How Long Do I Have to File a Personal Injury Lawsuit After a Hit-and-Run in Burbank, CA?

By Payam Soliemanzadeh, Founder and President

Key takeaways

• Two-year deadline under CCP §335.1 applies to hit-and-run injury claims in Burbank.
• Government claims require filing within six months at the Burbank Courthouse, 300 East Olive Avenue.
• Hit-and-runs on Interstate 5 or State Route 134 follow the same two-year rule.
• Huntington Hospital trauma records help prove injuries but do not extend the deadline.

Hit-and-run collisions on Interstate 5, State Route 134, and State Route 170 leave Burbank victims facing both physical injuries and legal uncertainty. When the at-fault driver flees, you still have the right to pursue compensation, but the clock starts immediately. Missing the filing deadline can mean losing your claim entirely, even if you later identify the driver.

Understanding how California's statute of limitations applies to your Burbank hit-and-run accident is essential. The two-year window under CCP §335.1 is firm, and exceptions are rare. Whether your collision occurred at Victory Boulevard and San Fernando Boulevard or on the Golden State Freeway, knowing when your deadline falls protects your legal rights.

The two-year statute of limitations under CCP §335.1

California Code of Civil Procedure section 335.1 gives you two years from the date of injury to file a personal injury lawsuit. This deadline applies whether you know the identity of the hit-and-run driver or not. The statute begins running the day the collision occurs, not the day you discover the driver's identity or insurance information. If you file even one day late, the court will dismiss your case.

The two-year rule governs claims filed in Los Angeles Superior Court, including the North Central District where Burbank cases are heard. If you were struck by a fleeing driver on Olive Avenue and later treated at Huntington Hospital in Pasadena, your deadline remains unchanged. Discovery of new evidence or delayed symptoms does not extend the filing window in most hit-and-run cases.

The six-month government claim requirement under Gov. Code §911.2

If the at-fault driver was a government employee acting within the scope of employment—such as a city maintenance worker or public transit operator—you must file an administrative claim with the relevant agency within six months. Gov. Code §911.2 imposes this shorter deadline before any lawsuit can proceed. Filing at the Burbank Courthouse without first submitting the administrative claim will result in dismissal.

Government entities include cities, counties, school districts, and state agencies. If a Los Angeles County vehicle struck you on San Fernando Boulevard and fled, you must identify the agency, file the written claim within six months, and wait for a response before filing suit. The two-year lawsuit deadline still applies, but the six-month administrative step comes first.

When the clock starts and tolling exceptions

The statute of limitations begins on the date of the collision, not the date you find the driver or receive a police report. If you were injured on State Route 170 on January 15, 2025, your deadline to file a lawsuit is January 15, 2027. California law recognizes limited tolling exceptions: if the plaintiff is a minor, the two-year period does not begin until the child turns eighteen.

Mental incapacity may also pause the clock, but physical injuries alone do not. If the hit-and-run driver leaves California, tolling may apply under certain circumstances, but those cases are fact-specific. In practice, most Burbank hit-and-run victims must file within the full two-year window. Waiting to locate the driver or hoping for a criminal conviction does not extend your civil filing deadline.

Local details

Hit-and-run personal injury lawsuits in Burbank are filed at the Burbank Courthouse, located at 300 East Olive Avenue, Burbank, CA 91502, part of the Los Angeles Superior Court's North Central District. The courthouse handles all civil filings for residents injured within Burbank city limits or on the freeways that pass through, including Interstate 5 (Golden State Freeway), State Route 134 (Ventura Freeway), and State Route 170 (Hollywood Freeway). Major surface corridors such as Victory Boulevard, Olive Avenue, and San Fernando Boulevard see frequent hit-and-run collisions, and all are subject to the same two-year deadline.

Victims with serious injuries are often transported to Huntington Hospital, a Level II trauma center at 100 West California Boulevard in Pasadena. Medical records from Huntington Hospital document the extent of your injuries and tie them to the collision date, which is critical for proving damages. Filing deadlines do not depend on where you received treatment, but thorough records support both liability and damages claims once your case is filed.

Frequently Asked Questions

Does the two-year deadline change if the driver is never found?

No. CCP §335.1 runs from the date of injury, not the date the driver is identified. You may file a lawsuit against a John Doe defendant within two years and amend the complaint later if you discover the driver's identity. Failing to file any action within two years bars your claim.

Can I still file a claim if I only have property damage?

Yes, but the deadline differs. Property damage claims carry a three-year statute of limitations under CCP §338. Personal injury claims—covering medical bills, lost wages, and pain and suffering—must be filed within two years. If you suffered both injury and property damage, the shorter deadline controls your injury claim.

What if the hit-and-run driver was uninsured or underinsured?

You may file a claim under your own uninsured motorist (UM) or underinsured motorist (UIM) coverage, which California insurers must offer. The two-year statute applies to UM/UIM claims as well. Your insurer may require notice and cooperation, but the filing deadline with the court remains the same as any other personal injury lawsuit.

Does filing a police report extend my deadline?

No. Vehicle Code §20001 requires drivers involved in injury collisions to stop, and Vehicle Code §20002 covers property damage, but neither statute extends your civil filing deadline. Reporting the hit-and-run to the California Highway Patrol or Burbank police creates a record, but CCP §335.1 governs your lawsuit deadline independently.

Related reading

• Hit-and-Run Accident Practice Area
• Burbank Hit-and-Run Accident
• Hit-and-Run in Glendale: How You Can Still Recover
• Highlight The Importance Of Seeking Legal Help In Hit-and-Run Cases

Attorney advertising. This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.