Reviewed by Adrianos Facchetti, Esq.
One of the most important questions to ask if you were recently injured in an accident in California is the one people put off the longest: how much time do you really have? It all depends on what kind of accident it was and who’s involved, but if you miss the deadline, you may lose your right to recover anything at all, no matter how strong your case is.
How Long Do You Have to Make a Personal Injury Claim in California?
For the majority of California personal injury cases, you have a two-year window from the date of the injury to file a lawsuit. This includes such common scenarios as car accidents, slip and falls, dog-bites and other injuries caused by someone else’s negligence.
Two years seems like a long time, but when you consider medical treatment, insurance back-and-forth and everyday life, it passes by faster than you expect. And once that window closes, California courts will almost always refuse to hear your case, even if you were clearly injured through no fault of your own.
A few situations can adjust this timeline:
- If the injury is not immediately apparent (some injuries take time to show up), the clock may start running when you should have reasonably discovered the injury, not the date of the accident.
- For minors, the statute of limitations generally does not start until the minor turns 18.
These exceptions are narrow, though, so you can’t ever assume you have more time than the standard two years without confirming it.
Is Filing an Insurance Claim the Same as Filing a Lawsuit?
No, and that’s one of the biggest points of confusion after an accident.
Filing an insurance claim is your way of telling an insurance company (whether it’s yours or the other party’s) that an accident took place and you’re seeking compensation. This is usually the first step, and many claims are resolved this way without ever going to court.
If the insurance claim does not resolve fairly, you take a separate legal action called filing a lawsuit. This is if the insurer denies the claim, offers too little, or simply drags on.
Here’s the part that surprises people: working with an insurance company does not stop or push out your legal deadline to file a lawsuit. If the two-year window lapses while you’re still in negotiations with an adjuster, you could lose your right to sue even though the insurance negotiations are still under way. This is one of the main reasons why it is dangerous to allow settlement talks to drag on without watching the calendar.
What If the Accident Only Caused Property Damage?
California’s statute of limitations guidelines state that if your accident caused damage to your car or other property, but no injury, you typically have three years from the date of the damage to file a claim.
That’s a longer window than personal injury claims, but the same principle applies: don’t assume you have all the time in the world. If you have both property damage and a physical injury in your case, the shorter two-year deadline for the injury claim is the most important because it will likely affect your overall case.
What If a Government Vehicle or Public Entity Was Involved?
This is where the timeline gets dramatically shorter, and this is one of the most important things to know early on.
If your accident was with a government vehicle, city bus, county-owned vehicle, hazardous condition on public property, or any other situation involving a government agency, California law normally requires you to file a formal claim with that government entity within six months of the incident (California Government Code Section 911.2).
Six months is a small percentage of the typical two-year window, and many accident victims don’t learn this rule applies until it’s too late. Examples of accidents to which this rule may apply are:
- A collision with a city vehicle or public transportation bus
- A fall caused by a broken sidewalk or a failure to maintain public property
- Injury at public school, park or government building
If you think a government agency was involved in your accident, then that six-month period is your real deadline (not two years).
Why You Should Not Wait to Start Your Claim
Even when your legal deadline is two or three years away, waiting to start the process can quietly damage your claim. Here’s what tends to go wrong:
- Evidence disappears: Skid marks fade, vehicles get repaired or scrapped, and physical evidence from the scene becomes harder to recover.
- Witness memory fades: People who saw the accident may forget key details within weeks, not years.
- Camera footage gets erased: Traffic cameras, business surveillance, and dashcam footage are often automatically deleted within days or weeks unless someone requests it be saved.
- Medical records create gaps: Delays in treatment can make it harder to connect your injuries directly to the accident.
- Insurance companies use delay as a strategy: The longer a claim sits, the more chances an insurer has to dispute it or pressure you into a low settlement.
- You may feel rushed into a quick settlement: Without time on your side, it’s easier to accept less than your claim is actually worth.
Starting early protects your options, even if you don’t end up needing the full legal deadline.
What to Do After an Accident in California
If you’ve been involved in an accident, taking the following steps can help protect your health and your legal rights:
- See a doctor immediately, even if you feel fine. Some injuries might not present symptoms right away.
- If it is a car accident or any incident that involves injury, call the police and get an official report.
- Photograph the scene, the vehicles, any injuries that can be seen, and anything else that might be relevant like road conditions or damaged property.
- Get the witness information, names, and contact information while people are still around.
- If a government entity may be involved, report the claim to the appropriate insurance company and to the government entity immediately.
- Track every medical appointment, bill, missed work, and contact with insurance companies.
- Don’t settle too soon until you know the full extent of your injuries and losses.
When Should You Talk to a Lawyer?
Not every accident requires a lawyer, but it’s worth having a conversation if any of the following apply to your situation:
- Your injuries are serious or ongoing
- Fault is disputed or unclear
- The insurance company is delaying, denying, or lowballing your claim
- A government vehicle or public property may be involved
- You’re not sure which deadline applies to your specific case
A short conversation with a Burbank personal injury lawyer can help you understand where you stand before a deadline becomes a problem, especially in cases involving government entities where the window is so short.
Speak With a Burbank Personal Injury Lawyer
Every accident case is different, and deadlines can shift depending on the details of what happened to you. If you’re unsure how much time you have or what steps to take next, it helps to talk to someone who can look at your specific situation.
The Law Offices of Adrianos Facchetti offers free consultations to help you understand your options, with no pressure and no obligation.
Call (626) 793-8607, free consultation, 24 hours a day.
This article is for general information only and is not legal advice. Every case is different, and deadlines can vary based on the specific facts involved. Speak with a licensed attorney about your situation.
