When a car crash turns your life upside down, legal deadlines are probably the last thing on your mind. But waiting too long to act could cost you everything. In California, the two-year statute of limitations for a car accident starts ticking the moment an accident happens. If you miss the deadline, you may lose your right to recover compensation.
At Henderson Law, we’ve built a reputation as a trusted force for California injury victims over the past 30 years. Led by trial attorney Michael Henderson, our firm has recovered over ten million dollars for clients facing life-changing injuries, wrongful deaths, and complex legal challenges. We have the resources, strategy, and dedication you need. If you’ve been in a car accident and need answers, we’re the firm that knows how to protect your rights from day one.
What Is the Statute of Limitations for a Car Accident?
The statute of limitations for a car accident in California is two years from the accident date. You have two years to file a lawsuit against the at-fault party for injuries or wrongful death.
But what exactly is a statute of limitations? In simple terms, it’s a legal time limit. After that deadline, you generally lose your right to bring your case to court. The best way to help ensure your case is filed on time is to speak with a qualified car accident attorney as soon as possible.
What Happens If I Miss the Deadline?
If you miss the statute of limitations, your case may be dismissed outright, no matter how strong your evidence or serious your injuries are. You won’t be able to recover compensation.
That’s why acting early is crucial. The longer you wait, the harder it becomes to gather evidence, locate witnesses, and build a solid case. At Henderson Law, we move quickly to preserve your claim and help ensure you don’t lose your right to recovery.
Why Is There a Statute of Limitations?
You might wonder why the law puts a time limit on holding someone accountable for causing harm. It can feel unfair, especially if you’re still dealing with the aftermath of a serious crash. But statutes of limitations aren’t meant to hurt victims. They exist to protect the fairness and integrity of the legal process. Here are the main reasons these limits exist.
Preserve Evidence
Time can erase essential details. Physical evidence can disappear or degrade. Vehicle damage may be repaired, debris cleaned, and road conditions altered. Surveillance footage might be deleted after a set period.
By filing a claim promptly, you increase the likelihood of preserving crucial evidence before it’s lost.
Fairness
The law aims to balance the rights of the injured with the rights of the accused. Without a statute of limitations, defendants could be forced to defend against lawsuits based on events that happened decades ago.
Statutes of limitations provide closure. They encourage people to act while the facts are still fresh and protect everyone from having legal disputes hanging over their heads indefinitely.
Witness Memory
Eyewitness testimony is often one of the most powerful tools in a car accident case. But memory is fragile. Over time, even honest witnesses may forget important details, mix up timelines, or become uncertain about what they saw.
Delaying a claim increases the risk that witnesses won’t remember clearly or may become unavailable. That can weaken your case. Acting quickly helps ensure witness statements are as accurate and impactful as possible.
Are There Exceptions to the California Statute of Limitations?
Yes, but they are rare and very fact-specific. If you think too much time has passed, don’t assume you’re out of options. Certain exceptions can “toll” or “pause” the statute of limitations, extending the deadline in unique situations.
You should consult a car accident attorney before assuming your case is over. Below are some exceptions recognized under California law.
Discovery Rule
Not all injuries are immediately apparent. Sometimes, the physical effects of a crash don’t show up until days, weeks, or even months later. The discovery rule may apply in cases where the injured person didn’t know—and reasonably couldn’t have known—that they had suffered harm related to the accident.
In these cases, the statute of limitations may begin when the injury was discovered. For example, if brain trauma due to a crash went undiagnosed for months, the deadline would start from the point of discovery.
Out of State
If the person responsible for the accident leaves California after the crash and before a lawsuit is filed, the time they are absent from the state may not count toward the statute of limitations. In other words, the clock may pause while they are gone.
This exception helps prevent defendants from avoiding accountability simply by stepping outside state lines.
Under the Age of Majority
When a car accident victim is a minor (under age 18), California law allows the statute of limitations to pause until the injured person turns 18. At that point, the regular two-year deadline begins.
For example, a 16-year-old injured in a car crash typically has until their 20th birthday to file a personal injury lawsuit.
Lack of Legal Capacity
If the injured person lacks the mental capacity to make legal decisions, the statute of limitations may be paused during the period of incapacity. Once capacity is restored, the statute begins to run.
In Prison
If a person is in prison for a criminal charge or serving a sentence that is not a life term, the law may allow the statute of limitations to pause for a limited time while they remain incarcerated.
Speak to a Seasoned California Car Accident Lawyer
Every day, injured people lose the chance to file a valid claim because they waited too long. Don’t let that happen to you.
At Henderson Law, we’ve been helping accident victims across California recover the compensation they deserve since 1995. Attorney Michael Henderson is a battle-tested trial lawyer who has stood up to insurance companies and defense teams in court for decades.
If you’re not sure whether you’ve missed your car accident statute of limitations or just need someone to guide you, we’re ready to help. Contact Henderson Law today to schedule your free, no-obligation consultation. The sooner we talk, the more we can do to protect your future.
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