What Is the Statute of Limitations in a California Car Accident Claim?

If you were hurt in a crash in San Jose, you generally have two years from the date of the accident to file a lawsuit for personal injuries. While getting back to normal life is your priority, missing this deadline means you could lose your right to receive money for your medical bills and pain. California law is strict about these deadlines, but knowing the rules puts you in a better position to make smart decisions.

The deadline varies depending on who caused the accident and the nature of your injuries. Certain exceptions can shorten the window dramatically — particularly when a government vehicle is involved — while others may give you additional time. Understanding which rules apply to your situation is essential before the clock runs out.

The Alexander Law Group LLP team in San Jose has decades of experience helping seriously injured clients navigate these deadlines and fight for the full compensation they deserve.

Key Takeaways about the Statute of Limitations in a California Car Accident Claim

• The standard deadline to file a personal injury lawsuit in California is two years from the date of the incident.
• Claims involving government entities, such as a city bus or county vehicle, usually require filing a claim within six months.
• Minors generally have until their 20th birthday to file a lawsuit for injuries sustained before they turned 18.
• The deadline for property damage claims is three years, which is longer than the deadline for bodily injury.
• Specific circumstances, such as the defendant leaving the state, may pause the clock on the statute of limitations.

Exceptions That Shorten the Timeline: Government Claims

There is a major exception to the two-year rule that catches many people off guard. If the vehicle that hit you belongs to a government entity, the timeline is much shorter. In San Jose, this could involve a VTA bus, a City of San Jose maintenance truck, or a Santa Clara County vehicle.

Under the California Government Code section 911.2, you generally must file an administrative claim with the proper government agency within six months of the accident. This is not a lawsuit yet; it is a formal notice to the government that you intend to seek money for your injuries.

If you miss this six-month window, you may be barred from suing the government, even if the two-year mark hasn’t passed yet.

• Identify if a government vehicle was involved immediately.
• Obtain the specific claim form for that city, county, or state agency.
• Submit the paperwork precisely as instructed by the agency.

Handling claims against the government requires quick action and strict attention to detail.

Exceptions That Extend the Timeline

While some rules shorten your time, others might give you more time. These are called “tolling” exceptions. Tolling essentially means hitting the pause button on the legal clock.

Minors

If a child under the age of 18 is injured in a car accident, the two-year statute of limitations typically does not start running until they turn 18. This means they usually have until their 20th birthday to file a lawsuit. This rule exists because minors do not have the legal capacity to file a lawsuit on their own.

Incapacity

If the accident caused such severe injuries that the person is mentally incapacitated or in a coma, the clock may stop running for the duration of that incapacity. Once the person recovers the ability to understand their legal affairs, the clock starts again.

Defendant Leaves the State

If the driver who hit you leaves California after the accident, the time they spend outside the state might not count toward the two-year limit. This prevents people from causing an accident and then hiding in another state to wait out the deadline.

Delayed Discovery

Sometimes, an injury does not show up right away. Under the “delayed discovery” rule, the clock might start when you discovered, or reasonably should have discovered, the injury. However, in car accidents, this is rare because the impact usually provides immediate notice of harm.

Wrongful Death Claims

Tragically, some car accidents in Santa Clara County result in the loss of a life. If you have lost a loved one due to a driver’s negligence, the rules are slightly different.

A wrongful death claim allows surviving family members to seek compensation for funeral costs, loss of income, and the loss of companionship. The statute of limitations for a wrongful death claim in California is generally two years from the date of death, not necessarily the date of the accident.

• Eligibility: Generally, the spouse, domestic partner, or children of the deceased can file.
• Damages: This covers financial support the deceased would have provided and emotional loss.
• Timing: While you have two years, starting sooner helps preserve evidence of the accident itself.

Losing a family member is devastating, and while no money can replace them, these claims help provide financial stability for those left behind.

Property Damage Has a Different Deadline

It is important to separate your body from your car when looking at legal deadlines. While you typically have two years for bodily injury, you have three years to file a lawsuit for damage to your personal property.

According to Code of Civil Procedure section 338, this three-year limit covers repairs to your vehicle or replacement of personal items that were inside the car, like a laptop or phone broken in the crash.

• Vehicle Repairs: This covers body work, engine repair, and repainting.
• Total Loss: If the car is wrecked beyond repair, you seek the fair market value.
• Personal Items: This includes glasses, electronics, or car seats damaged in the collision.

Even though you have more time for property damage, it is usually smart to handle both injury and property claims at the same time to avoid confusion.

