After a car accident, you have a lot on your plate, including medical bills, missed work, and the stress of recovery. Understanding your legal deadlines is an important part of protecting your rights. In California, the statute of limitations sets the time limit for filing a car accident lawsuit. Filing within that window keeps your options open and your path to compensation intact.
The best way to protect your rights and ensure your claim is filed in a timely manner is by hiring an attorney to represent you. Learn more about filing a car accident lawsuit in California from Ellis Law.
California Statute of Limitations and Exceptions
While the two-year statute of limitations exists when privately-owned or commercial vehicles are involved in an In California, as noted above, the statute of limitations for filing a car accident lawsuit is generally two years from the accident date. However, there are exceptions to this deadline. If you are only seeking recovery for property damage, the statute of limitations is three years.
If the at-fault driver cannot be located because they have left California, the statute of limitations is tolled, or paused, until their return. Leaving the state does not allow a driver to escape liability for the accident. Once they return to California, the clock resumes.
Other exceptions include:
Injury to Minors
If the accident involved a minor, the statute of limitations will be extended beyond the two-year period. Regardless of the severity of the injuries, the statute of limitations won’t begin until the victim turns 18. Therefore, a child who is injured at age 13 will be able to file a claim until they are 20 years old.
Defendant is Mentally Incompetent
If you are filing a personal injury claim and the defendant is mentally incompetent, the statute of limitations will only begin to run once the defendant is declared competent. Mental incompetence can be due to a mental illness or a physical injury, such as a coma or TBI.
Plaintiff is Mentally Incompetent
The statute of limitations will be extended if the plaintiff is mentally incompetent at the time of the accident. It begins to run once the plaintiff is no longer considered mentally incompetent.
Delayed Discovery
If you were in a car accident but did not discover right away that you were injured, the statute of limitations can be extended. Under the delayed discovery rule, you have one year from the date you discovered your injury, or from the date a reasonable person in your situation should have recognized that something was wrong.
Military Service
If the plaintiff is currently serving in the military, the statute of limitations is tolled for the duration of their time in the U.S. armed forces.
Government Vehicles
If the accident involves a government vehicle, under the California Government Claims Act, a different deadline applies. A Notice of Claim must be filed with the relevant agency within six months of the date of the accident. The government entity then has 45 days in which to respond.
If it rejects your claim, you are notified in writing that you can pursue the matter in court. You then have six months from the date the rejection notice was mailed or delivered to file a car accident lawsuit. If the government entity fails to send the required written notice, you have two years from the date of the accident to pursue a lawsuit.
Hit and Run Accidents
In hit and run accidents, the civil deadline works differently than many people expect. Not knowing who hit you does not pause the two-year clock. If the driver has not been identified, the right move is to file a civil lawsuit within the standard two-year period, naming the unknown driver as a “Doe” defendant. This is a placeholder the court allows when a defendant’s identity isn’t yet known. If the driver is identified, the complaint is amended to include their real name.
If the driver is never identified, you may still have options. You can seek compensation through your own insurance policy under your uninsured/underinsured motorist coverage. California does not require drivers to carry this coverage, but given the high rate of hit-and-run incidents on Southern California roads, having it in place can make a critical difference.
Uninsured and Underinsured Drivers
If you are involved in a car accident with an uninsured driver, you are still subject to the two-year statute of limitations. According to the Insurance Information Institute, between 15% and 17% of drivers are uninsured. This is another reason why carrying uninsured motorist coverage matters. It can be your most reliable path to compensation when the at-fault driver has nothing to collect.
Why You Should Contact a Car Accident Attorney Promptly
The sooner you seek legal advice after a car accident, the better. While it is certainly possible to hire an attorney shortly before the statute of limitations deadline, obtaining legal counsel quickly works in your favor. Waiting too long can mean the loss of valuable evidence needed to prove your claim.
Hiring a lawyer means an investigation starts right away. Surveillance footage of the collision, for example, is among the strongest types of evidence available, and many systems overwrite recorded footage within days or weeks. Your attorney can send a spoliation letter to nearby businesses or residences with surveillance cameras, formally requesting that they preserve that footage before it is gone.
Schedule a Free Consultation Today at Ellis Law
If you were seriously injured in a motor vehicle accident because of another driver’s negligence or recklessness, trust the experienced Los Angeles car accident attorney at Ellis Law. Schedule a free, no-obligation consultation today. We work on a contingency basis, so you pay no fee unless you receive compensation. Most car accident claims are settled, but if the insurance company fails to agree to a reasonable settlement offer, we can take your case to trial
