Posted April 12, 2023 - by Law Offices of J.Chrisp
Founding Attorney
In California, you generally have two years from the date of a car accident to file a personal injury lawsuit and three years to sue for damage to your vehicle. If a city, county, Caltrans or other public entity was involved, a written claim is usually due within six months. The Law Offices of J. Chrisp answers 877-J-CHRISP (877-524-7477) 24/7 and offers a free consultation.
| Deadline | What it applies to | Source |
|---|---|---|
| 10 days | DMV report (SR-1) by the driver if anyone was hurt or killed, or property damage is over $1,000 | Vehicle Code section 16000 |
| 6 months | Written claim against a city, county, Caltrans or other public entity for injury or death | Government Code section 911.2 |
| 6 months after rejection | Lawsuit after a public entity rejects the claim in writing | Government Code section 945.6 |
| 2 years | Personal injury lawsuit, and wrongful death lawsuit (from the date of death) | Code of Civil Procedure section 335.1 |
| 3 years | Lawsuit for vehicle and other property damage | Code of Civil Procedure section 338 |
These are general rules. The facts of a case can change which deadline applies, so confirm your dates with a lawyer early.
Most car accident injury lawsuits must be filed within two years under Code of Civil Procedure section 335.1. The clock usually starts on the day of the crash.
The deadline is for filing a lawsuit in court. Opening a claim with an insurance company is not the same as filing a lawsuit. If the deadline passes, the lawsuit can be barred, so it matters to know your date even if you hope to settle.
A lawsuit for damage to your car or other property must be filed within three years under Code of Civil Procedure section 338. The longer property deadline does not extend the two-year deadline for your injuries, so plan around the shorter one.
When a public entity may be responsible, the timeline is much shorter. Examples include a crash with a county vehicle, a city bus or a Caltrans truck, or a crash caused by a dangerous road condition.
A private driver and a public entity can both be involved in the same crash. In that case, the six-month claim deadline still applies to the public entity.
When the injured person is under 18, the two-year deadline is generally paused until they turn 18 (Code of Civil Procedure section 352). This pause does not apply to a lawsuit against a public entity on a claim that must first be presented to it, or to the six-month government claim. A child hurt in a crash with a public vehicle still needs a claim filed on time.
When someone dies in a crash, the family’s wrongful death lawsuit generally must be filed within two years of the death under section 335.1. If a public entity may be responsible, the six-month claim deadline above also applies. Those who may bring the claim include a spouse, domestic partner and children (Code of Civil Procedure section 377.60).
A driver involved in the crash must report it to the DMV on form SR-1 within 10 days if anyone was injured or killed or property damage is over $1,000 (Vehicle Code section 16000). The SR-1 is a DMV report, not an insurance claim or a lawsuit.
Most personal injury lawsuits from a car accident must be filed within two years of the crash under Code of Civil Procedure section 335.1. Lawsuits for vehicle damage have three years under section 338.
Filing an insurance claim does not meet the deadline. The two-year deadline is for filing a lawsuit in court, and an insurance claim is not a lawsuit.
A written claim for injury or death must be presented within six months under Government Code section 911.2. If it is rejected in writing, the lawsuit is due within six months after the written rejection notice is delivered or mailed (Government Code section 945.6).
The two-year lawsuit deadline is generally paused until the child turns 18 under Code of Civil Procedure section 352. That pause does not apply to the six-month claim against a public entity, or to a lawsuit against a public entity that requires that claim.
A wrongful death lawsuit generally must be filed within two years of the date of death under Code of Civil Procedure section 335.1. If a public entity may be responsible, a written claim is due within six months (Government Code section 911.2). If the claim is rejected in writing, the lawsuit is generally due within six months after the notice is delivered or mailed (Government Code section 945.6).
If you are not sure which deadline applies to your crash, call the Law Offices of J. Chrisp 24/7 at 877-J-CHRISP (877-524-7477) for a free consultation. There is no fee unless we win.
The Law Offices of J. Chrisp is a Northern California personal injury law firm founded by attorney Jesse Chrisp, who was raised in Lake County. The firm represents injured people, with offices in Lower Lake (main office), Santa Rosa and San Francisco, and serves Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area. Consultations are free, the firm works on a contingency fee with no fee unless the firm wins, and the phone is answered 24/7 at 877-J-CHRISP (877-524-7477). The firm was named to Best Law Firms 2026 (Tier 1, Santa Rosa, Personal Injury Litigation – Plaintiffs). Jesse Chrisp has been recognized by The Best Lawyers in America since 2024 and selected to Super Lawyers from 2023 to 2026.
Can I Still Recover If I Was Partly at Fault in California? (link once published)
Hit by an Uninsured Driver in California (link once published)
What to Do After a Car Accident in California If You’re Injured (link once published)
Code of Civil Procedure section 335.1, section 338, section 352 and section 377.60, California Legislative Information
Government Code section 911.2, section 911.4 and section 945.6, California Legislative Information
Vehicle Code section 16000, California Legislative Information
Attorney Advertising. This page provides general information about California law and is not legal advice for any specific situation. Prior results do not guarantee a similar outcome. Last updated October 2026.
Since founding his law firm in 2010, Jesse Chrisp has built a reputation as a dedicated personal injury trial attorney serving Northern California’s Bay Area.
He has represented thousands of injured clients and holds the record for the highest personal injury verdict in Lake County. Mr. Chrisp was selected to Northern California Rising Stars from 2013 to 2019, an honor awarded to only 2.5% of attorneys in the state.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Jesse Chrisp, who has been continuously recognized as a leader in personal injury law since starting his law firm in 2010.
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