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What Is the Statute of Limitations for a California Car Accident Claim in Pomona, CA?

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 car accident in Pomona, California, understanding the statute of limitations is critical to protecting your right to compensation. Missing a filing deadline can permanently bar your claim, no matter how strong your case may be.

In California, the statute of limitations for most car accident personal injury claims is two years from the date of the collision under CCP §335.1. However, if a government entity is involved, you must file an administrative claim within six months under Gov. Code §911.2. Property damage claims have a three-year deadline, and certain exceptions may extend or shorten these time limits.

If you've been injured in a collision on State Route 60 (Pomona Freeway), Interstate 10 (San Bernardino Freeway), or along busy corridors like Garey Avenue in Pomona, understanding California's statute of limitations is essential. The law imposes strict deadlines for filing a car accident claim, and missing even one can mean losing your right to compensation forever—no matter how serious your injuries or how clear the other driver's fault may be.

Pomona sits at the heart of eastern Los Angeles County, where major freeways converge and daily traffic volumes create significant collision risk. Whether you were rear-ended at the intersection of Holt Avenue and Mission Boulevard or T-boned while merging onto State Route 71 (Chino Valley Freeway), knowing the time limits that govern your legal rights is the first step toward recovering the compensation you deserve.

This article explains the statute of limitations for car accident claims in California, how different deadlines apply depending on who is at fault, and what practical steps you should take to preserve your claim in Pomona and throughout Los Angeles County.

The Two-Year Personal Injury Deadline

Under California Code of Civil Procedure §335.1, you generally have two years from the date of the car accident to file a lawsuit for personal injuries. This statute applies to claims seeking compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from physical harm caused by another driver's negligence.

The clock begins running on the date of the collision itself. For example, if you were injured on March 15, 2024, you must file your lawsuit in court by March 15, 2026. If you attempt to file even one day late, the court will almost certainly dismiss your case, and you will lose the opportunity to recover any damages.

It is important to understand that the two-year deadline applies to filing a complaint in court, not simply to negotiating with an insurance company. Many people mistakenly believe that as long as they are in settlement discussions, the deadline does not matter. That is incorrect. Insurance negotiations do not stop the clock, and insurers are under no obligation to remind you of looming deadlines. If you wait too long, the insurer may simply deny your claim outright once the statute has expired.

The Six-Month Government Claim Deadline

If your car accident involved a government entity—such as a Los Angeles County transit bus, a city-owned vehicle, a public employee driving in the scope of employment, or even a dangerous road condition maintained by Caltrans or the City of Pomona—an entirely different and much shorter deadline applies. Under California Government Code §911.2, you must file a formal administrative claim with the appropriate government agency within six months of the date of the accident.

This six-month deadline is not a suggestion; it is a mandatory prerequisite to filing a lawsuit. If you fail to submit your claim within the six-month window, you will generally be barred from pursuing any legal action against the government entity, regardless of how strong your case may be. The claim must be submitted on the correct form, to the correct agency, and must include sufficient detail about the incident, your injuries, and the damages you seek.

Once the government receives your claim, it typically has 45 days to respond. If the claim is denied—or if the agency does not respond within the statutory period—you then have six additional months to file a lawsuit in court. Because these procedures are technical and unforgiving, it is often advisable to consult with an attorney as soon as possible after any collision involving a government entity.

Property Damage Claims Have a Separate Deadline

While personal injury claims are governed by the two-year statute under CCP §335.1, claims for property damage to your vehicle are governed by a separate three-year deadline under California Code of Civil Procedure §338. This means you have three years from the date of the accident to file a lawsuit seeking compensation for damage to your car, personal belongings inside the vehicle, or other tangible property.

In practice, most property damage claims are resolved through insurance negotiations long before the three-year deadline approaches. However, if the at-fault driver was uninsured, underinsured, or disputes liability, you may need to file a lawsuit to recover the full cost of repairs or replacement. Even though the property damage deadline is longer than the injury deadline, it is still a firm cutoff, and waiting too long can leave you without recourse.

Exceptions and Tolling of the Statute of Limitations

California law recognizes certain exceptions that may extend—or in legal terms, "toll"—the statute of limitations. These exceptions are narrow and fact-specific, but they can be critical in certain cases.

One common tolling provision applies to minors. If the injured person was 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 in Pomona would have until their 20th birthday to file a personal injury lawsuit, assuming no other tolling applies. However, the six-month government claim deadline is not tolled for minors, so a claim against a public entity must still be filed within six months by a parent or guardian on the child's behalf.

Another exception involves defendants who leave the state. If the at-fault driver leaves California after the accident and remains out of state for a continuous period, the time they are absent may not count toward the two-year deadline. This tolling provision is intended to prevent defendants from evading liability by fleeing the jurisdiction.

Additionally, if the injured party is mentally incapacitated and unable to manage their own affairs, the statute may be tolled during the period of incapacity. These situations are highly fact-dependent and often require medical documentation and legal analysis to establish.

