A public employee driving during work
  • A dangerous public road condition
  • Public construction or maintenance work
  • A public transit or government-operated vehicle

If a public entity is involved, you may need to present a government claim within six months. This is not the same as filing a lawsuit. It is a required step before many lawsuits against public entities.

These cases can be unforgiving. If there is any chance a public entity is involved, the deadline should be reviewed immediately.

DMV Reporting Is Not The Same As Filing A Lawsuit

California also has a DMV reporting rule. If a crash caused injury, death, or property damage over $1,000, the driver or the driver’s insurance agent, broker, or legal representative generally must submit an SR-1 report to the DMV within 10 days.

This is not a lawsuit. Filing an SR-1 does not preserve your right to sue. It is a separate reporting requirement.

A police report is also different from an SR-1. Reporting the crash to law enforcement does not automatically mean the DMV report has been completed.

An Insurance Claim Does Not Stop The Lawsuit Deadline

Many car accident cases begin with an insurance claim. That does not mean the court deadline stops running.

You may be negotiating with an insurance company for months. You may still be treating with doctors. You may still be waiting to learn whether your injury is permanent. The two-year lawsuit deadline can still apply while all of that is happening.

Before accepting any settlement, make sure the deadline has been checked and the full injury has been evaluated.

Why You Should Not Wait Until The Deadline Is Close

Even when the deadline seems far away, waiting can hurt the case.

Important evidence can disappear, including:

  • Dash camera footage
  • Traffic camera footage
  • Business surveillance video
  • Vehicle damage evidence
  • Photos from the scene
  • Witness contact information
  • Roadway condition evidence
  • Medical records
  • Insurance communications

Witnesses may also forget details. Vehicles may be repaired or destroyed. Insurance companies may use delays to dispute the cause or seriousness of your injuries.

When we handle a car accident case, we want enough time to investigate, document damages, negotiate when appropriate, and file a lawsuit if needed.

Are There Exceptions To The Deadline?

There may be exceptions in limited situations, but you should not rely on an exception without legal advice.

The deadline may be affected by facts such as the injured person’s age, delayed discovery of an injury, the identity of the defendant, a public-entity claim, or other case-specific issues.

The safest approach is simple: assume the deadline matters now and have the case reviewed early.

What Johnson Attorneys Group Reviews

When you contact Johnson Attorneys Group after a car accident, we look at the deadline and the facts that may affect it.

We may review:

  • The date of the crash
  • Whether anyone was injured
  • Whether someone died from the crash
  • Whether property was damaged
  • Whether a government vehicle or public entity may be involved
  • Whether the crash involved a commercial vehicle
  • Whether all responsible parties have been identified
  • Whether an insurance claim has already been opened
  • Whether any settlement papers have been signed

The goal is to protect your right to bring a claim before time runs out.

Johnson Attorneys Group Can Review Your Filing Deadline

Johnson Attorneys Group represents car accident victims throughout California. We have offices in Newport Beach and Bakersfield, and we review car accident cases across the state.

If you were injured in a car accident, the main deadline may be two years, but shorter deadlines can apply. We can review what happened, explain which deadlines may affect your case, and help you decide what steps to take next.

Call 1-800-208-3538 for a free case review.

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