California Statute of Limitations for Personal Injury: Every Deadline That Matters
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This page was written and reviewed by Michael J. Cefali, Esq. Attorney Cefali is a founding partner of Cefali & Cefali, APC, based in San Juan Capistrano, CA. He holds a Juris Doctor from Chapman University Fowler School of Law and a B.A. in Global Studies & Maritime Affairs from the California Maritime Academy. Widely recognized for his advocacy in personal injury law, he has secured multi-hundred-thousand-dollar settlements in motorcycle accidents, hit-and-runs, and red-light collision cases. He maintains a perfect 10.0 “Superb” rating on Avvo.
Beyond his legal practice, Mr. Cefali actively supports his community through the Rotary Club of San Juan Capistrano, contributes to housing and meal programs for those in need, and enjoys fishing and spending time with his rescue dogs.
The date below reflects when this page was last reviewed for accuracy. Please see our Editorial Guidelines.
California Statute of Limitations for Personal Injury: Every Deadline That Matters
California gives most injured people two years to bring a personal injury lawsuit, counted from the day of the injury (Code of Civil Procedure section 335.1). If a city, county, school district or other public agency caused the harm, the first deadline is much shorter: you have six months to submit a written claim to that agency (Government Code section 911.2).
Those two rules cover most accident cases, but the full picture has more dates in it: a three-year limit for vehicle damage, a pause for injured children, a two-year rule for uninsured motorist claims, and a few situations where the clock starts late. The table and sections below lay out each one. The rules below reflect California law as of November 2026, and the exact date in your case depends on facts a lawyer should check.
What is the statute of limitations for personal injury in California?
It is two years for most cases. Section 335.1 of the Code of Civil Procedure applies that limit to injuries caused by someone's wrongful act or neglect, which takes in car, truck and motorcycle crashes, pedestrian and bicycle accidents, slip and falls, dog bites, and assaults.
The two years usually run from the day you were hurt, and the deadline is for filing a lawsuit in court, not for calling an insurance company. If the deadline passes without a lawsuit on file, the at-fault party can ask the court to dismiss the case, and the insurer no longer has a reason to offer anything.
California injury deadlines at a glance
Type of claim
Deadline
California or federal law
Personal injury (crash, fall, dog bite, assault)
2 years from the injury
Code of Civil Procedure 335.1
Wrongful death
2 years from the date of death
Code of Civil Procedure 335.1
Damage to your car or other property
3 years from the damage
Code of Civil Procedure 338(c)
Claim against a city, county, school district or state agency
6 months to present a written claim
Government Code 911.2
Lawsuit after a public agency rejects your claim
6 months from a written rejection notice (2 years if no notice)
Government Code 945.6
Late claim to a public agency
Application within 1 year of the injury
Government Code 911.4
Uninsured motorist claim with your own insurer
2 years to sue the driver, settle, or demand arbitration
Insurance Code 11580.2(i)
Crash with a federal vehicle (for example, a mail truck)
2 years to file an administrative claim
28 U.S.C. 2401(b)
Injured child (non-government claim)
Clock paused until age 18, so usually until the 20th birthday
Code of Civil Procedure 352
Medical malpractice follows its own, shorter rules under Code of Civil Procedure section 340.5 and is not covered here. Wrongful death claims use the same two-year limit as injury claims; see who can bring a California wrongful death claim.
How long after an accident can you file a claim?
You should report an accident to the insurance company within days, but you have two years from the injury to file a lawsuit if the claim does not settle. Those are separate deadlines, and missing either one causes different problems.
Here is how the main dates line up after a typical California car crash:
DMV SR-1 form: due within 10 days when anyone was hurt or property damage tops $1,000, under Vehicle Code section 16000. Our SR-1 guide walks through it.
Your own insurer: most policies require "prompt" notice, so call within a day or two even if you were not at fault.
The at-fault driver's insurer: no statute sets a deadline to open the claim, but every week of delay makes injuries easier to question. Once you file, California regulations set insurer response deadlines that the company must meet.
Lawsuit: two years from the injury under section 335.1, or three years if only property was damaged.
An open insurance claim does not pause the lawsuit deadline. Adjusters sometimes let negotiations drift toward the two-year mark, so a case that has not settled by roughly the 18-month point should be prepared for filing. Our overview of every accident reporting deadline goes deeper on the early dates, and the typical timeline once a lawsuit is filed shows what comes next.
What if the at-fault party is a city?
If a city, county, state agency or other public entity is responsible, you must file a written government claim with that agency within six months of the injury before you can sue. That rule, in Government Code section 911.2, applies to crashes with city buses, police cars and school district vehicles, and to injuries caused by dangerous public property such as a broken sidewalk or a missing stop sign.
After the claim is filed, the process moves on its own clock:
The agency has 45 days to respond under Government Code section 912.4. If it does nothing, the claim is treated as rejected.
If the agency sends a written rejection, you have six months from the date it was mailed or delivered to file a lawsuit under Government Code section 945.6.
If no written rejection is ever sent, the lawsuit deadline becomes two years from the injury.
If you missed the six-month window, you can ask permission to file a late claim, but the request must be made within one year of the injury under Government Code section 911.4, and the agency or a court must approve it.
