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Statute of Limitations for a Car Accident Claim in Torrance, CA | Legal Deadlines

car-accident · By Payam Soliemanzadeh, Esq. · September 22, 2026

Written and reviewed by Payam Soliemanzadeh, Founder and President — Updated September 22, 2026

If you've been injured in a collision on the 405, Pacific Coast Highway, or any other Torrance roadway, understanding California's statute of limitations is critical to protecting your right to compensation. Missing a filing deadline can bar your claim forever.

In California, the statute of limitations for a car accident personal injury claim is two years from the date of the collision under CCP §335.1. If your claim involves a government entity, you must file an administrative claim within six months under Gov. Code §911.2. Property damage claims have a three-year deadline under CCP §338.

Every day, drivers navigate the busy intersections of Torrance, merging onto Interstate 405 (San Diego Freeway), Interstate 110 (Harbor Freeway), and State Route 1 (Pacific Coast Highway). Whether you're commuting along Hawthorne Boulevard or crossing Crenshaw Boulevard, the risk of a collision is real. When an accident happens, the physical injuries, vehicle damage, and financial stress can be overwhelming—but one of the most critical issues facing injured victims is often invisible: the ticking clock of California's statute of limitations.

Understanding the deadlines that govern your legal right to seek compensation is not optional. In Torrance and throughout Los Angeles County, missing a filing deadline can extinguish your claim entirely, no matter how severe your injuries or how clear the other driver's fault. This article explains the statute of limitations for car accident claims in California, the critical distinctions between personal injury and property damage deadlines, special rules when government entities are involved, and what these rules mean for Torrance residents filing in the Southwest District of the Los Angeles Superior Court.

If you've been injured in a collision, time is of the essence. While this guide provides an authoritative overview, every case is unique, and consulting a qualified car accident attorney as soon as possible is essential to preserving your rights.

The Two-Year Personal Injury Deadline Under CCP §335.1

California Code of Civil Procedure section 335.1 establishes a two-year statute of limitations for personal injury claims arising from car accidents. This means you have two years from the date of the collision to file a lawsuit in court seeking compensation for bodily injuries, pain and suffering, lost wages, and related damages. The clock starts on the date the accident occurred, not the date you discovered your injuries or finished treatment.

For example, if you were rear-ended on Torrance Boulevard on March 15, 2024, you would have until March 15, 2026, to file a personal injury lawsuit. If you attempt to file on March 16, 2026, the court will almost certainly dismiss your case as untimely, and you will lose your right to recover any compensation for your injuries, regardless of the severity of your harm or the clarity of the other driver's negligence.

It is important to understand that the two-year deadline applies to filing a lawsuit in court, not to settling a claim with an insurance company. Many car accident claims are resolved through negotiation and settlement without ever filing a lawsuit. However, if settlement negotiations are ongoing and the two-year mark is approaching, your attorney may need to file a complaint to preserve your rights while continuing to negotiate. Waiting until the last moment is risky; gathering evidence, retaining experts, and preparing a complaint all take time.

The Six-Month Government Claim Deadline Under Gov. Code §911.2

If your car accident involved a government entity or employee—such as a city vehicle, county bus, or on-call government worker—an entirely different and much shorter deadline applies. Under California Government Code section 911.2, you must file a written administrative claim with the appropriate government agency within six months of the date of the accident. This is not a lawsuit; it is a prerequisite claim form that must be submitted before you are allowed to sue.

For instance, if a Los Angeles County maintenance truck collided with your vehicle on the Interstate 405 near Torrance, you would need to submit a government claim to Los Angeles County within six months. If the claim is denied or ignored, you may then file a lawsuit in court—but only after exhausting this administrative step. Failing to file the administrative claim within six months will generally bar you from pursuing any lawsuit, even if the two-year statute of limitations for personal injury has not yet expired.

Government claim rules are technical and unforgiving. The claim must be filed with the correct agency, include specific information, and comply with procedural requirements. Because the six-month window is so short, it is essential to identify potential government liability early and act quickly. Consulting an attorney immediately after an accident involving a public entity can mean the difference between preserving your claim and losing it forever.

Property Damage Claims: A Three-Year Deadline

While personal injury claims are subject to a two-year statute of limitations under CCP §335.1, claims for property damage—such as damage to your vehicle—are governed by a separate, longer deadline. Under California Code of Civil Procedure section 338, you have three years from the date of the collision to file a lawsuit seeking compensation for vehicle repairs, total loss value, or other property damage.

