The aftermath of a car accident is often overwhelming. Between medical treatment, missed work, and dealing with insurance companies, the last thing most people think about is a legal deadline.
Yet in California, the law places strict time limits on how long you have to claim injury after a crash. Missing these deadlines can mean permanently losing your right to recover compensation for medical bills, lost wages, and pain and suffering.
If you’re wondering how long after a car accident you can claim injury in California, the answer depends on several factors. At Compass Law Group, our experienced attorneys are here to help accident victims in California understand their rights and the time limits for filing a claim.
This guide will explain the state’s statute of limitations, exceptions, and why it’s essential to act quickly—even if your injuries don’t appear right away.
What Is the Statute of Limitations for Car Accident Claims in California?
In personal injury law, the statute of limitations sets the deadline for filing a lawsuit. These time limits are designed to ensure cases are handled while evidence is still fresh and to prevent indefinite legal uncertainty.
In California, the rules are clear:
- Personal injury claims: You generally have two years from the date of the accident to file a lawsuit (California Code of Civil Procedure § 335.1).
- Property damage claims: You have three years to pursue compensation for damage to your vehicle or other property.
If you miss these deadlines, the court will almost certainly dismiss your case, no matter how strong your evidence is or how severe your injuries may be. This means you could lose your right to financial recovery entirely.
To illustrate, imagine you were rear-ended in Los Angeles and suffered whiplash. If you don’t file your injury claim within two years, you forfeit the chance to seek damages from the at-fault driver. Even if your medical bills continue piling up, the law prevents you from holding the negligent driver accountable.
This is why working with an experienced Los Angeles car accident attorney early on is so important. An attorney not only handles the legal paperwork but also tracks deadlines to make sure your right to compensation is preserved.
How Long After a Car Accident Can You Claim Injury?
One of the most common questions accident victims ask is: What if I didn’t realize I was injured right away?
It’s a valid concern. Some injuries don’t show immediate symptoms. Conditions like whiplash, concussions, and internal bleeding may not surface until days or even weeks later. This delay can cause confusion about when the “clock” starts ticking for your legal claim.
Here’s how California law treats it:
- Date of accident: In most cases, the statute of limitations begins on the date the accident occurred.
- Date of discovery: If your injuries weren’t apparent until later, the statute may begin from the date you reasonably discovered—or should have discovered—the injury. This is known as the discovery rule.
For example, someone involved in a minor fender bender might walk away feeling fine. Weeks later, they could develop chronic back pain linked to the accident. Under the discovery rule, the deadline to file their injury claim may be extended to account for the later discovery.
It’s also important to distinguish between filing a lawsuit and making an insurance claim. While lawsuits are bound by the two-year statute of limitations, insurance companies often require notification within days of the accident. Delaying too long could lead to claim denial, even if you’re still within the legal filing window.
This is why it’s best to seek medical care immediately after any accident and to consult an attorney as soon as possible. By documenting injuries early, you create a clear link between the accident and your medical condition, strengthening both your insurance claim and potential lawsuit.
Exceptions to California’s Statute of Limitations
While California’s two-year deadline is strict, the law recognizes that not every case is straightforward. Several exceptions can extend—or “toll”—the statute of limitations in specific circumstances:
- Minors: If the injured person is under 18 at the time of the crash, the two-year clock doesn’t start until their 18th birthday. This allows children to file a claim once they reach adulthood.
- Government entities: Claims against government agencies (such as city buses or state vehicles) have a much shorter window. Under the California Government Claims Act, you typically have just six months to file an administrative claim.
- Discovery rule: If injuries are not immediately apparent, the statute may start when the injury is discovered or reasonably should have been discovered. This is especially relevant for conditions like traumatic brain injuries or internal bleeding.
- Defendant unavailable: If the at-fault driver leaves California or cannot be located, the deadline may be paused until they return.
- Mental or physical incapacity: If the victim is unable to take legal action due to incapacitation, courts may extend the filing period.
Each exception has complex legal requirements. That’s why relying on online timelines alone can be risky. It’s best to have a lawyer evaluate your situation to determine whether an exception applies.
Insurance Deadlines vs. Legal Deadlines
A common point of confusion for accident victims is the difference between insurance reporting deadlines and lawsuit filing deadlines.
- Insurance deadlines: Most insurance companies require that accidents be reported within days, sometimes as soon as 24–72 hours after the collision. If you wait too long, your insurer may deny coverage altogether.
- Legal deadlines: In contrast, the statute of limitations for filing a lawsuit in California is measured in years, generally two for personal injury and three for property damage.
Why does this matter? Because even if you’re technically within the two-year filing window, your insurance company might reject your claim if you didn’t notify them promptly. This can make recovering damages much harder.
This distinction is especially important with uninsured/underinsured motorist (UM/UIM) claims. If you don’t report the accident to your insurer quickly, you may lose the chance to access this coverage, even though you were not at fault.
The takeaway: Notify your insurance company as soon as possible, but also consult with a lawyer about preserving your long-term legal rights.
What If You Don’t Realize You’re Injured Right Away?
Delayed injuries are one of the main reasons people ask how long after an accident they can claim injury. Some conditions take time to develop, and ignoring them can be dangerous both medically and legally.
Common delayed injuries include:
- Traumatic brain injuries (TBI): Symptoms such as memory problems, headaches, or mood changes may appear days later.