The federal government follows different rules. A crash with a postal truck or other federal vehicle requires an administrative claim within two years under 28 U.S.C. section 2401(b) (the Federal Tort Claims Act), and you cannot sue the federal driver directly in state court.
Are there exceptions for minors?
Yes. When the injured person is under 18, Code of Civil Procedure section 352 pauses the statute of limitations until the 18th birthday, so a child hurt in a crash usually has until age 20 to file a personal injury lawsuit.
Three limits on that rule catch families off guard:
Government claims are not paused. Section 352(b) says the minority pause does not apply to claims against public entities. A child hit by a school bus still needs a government claim filed within six months, although Government Code sections 911.4 and 911.6 make a late claim easier to win for a minor if it is requested within one year.
Parents' own claims run on their own clock. A parent's claim for the medical bills they paid for an injured child can carry a separate deadline, so waiting until the child turns 18 is risky.
Section 352 also pauses the deadline for an adult who lacked the legal capacity to make decisions when the injury happened, such as someone left in a coma by a crash.
Other rules that can delay or shorten the deadline
A few situations change when the two years start or how long you really have:
The discovery rule. When an injury or its cause is not reasonably knowable right away, the clock may start when you discover it or should have discovered it. The California Supreme Court explained this rule in Jolly v. Eli Lilly & Co. (1988) 44 Cal.3d 1103 and Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4th 797. It rarely helps in an ordinary car crash, where the injury is known on day one.
Uninsured motorist claims. If the driver who hit you was uninsured, Insurance Code section 11580.2(i) requires you, within two years of the accident, to sue that driver, reach an agreement with your insurer, or formally demand arbitration by certified mail. See how uninsured motorist coverage limits work in California.
When the at-fault person dies. A claim against someone who has died generally must be filed within one year of the death under Code of Civil Procedure section 366.2, even if that is sooner than two years from the crash.
What happens if you miss the deadline?
In most cases the claim is over. The defense raises the statute of limitations, the court dismisses the lawsuit, and the injury, the bills and the lost wages stay with you regardless of how clear the other side's fault was. Insurance adjusters track these dates closely, and offers often drop once the deadline has passed.
Filing also takes time to prepare. Medical records, the police report, witness statements and a damages calculation all need to be in hand, and a lawyer has to identify every responsible party before filing. Starting in the last few weeks leaves little room if a second defendant, such as an employer or a public agency, turns up. If you are weighing whether to handle a claim yourself first, our article on filing an insurance claim or getting a lawyer first walks through the trade-offs.
Talk to a California injury lawyer before the clock runs out
Cefali & Cefali tracks every deadline in a case from the first call, including the six-month government claim and the two-year uninsured motorist rule that people most often miss. Michael J. Cefali and Courtney L.C. Cefali look at injury claims free of charge, and Michael's verdicts and settlements over his career add up to more than $60 million. To talk about your deadline, call (949) 325-7790 or visit our Orange County personal injury attorneys page.
Statute of limitations FAQs
What is the statute of limitations for personal injury in California?
Two years, counted from the injury date, for most cases (Code of Civil Procedure section 335.1). The rule reaches crashes, falls, dog bites and most other injury claims, and wrongful death claims also get two years, counted from the death.
How long after an accident can you file a claim?
Report the crash to your insurer within a day or two and to police within 24 hours if anyone was hurt. The insurance claim itself has no fixed statutory deadline, but if it does not settle you must file a lawsuit within two years of the injury, or three years for property damage only.
What if the at-fault party is a city?
Submit a written claim to the city, county or agency within the first six months (Government Code section 911.2). If the claim is rejected in writing, you then have six months from the rejection notice to sue; a late-claim request is possible only within one year of the injury.
Are there exceptions for minors?
Yes. Code of Civil Procedure section 352 pauses the deadline until an injured child turns 18, so most children have until age 20 to sue. The pause does not apply to claims against public agencies, which still require a government claim within six months.
Does an open insurance claim stop the statute of limitations?
No. Negotiating with an adjuster does not pause the two-year lawsuit deadline, so a claim that has not settled well before the two-year mark needs to be prepared for filing.
Is the deadline different for car damage?
Yes. Property damage, such as repairs to your vehicle, has a three-year limit under Code of Civil Procedure section 338(c), while bodily injury from the same crash has two years.
Michael Cefali is a dedicated accident attorney based in San Juan Capistrano, California, committed to securing justice and fair compensation for accident victims.
A graduate of Newport Harbor High School, he went on to earn his Bachelor’s degree in Global Studies and Maritime Affairs from the California Maritime Academy, followed by his Juris Doctor from Chapman University School of Law.
Deeply invested in his community, Michael is an active member of the Rotary Club of San Juan Capistrano, contributing to efforts that provide meals, housing, and support to those in need. Outside of his legal work and volunteer service, he enjoys fishing in Dana Point and spending time with his three rescue dogs—a Chihuahua, a Spaniel mix, and a Shepherd mix.
Driven by his strong belief in justice and fairness, Michael remains steadfast in advocating for individuals harmed by the negligence or inaction of others.
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