Why Acting Early Matters for Your Claim

Even though the law gives you two years, waiting until the last minute is rarely a good idea. Building a strong case takes time. Your legal team needs to gather police reports, medical records, and witness statements.

In a busy city like San Jose, evidence vanishes quickly.

• Security Cameras: Businesses near Santana Row or downtown often record over their footage within days or weeks.
• Witnesses: People who saw the crash move away or forget specific details about traffic lights or speed.
• Road Conditions: Construction zones change, and skid marks fade from the pavement.

Starting the process early gives your representatives the best chance to secure the proof needed to show the other driver was at fault.

Dealing With Insurance Adjusters

Soon after the accident, you will likely hear from insurance companies. This includes your own insurer and the insurance company for the other driver. It is vital to remember that insurance companies are businesses focused on saving money.

They often train their adjusters to settle claims quickly and for as little money as possible. They might offer you a “quick check” to cover your initial bills. Accepting this often requires you to sign a release, which ends your right to ask for more money later — even if you find out you need surgery months down the road.

Common Tactics to Watch For:

• Recorded Statements: They may ask for a recorded statement to “clear things up.” Anything you say can be used against you later.
• Downplaying Injuries: They might suggest your pain is from an old injury or that you aren’t hurt as badly as you say.
• Delaying: Sometimes, they drag out communication, hoping you will get desperate and accept a low offer.

You are not required to give a recorded statement to the other driver’s insurance company. It is often safer to let a professional handle these communications for you to protect your rights.

Understanding Comparative Negligence

California follows a “pure comparative negligence” rule. This means that even if you were partly to blame for the accident, you can still recover money for your damages. However, your compensation will be reduced by your percentage of fault.

For example, if a jury decides you were 20% at fault for speeding, but the other driver was 80% at fault for running a red light, you would receive 80% of the total award.

• Do not admit fault at the scene or to insurance adjusters.
• Let the investigation determine who was truly responsible.
• Even if you made a mistake, you may still have a valid claim.

This rule makes it even more critical to file well within the statute of limitations so there is ample time to investigate and prove liability.

Statute of Limitations in a California Car Accident Lawsuit FAQs

Below are answers to common questions regarding filing deadlines and time limits for injury claims in San Jose and throughout California.

Does the timeline change if I didn’t know I was injured right away?

Yes, this is possible under the “delayed discovery” rule, which allows the statute of limitations to start from the date you discovered or reasonably should have discovered the injury. However, in car accident cases, courts rarely apply this rule because the collision itself is considered sufficient notice that an injury could exist. Relying on this exception is risky, so it is safer to assume the two-year clock started on the day of the crash.

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What happens if the deadline falls on a weekend or holiday?

If the statute of limitations expires on a Saturday, Sunday, or a recognized court holiday, the deadline typically extends to the next business day. For example, if your two-year anniversary falls on a Sunday, you would generally have until the following Monday to file your lawsuit. It is unwise to wait until the very last day, as unforeseen technical issues could still jeopardize your filing.

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Can I file a lawsuit if I am already negotiating a settlement?

Yes, and often you must. Negotiating with an insurance company does not stop the statute of limitations clock. If you are close to the two-year deadline and the insurance company has not agreed to a settlement, you must file a lawsuit to protect your rights. Once the lawsuit is filed, settlement negotiations can continue, but your right to sue is preserved.

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Does the statute of limitations apply to passengers as well?

Yes, passengers injured in a car accident have the same rights and are subject to the same two-year statute of limitations as drivers. A passenger can file a claim against the driver of the other car or, in some cases, the driver of the car they were riding in if that driver was negligent. The deadline remains two years from the date of the accident.

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Is there a different deadline for filing against a rideshare company like Uber or Lyft?

Generally, the standard two-year statute of limitations applies to accidents involving rideshare vehicles. However, the complexity comes in determining who to sue and whose insurance applies. If a government entity is involved in any way — for example, if the rideshare accident involved a city bus — the six-month government claim deadline would still apply.

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We Win People the Money They Need for a Lifetime

If you are worried about the statute of limitations or dealing with an uncooperative insurance company, you do not have to fight this battle alone. Alexander Law Group, LLP represents people, not cases. We understand that a serious injury changes your quality of life, and we fight to make corporations and insurance companies pay what you are truly owed.

We have a reputation for outstanding verdicts and recoveries in San Jose and across the nation. Our team works on a contingency fee basis, meaning we do not get paid unless we win your case. Do not let the clock run out on your rights.

Call us today for a free, confidential consultation to discuss your case.