This distinction can be significant. If you were involved in a crash on Crenshaw Boulevard that totaled your car but left you with relatively minor injuries that resolved quickly, you might choose to pursue only a property damage claim. The three-year deadline gives you more time. However, if you suffered both personal injuries and property damage, the shorter two-year deadline for your injury claim controls your decision-making timeline. You cannot wait three years to file a lawsuit that includes both injury and property claims; the injury portion would be time-barred.

In practice, most car accident claims are resolved well before any statute of limitations expires. But understanding these deadlines is critical, particularly if liability is disputed, if you are treating for serious injuries over an extended period, or if insurance companies delay or deny your claim.

Exceptions and Tolling: When the Clock May Pause

California law recognizes limited exceptions that may pause or "toll" the statute of limitations under certain circumstances. These exceptions are narrow and fact-specific, and you should never rely on them without legal advice. However, they can be critical in cases involving minors, individuals lacking legal capacity, or defendants who leave the state.

If the injured party is a minor (under 18 years old) at the time of the accident, the two-year statute of limitations does not begin to run until the minor turns 18. This means a child injured in a collision on State Route 1 in Torrance would have until their 20th birthday to file a personal injury lawsuit. However, if a parent or guardian is pursuing a claim on behalf of the minor for medical expenses or other damages, different rules may apply, and the standard two-year period may still govern those claims.

Another tolling provision applies if the defendant leaves California after the accident but before a lawsuit is filed. The time during which the defendant is out of state may not count toward the statute of limitations. This exception is less common in car accident cases, as most defendants remain in California, but it can arise in cases involving out-of-state drivers who return home after a collision.

Mental incapacity at the time of the accident may also toll the statute in limited circumstances. However, these exceptions are highly technical, and courts interpret them strictly. Relying on tolling is risky and should only be done with the guidance of an experienced attorney who can evaluate the specific facts of your case.

Why Acting Quickly Matters Beyond the Statute of Limitations

Even though you may have two years to file a lawsuit, waiting too long to begin the claims process can seriously harm your case. Evidence deteriorates, witnesses' memories fade, and crucial documentation can be lost. Skid marks disappear, surveillance footage is erased, and accident scenes change. The sooner you act, the stronger your case will be.

California law also imposes other important deadlines that are much shorter than the statute of limitations. Under Vehicle Code section 16000, you must file an SR-1 report with the California Department of Motor Vehicles within 10 days of any accident involving injury, death, or property damage exceeding $1,000. Failing to file this report can result in suspension of your driver's license. Vehicle Code section 20008 requires a written report to the police or California Highway Patrol within 24 hours if the accident involved injury or death. Vehicle Code section 16025 requires drivers to exchange information at the scene, including name, address, driver's license number, and insurance information.

Beyond these reporting obligations, early investigation and documentation are essential. Photographs of vehicle damage, the accident scene, traffic controls, and visible injuries preserve critical evidence. Medical records must be gathered and organized. Witness statements should be obtained while memories are fresh. Insurance companies often begin their investigations immediately, and if you delay, you may find yourself at a disadvantage when it comes time to negotiate or litigate your claim.

California's At-Fault System and the Role of Comparative Negligence

California is an at-fault state, meaning the driver responsible for causing the accident is liable for the resulting damages. This is distinct from no-fault insurance systems used in some other states. In California, you pursue compensation from the at-fault driver's insurance company, and if that fails, you may file a lawsuit against the driver personally.

California also follows a pure comparative negligence rule. Even if you were partially at fault for the accident, you may still recover damages, reduced by your percentage of fault. For example, if you were injured in a collision on Hawthorne Boulevard and a jury finds you 20 percent at fault and the other driver 80 percent at fault, you may recover 80 percent of your total damages. This rule applies in settlement negotiations and at trial, and it underscores the importance of thorough investigation and effective advocacy.

Understanding how comparative fault works is important when evaluating settlement offers. Insurance companies often argue that you share blame in an attempt to reduce their payout. An experienced attorney will gather evidence to minimize your attributed fault and maximize your recovery, but this process takes time—another reason to act quickly after a collision.