Why Acting Quickly Matters Beyond the Statute

Even though you may have up to two years to file a lawsuit, waiting until the deadline approaches can seriously compromise the strength of your case. Evidence deteriorates over time. Witnesses' memories fade, accident scene photographs become harder to obtain, surveillance footage is often erased after 30 to 90 days, and medical records can be more difficult to retrieve as time passes.

California law also imposes other time-sensitive reporting requirements. Under Vehicle Code §16000, drivers involved in any accident resulting in injury, death, or property damage exceeding $1,000 must file an SR-1 report with the California Department of Motor Vehicles within 10 days. Failure to do so can result in suspension of your driver's license. Additionally, Vehicle Code §20008 requires a written report to police or the California Highway Patrol within 24 hours of any injury crash. While these reporting requirements do not directly affect the statute of limitations, they underscore the importance of acting promptly after a collision.

Moreover, California is an at-fault state, meaning the driver who caused the accident is responsible for the injured party's damages. Establishing fault often requires a thorough investigation, including obtaining the official traffic collision report, interviewing witnesses, consulting accident reconstruction experts, and reviewing medical records. All of these tasks take time, and starting early gives your attorney the best opportunity to build a compelling case.

Pure Comparative Negligence and Its Impact on Your Claim

California follows a rule of pure comparative negligence, which allows you to recover damages even if you were partially at fault for the accident. Your recovery will be reduced by your percentage of fault. For example, if you are found 30 percent at fault and your total damages are $100,000, you may recover $70,000.

Understanding this rule is important when considering the statute of limitations, because even if you believe you share some responsibility for the collision, you may still have a viable claim. The statute of limitations applies equally regardless of comparative fault, so you should not delay in consulting an attorney simply because you think you might have contributed to the accident.

Local Details

If you were injured in a car accident in Pomona and decide to file a lawsuit, your case will be heard in the Los Angeles Superior Court, East District. The courthouse serving Pomona is the Pomona Courthouse South, located at 400 Civic Center Plaza, Pomona, CA 91766. This facility handles civil cases, including personal injury lawsuits arising from traffic collisions in Pomona and the surrounding communities.

Pomona is situated in eastern Los Angeles County and is served by several major freeways and surface streets that see high traffic volumes daily. State Route 60 (Pomona Freeway), State Route 71 (Chino Valley Freeway), and Interstate 10 (San Bernardino Freeway) all run through or near the city, creating numerous opportunities for serious collisions. Major surface corridors such as Garey Avenue, Holt Avenue, and Mission Boulevard are heavily traveled and often the sites of intersection accidents, rear-end collisions, and pedestrian incidents.

If you are seriously injured in a collision in Pomona, you may be transported to Pomona Valley Hospital Medical Center, located at 1798 North Garey Avenue, Pomona, CA 91767. This facility is designated as a Level II trauma center and provides critical care for severe injuries resulting from motor vehicle accidents. Medical records generated at this hospital, including emergency department notes, diagnostic imaging, and treatment summaries, often become key evidence in personal injury claims.

Understanding these local details is important because the location of the accident, the courthouse where your case will be heard, and the medical facility where you were treated all play practical roles in how your claim is investigated, documented, and ultimately resolved or litigated.

Frequently Asked Questions

What happens if I miss the statute of limitations deadline?

If you fail to file your lawsuit within the applicable statute of limitations—two years for personal injury under CCP §335.1, or six months for a government claim under Gov. Code §911.2—the court will almost certainly dismiss your case. Once the statute has expired, you lose your legal right to pursue compensation, regardless of the severity of your injuries or the clarity of the other driver's fault.

Does the statute of limitations apply if I am still treating for my injuries?

Yes. The statute of limitations begins on the date of the accident, not the date you finish medical treatment or reach maximum medical improvement. Even if you are still undergoing therapy or surgery, the two-year deadline continues to run. It is critical to consult with an attorney well before the deadline, even if your treatment is ongoing.

Can I still file a claim if the at-fault driver has no insurance?

Yes. California law requires drivers to carry liability insurance, and under Vehicle Code §16056, all drivers must maintain financial responsibility. If the at-fault driver is uninsured, you may be able to recover compensation through your own uninsured motorist (UM) coverage, if you purchased it. The statute of limitations still applies to any lawsuit you file, whether against the uninsured driver or in an arbitration proceeding under your own UM policy.

What if the accident involved a city bus or public vehicle?

If your collision involved a government entity—such as a Los Angeles County Metropolitan Transportation Authority bus, a city-owned vehicle, or a public employee—you must file an administrative claim with the appropriate government agency within six months under Government Code §911.2. This is a prerequisite to filing any lawsuit, and missing this deadline will almost always bar your claim entirely.

How do I know when the statute of limitations starts if I did not realize I was injured right away?

In California, the statute of limitations for personal injury generally begins on the date of the accident, not the date you discovered your injury. There is a narrow "discovery rule" exception for injuries that could not reasonably have been discovered at the time of the accident, but this exception is applied sparingly and typically requires clear medical and factual evidence. If you suspect delayed injuries, consult an attorney immediately to determine whether the discovery rule may apply in your case.

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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.