- Internal bleeding: Often hidden until serious complications develop.
- Soft tissue injuries: Whiplash, sprains, and strains can worsen over time.
- Psychological trauma: Post-traumatic stress disorder (PTSD) and anxiety may not be immediately noticeable.
Under California’s discovery rule, victims are protected when injuries are not obvious right away. Courts recognize that you can’t be expected to file a claim for harm you didn’t know existed.
That said, medical documentation is critical. Seeing a doctor promptly after a crash not only protects your health but also creates a paper trail linking the injury to the accident. Without this, insurance companies are more likely to dispute delayed claims, arguing the injury came from something else.
This is why attorneys emphasize immediate medical evaluation even if you “feel fine” after the crash. Early treatment strengthens your case and helps ensure you stay within legal timelines.
Steps to Take Immediately After a Car Accident to Protect Your Rights
The choices you make in the hours and days following a car accident can make or break your claim. Acting quickly preserves evidence, documents your injuries, and ensures you don’t miss critical deadlines.
Here are the most important steps:
- Seek medical care immediately — Even if your injuries seem minor, a doctor can detect hidden trauma like concussions or internal bleeding. Medical records also provide the documentation needed for a successful claim.
- Report the accident — Call the police and file an official report. This creates an objective record of the crash, which can support your case later.
- Gather evidence — Take photos of the scene, get witness contact information, and keep copies of the police report. The sooner you collect this information, the stronger your claim.
- Notify your insurance company — Prompt reporting avoids disputes and ensures your coverage is preserved.
- Consult a personal injury attorney early — A lawyer will protect your rights, track deadlines, and help prevent mistakes that could weaken your case.
By following these steps, you build a foundation that supports both insurance claims and lawsuits, while avoiding the risk of missing California’s statute of limitations.
How California Courts Treat Missed Deadlines
California courts enforce statutes of limitations very strictly. Missing the deadline—even by a single day—usually results in automatic dismissal of the case. Judges rarely grant exceptions, and insurance companies know this.
Here’s why that matters:
- Loss of leverage: If the court dismisses your case, the other side has no incentive to negotiate a settlement.
- Permanent loss of compensation: You may be left to cover medical bills and lost wages on your own.
- No exceptions for good faith: Even if you didn’t know about the deadline, courts generally won’t extend it unless a legal exception applies (like minority or incapacity).
This is why lawyers often stress urgency. While you technically have two years, waiting too long can create unnecessary risk, especially if your injuries worsen or evidence fades.
Why You Shouldn’t Wait to File a Claim
California law gives you up to two years for most car accident injury claims, but waiting until the last minute is rarely in your best interest.
Here’s why:
- Evidence fades: Witnesses may forget details, accident scenes change, and physical evidence can be lost.
- Insurance disputes intensify: The longer you wait, the easier it is for insurance companies to argue your injuries weren’t caused by the accident.
- Medical records are strongest when recent: Immediate documentation ties your condition directly to the crash.
- Negotiations take time: Settling or preparing a lawsuit is a complex process. Early filing gives your attorney more leverage and prevents rushed, last-minute negotiations.
By acting quickly, you not only preserve your legal rights but also strengthen your bargaining position against insurers who often try to minimize payouts.
How an Experienced California Car Accident Attorney Can Help
Navigating California’s statute of limitations and exceptions is not something most people should attempt alone. An experienced attorney can make the difference between a dismissed case and a successful recovery.
A lawyer’s role includes:
- Tracking deadlines: Ensuring you never miss California’s strict filing requirements.
- Collecting evidence: From police reports to expert witnesses, attorneys know what’s needed to prove liability.
- Dealing with insurance companies: Attorneys negotiate aggressively to secure fair settlements and protect you from unfair tactics.
- Maximizing compensation: Beyond medical bills, a skilled attorney seeks damages for lost income, pain and suffering, and long-term care needs.
At Compass Law Group, our team brings deep knowledge of California personal injury law and a proven track record of results. We’ve recovered over $100 million for clients and stand by our No Win, No Fee Guarantee, meaning you pay nothing unless we win your case.
Speak with an Accident Attorney at Compass Law Group Today
Time is not on your side after a car accident. California’s strict deadlines mean that waiting too long can cost you your right to compensation. Whether your injuries appeared immediately or developed days later, the safest choice is to act now.
At Compass Law Group, we combine compassion with aggressive legal strategies to fight for your recovery. We offer free consultations and work on a contingency fee basis, so there’s no financial risk to you.
Don’t wait until the deadline passes. Contact us today to discuss your case with a Los Angeles car accident attorney who knows how to protect your rights.
Contact Compass Law Group to schedule your free consultation.
Frequently Asked Questions
How long after a car accident can you claim injury in California?
Most victims have two years from the date of the accident to file a personal injury lawsuit. Property damage claims have a three-year limit.
Can I file a claim after the 2-year deadline?
In most cases, no. Courts almost always dismiss claims filed late, unless an exception like the discovery rule or minority applies.
What if the accident involved a government vehicle?
Claims against government entities must be filed within six months under the California Government Claims Act.
Does the statute of limitations apply if I was partially at fault?
Yes. Even if you share fault, California’s comparative negligence system allows you to recover damages reduced by your percentage of fault, but only if you file within the deadline.
How does the timeline differ for wrongful death claims?
For wrongful death lawsuits related to car accidents, families generally have two years from the date of death to file.