Local Details: Filing a Car Accident Lawsuit in Torrance

If you need to file a car accident lawsuit in Torrance, your case will be handled by the Southwest District of the Los Angeles Superior Court. The courthouse serving Torrance is the Torrance Courthouse, located at 825 Maple Avenue, Torrance, CA 90503. This facility handles a wide range of civil cases, including personal injury claims arising from collisions on local roadways and freeways.

Torrance sits in Los Angeles County, one of the largest and busiest court systems in the nation. The Southwest District serves a diverse community, and the courthouse is familiar with the heavy traffic and collision patterns along Interstate 405, Interstate 110, and State Route 1 (Pacific Coast Highway), as well as major surface streets such as Hawthorne Boulevard, Crenshaw Boulevard, and Torrance Boulevard. Judges and court staff in this district understand the local geography, traffic flow, and the practical realities of litigating car accident cases in this area.

If you are seriously injured in a collision, you may be transported to Harbor-UCLA Medical Center, located at 1000 West Carson Street, Torrance, CA 90509. Harbor-UCLA is a Level I trauma center, meaning it provides the highest level of surgical and emergency care for critically injured patients. Medical records from Harbor-UCLA and other treating providers will form a key part of your personal injury claim, documenting the nature and extent of your injuries, the treatment you received, and the costs you incurred. Gathering these records early and ensuring they are complete and accurate is essential to building a strong case.

Understanding these local details is not merely academic. Knowing where to file, which court rules apply, and how to coordinate medical records and evidence in the Southwest District can affect the efficiency and outcome of your case. An attorney familiar with Torrance and Los Angeles County will be better equipped to navigate these practical considerations on your behalf.

Insurance Requirements and Financial Responsibility

California law requires all drivers to carry automobile liability insurance and to demonstrate financial responsibility after an accident. Vehicle Code section 16056 addresses financial responsibility requirements, and as of January 1, 2025, the minimum liability coverage in California increased to $30,000 per person for bodily injury, $60,000 per accident for bodily injury, and $15,000 for property damage (often referred to as 30/60/15 limits). Prior to that date, the minimum was 15/30/5, which often left injured victims severely undercompensated.

Even with the increased minimums, many at-fault drivers carry only the bare minimum coverage, which may be insufficient to fully compensate you if you suffer serious injuries in a crash on the Interstate 405 or Torrance Boulevard. This is where uninsured and underinsured motorist (UM/UIM) coverage becomes critical. California law requires insurance companies to offer UM/UIM coverage to their policyholders, and you may waive it only in writing. If the at-fault driver is uninsured or underinsured, your own UM/UIM policy can provide additional compensation.

Understanding your own insurance policy and the at-fault driver's coverage limits is an important early step in any car accident claim. Your attorney can help you identify all available sources of recovery and structure your claim to maximize compensation within the statute of limitations.

Frequently Asked Questions

What happens if I miss the two-year statute of limitations deadline?

If you fail to file a lawsuit within two years of the date of your car accident under CCP §335.1, the court will almost certainly dismiss your case, and you will lose your right to recover compensation for your injuries. There are very limited exceptions, and you should never assume an exception applies without consulting an attorney immediately.

Does the statute of limitations apply if I am negotiating with the insurance company?

Yes. The two-year deadline to file a lawsuit runs regardless of whether you are negotiating a settlement with an insurance company. If the deadline is approaching and settlement talks are ongoing, your attorney may need to file a complaint in court to preserve your rights while continuing to negotiate.

How do I know if my accident involves a government entity?

If the at-fault driver was operating a city, county, state, or federal vehicle, or if the accident was caused by a dangerous condition on a government-owned road, your claim may involve a government entity. In such cases, you must file an administrative claim under Gov. Code §911.2 within six months. Because this deadline is very short, it is critical to consult an attorney as soon as possible after the accident.

Can I still file a claim if I was partially at fault for the accident?

Yes. California follows a pure comparative negligence rule, which means you may recover damages even if you were partially at fault. Your recovery will be reduced by your percentage of fault. For example, if you are found 30 percent at fault, you may recover 70 percent of your total damages.

What is the deadline for property damage claims?

Under CCP §338, you have three years from the date of the accident to file a lawsuit for property damage to your vehicle. However, if you are also pursuing a personal injury claim, the two-year deadline for bodily injury will control your overall timeline.

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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.