How Long Do I Have to File a Car Accident Lawsuit?

If you were injured in a motor vehicle collision in Orange County because of another driver’s negligence, it is essential to understand the time limits California law places on filing a lawsuit. These deadlines, known as statutes of limitations, are not flexible. If you miss them, you will likely lose your right to seek compensation in court, regardless of the seriousness of your injuries. Knowing these deadlines and acting within them is the foundation of protecting your legal rights after a crash.

The Two-Year Rule for Personal Injury Claims

Most car accident lawsuits in California that involve personal injury are subject to a two-year statute of limitations. This requirement is set forth in California Code of Civil Procedure § 335.1.

In practice, this means that if your accident occurred in Orange County on July 1, 2023, you must file your personal injury lawsuit no later than July 1, 2025. Filing on July 2, 2025, would almost certainly result in dismissal. Courts strictly enforce this deadline because statutes of limitations are designed to promote fairness, prevent stale claims, and encourage timely resolution of disputes.

Property Damage Claims

A car accident frequently involves more than just bodily injury. Damage to your vehicle or other personal property is a common component of these cases. Claims for property damage fall under a different statute. California Code of Civil Procedure § 338 allows three years to bring an action for damage to personal property.

If you are only seeking to recover the costs of repairing or replacing your vehicle, you have up to three years from the date of the collision. However, if your claim includes both bodily injury and property damage, the shorter two-year limit on injury claims usually controls the litigation strategy. In Orange County, where heavy traffic often results in accidents involving both injury and significant vehicle damage, this distinction is important.

Claims Against Government Entities

Special rules apply when the negligent party is a government employee or a public agency. For example, if you were struck by a city bus or a county vehicle, you cannot simply rely on the general two-year statute of limitations. Instead, you must comply with California Government Code § 905 and California Government Code § 911.2. Under this law, you must file an administrative claim with the government entity within six months of the date of the accident.

If you fail to file the government claim within this six-month window, you generally lose the right to pursue a lawsuit. Once the claim is filed, the agency has 45 days to respond. If the claim is rejected, you then have only six months from the date of rejection to file a lawsuit in court. These deadlines are shorter and more complex than the standard rules, so prompt legal action is especially important when a public entity is involved.

Exceptions That May Extend the Deadline

Although statutes of limitations are generally strict, California law provides for limited circumstances where the deadline may be extended. These exceptions are known as “tolling” provisions. For instance:

• If the injured party was a minor at the time of the accident, the statute of limitations for personal injury typically does not begin to run until the minor turns 18. At that point, the individual has two years, or until their 20th birthday, to file a lawsuit.
• If the defendant leaves California after the accident and before the lawsuit can be filed, the statute of limitations could be tolled until the defendant returns.
• If the injured person is deemed mentally incapacitated, the time could also be tolled until the disability ends.

These tolling provisions are narrowly interpreted and applied. They do not erase the importance of acting quickly after an accident.

Why Acting Quickly Matters

Even though the statute of limitations may allow two years, waiting until the last minute is rarely advisable. Evidence in car accident cases can become more difficult to secure over time. Skid marks fade, vehicles are repaired or sold, and surveillance footage may be erased. Witnesses may forget details or move away. Prompt action allows your attorney to investigate thoroughly, preserve critical evidence, and build the strongest possible case.

In Orange County, where major freeways like the I-5, 405, and 55 see heavy traffic and high accident rates, evidence often involves multiple drivers, commercial vehicles, and insurance carriers. Early involvement of legal counsel ensures that accident reconstruction experts, medical professionals, and other specialists can be engaged while information is fresh and accessible.

Contact an Orange County Car Accident Lawyer Samer Habbas

If you have been injured in a motor vehicle collision in Orange County, knowing the statute of limitations is only the first step. The deadlines are strict, the rules differ depending on whether the case involves a private driver or a government entity, and exceptions are rare. Protecting your rights requires not only filing within the statutory period but also building a case that meets the evidentiary standards required in California courts.

The personal injury attorneys at Law Offices of Samer Habbas & Associates have extensive experience representing car accident victims throughout Orange County. We understand the statutes that apply, how local courts enforce them, and the strategies required to hold negligent drivers accountable. Do not assume you have plenty of time. The sooner you act, the stronger your case will be.

If you or a loved one has been injured in a car accident, contact Law Offices of Samer Habbas & Associates by calling 949-727-9300 or contacting us online for a free consultation. We will review your case, explain your legal options, and pursue the compensation you are entitled to under California law.