Car Accident Statute of Limitations in Encino

By Payam Soliemanzadeh, Founder and President

Key takeaways

• Two-year personal injury deadline under CCP §335.1; six months for government claims under Gov. Code §911.2.
• Cases are filed at Van Nuys Courthouse East, 6230 Sylmar Avenue, Van Nuys, CA 91401.
• Severe injuries from U.S. 101 or Interstate 405 crashes often require Dignity Health Northridge Hospital treatment.
• Property damage claims have a three-year statute of limitations under CCP §338.

Encino sits at the junction of the U.S. 101 Ventura Freeway and Interstate 405, both among Los Angeles County's deadliest corridors. High-speed merges, sudden stops near Balboa Boulevard and Ventura Boulevard intersections, and freeway gridlock produce hundreds of collisions each year. When those crashes cause injury, the clock starts immediately.

Understanding California's strict time limits is not optional. A missed filing deadline means no lawsuit, no settlement, and no compensation—regardless of fault or injury severity. The rules differ depending on who caused the collision and the type of loss you suffered.

The two-year personal injury deadline

California law grants injured plaintiffs two years to file suit against a private party under Code of Civil Procedure §335.1. The clock begins on the collision date, not the date you discover your injury or finish treatment. If you were struck on Ventura Boulevard on March 1, 2024, your deadline is March 1, 2026.

This deadline applies to bodily injury claims: medical expenses, lost wages, pain and suffering, and future care costs. Waiting until the last week risks procedural mistakes that close the courthouse door. California courts rarely grant extensions, even when a plaintiff was hospitalized at Dignity Health Northridge Hospital Medical Center for weeks after the crash.

Government claims and the six-month rule

If a Los Angeles County bus, a Caltrans maintenance truck, or a city-owned vehicle struck you on White Oak Avenue, you face a much shorter deadline. Government Code §911.2 requires a written administrative claim within six months of the collision. The claim must name the agency, describe the incident, and state the dollar amount sought.

The agency has 45 days to respond. If it denies or ignores your claim, you then have six additional months to file suit in Los Angeles Superior Court at Van Nuys Courthouse East. Missing the initial six-month window forfeits your right to sue, even if the government driver ran a red light at Balboa Boulevard and caused catastrophic injuries.

Property damage and discovery exceptions

Vehicle repair and replacement claims carry a three-year statute under Code of Civil Procedure §338. You may settle your injury claim in year one and still pursue property damage in year two. The deadlines run independently, though filing both early preserves leverage and avoids lost records from body shops and tow yards along the 405 corridor.

California recognizes a narrow discovery rule: the clock may start when you discover an injury that was not immediately apparent. This exception applies in limited scenarios—exposure to toxic cargo after a big-rig crash on the 101, for example—but never extends the deadline merely because you did not consult an attorney. Courts construe the rule strictly, and relying on it is risky without documentation.

Local details

If you file within the statute of limitations, your Encino car accident lawsuit will be heard at Van Nuys Courthouse East, located at 6230 Sylmar Avenue, Van Nuys, CA 91401, which serves the Northwest District of Los Angeles Superior Court. You will need a completed summons, a complaint stating each defendant's role, and proof of service. The court clerk date-stamps your filing; that date determines whether you met the deadline.

Severe injuries from collisions on the U.S. 101 Ventura Freeway or Interstate 405 San Diego Freeway often require emergency transport to Dignity Health Northridge Hospital Medical Center, an 18300 Roscoe Boulevard Level II trauma center in Northridge. Medical records from that facility become critical evidence of causation and damages. Meanwhile, under Vehicle Code §20008, you must file a written report with the California Highway Patrol within 24 hours if anyone was injured, and Vehicle Code §16000 requires an SR-1 report to the DMV within ten days if damages exceed $1,000 or anyone was injured or killed.

Frequently Asked Questions

Does the two-year deadline apply if I was partially at fault?

Yes. California follows pure comparative negligence, allowing you to recover even if you were mostly responsible. Your award is reduced by your percentage of fault. The two-year filing window under CCP §335.1 still applies, and government claims still require six-month notice under Gov. Code §911.2, regardless of shared liability.

Can I file after two years if the other driver had no insurance?

No. The statute of limitations runs whether the defendant carried coverage or not. Uninsured-motorist claims against your own insurer are also subject to policy deadlines, often shorter than two years. California requires carriers to offer UM/UIM coverage, but you may have waived it in writing when you purchased your policy.

What happens if I settle with the insurer before filing suit?

A signed release extinguishes your claim, even within the two-year window. Insurers often press for quick settlements after crashes on Ventura Boulevard or Balboa Boulevard before the full extent of soft-tissue or traumatic brain injuries emerges. Once you sign, reopening the case is nearly impossible, even if new symptoms appear later.

Does the deadline change if the at-fault driver was intoxicated?

No. The two-year personal injury statute applies to all car accident claims, including DUI crashes. Intoxication may support a claim for punitive damages under Civil Code §3294, which requires proof of malice, oppression, or fraud, but it does not extend the filing deadline or alter the six-month government claim requirement.

Related reading

• Car Accident Practice Area
• Encino Car Accident Information
• What Should I Do Immediately After a Car Accident in Culver City, CA? Expert Legal Guidance
• What Should I Do Immediately After a Car Accident in La Mirada, CA? | Legal Guide

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.