Q: How long do I have to file a car accident lawsuit in California?
California’s statute of limitations for personal injury claims is two years from the date of injury under CCP § 335.1. Several exceptions apply: if the injured person is a minor, the two-year clock does not begin until their 18th birthday. If the defendant is a government entity or public employee, a government tort claim must be filed within six months of the incident before any lawsuit can proceed. If injuries were not immediately apparent—covered by the “discovery rule”—the limitations period may begin from the date you knew or reasonably should have known of the injury and its cause. Missing the applicable deadline permanently forfeits your right to sue, regardless of how strong your evidence is.
Q: What should I do if the other driver disputes the damage evidence or claims I caused the accident?
Do not argue fault at the scene or in direct communications with the other driver or their insurer. Let the physical evidence speak: thorough photographs taken immediately after impact, the police report, and witness statements create an evidentiary record that is extremely difficult to contradict after the fact. If the other driver gives a conflicting account, your attorney can respond with expert damage reconstruction, traffic camera footage, and event data recorder (EDR) information from both vehicles. EDR data—often called the vehicle’s “black box”—records pre-collision speed, braking inputs, and acceleration in the final seconds before impact, providing objective corroboration that disputes narrative-only defenses effectively.
