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Car Accident Statute of Limitations in Los Angeles
car-accident · By Sean Bina, Co-Founder and Partner ·
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California law gives you two years from the date of a car accident to file a personal injury lawsuit under CCP §335.1, but claims against government entities.
Under California Code of Civil Procedure §335.1, you have two years from the date of a car accident to file a personal injury lawsuit for injuries. If your claim is against a government entity—such as Los Angeles County or the city—you must file an administrative claim within six months under Government Code §911.2. Property damage claims carry a three-year deadline under CCP §338.
Under California Code of Civil Procedure §335.1, you have two years from the date of a car accident to file a personal injury lawsuit for injuries sustained in Los Angeles. If your claim is against a government entity—such as the city or Los Angeles County—you must file an administrative claim within six months under Government Code §911.2. Missing these deadlines typically bars recovery.
Key takeaways
- Personal injury claims have a two-year deadline under CCP §335.1 from the accident date.
- Government claims require six-month filing under Gov. Code §911.2 before any lawsuit.
- Stanley Mosk Courthouse at 111 North Hill Street handles Los Angeles car accident litigation.
- Property damage claims carry a separate three-year statute of limitations under CCP §338.
Los Angeles drivers navigate some of California's most congested corridors daily, from the Hollywood Freeway to Wilshire Boulevard and the Santa Monica Freeway. Collisions occur with frequency, and understanding your legal deadlines begins the moment impact occurs. The clock on your right to compensation starts ticking immediately.
Whether you were injured on the Golden State Freeway or at Olympic Boulevard and Figueroa Street, the statute of limitations controls when you may file suit. Los Angeles car accident claims follow strict statutory timelines, and missing them forfeits your remedy regardless of fault or severity.
The two-year personal injury deadline
California Code of Civil Procedure §335.1 imposes a two-year limitation period for bodily injury claims arising from motor vehicle collisions. The clock begins on the date of the accident. If you were struck on the Harbor Freeway on January 15, 2024, you must file your complaint in court no later than January 15, 2026. Courts dismiss late-filed cases without examining the merits.
The two-year window applies to claims for medical expenses, lost wages, pain and suffering, and permanent disability. It covers injuries treated at Los Angeles General Medical Center or any other facility. The same deadline governs whether one person or multiple occupants were injured. Each plaintiff's claim accrues on the collision date, and each must file within two years.
The six-month government claim requirement
When a government entity or employee causes the crash, Government Code §911.2 requires filing an administrative tort claim with that agency within six months of the accident. This prerequisite applies to collisions involving Los Angeles city vehicles, county buses, maintenance crews on the San Diego Freeway, or any public employee acting within the scope of employment. The claim must be presented before you may file suit.
If the agency denies your claim or fails to respond within 45 days, you then have six months from the denial or deemed rejection to file a car accident lawsuit. The two-year statute under CCP §335.1 does not override the six-month administrative deadline; both must be satisfied. Failure to timely file the claim forfeits your case, even if two years have not elapsed.
Property damage and discovery rule exceptions
Property damage claims—covering vehicle repair, diminished value, and personal belongings—carry a three-year statute of limitations under CCP §338. You may pursue property and injury claims together or separately, but each is governed by its own deadline. Settlements often resolve both simultaneously, yet the longer property-damage window persists if injury claims are abandoned or paid early.
The discovery rule postpones accrual when injury is not immediately apparent. If a latent condition surfaces months after a rear-end collision on the Interstate 405, the two-year clock may start when you discover, or reasonably should have discovered, the injury and its causal link to the crash. Courts scrutinize discovery claims closely; contemporaneous medical records and expert testimony often determine when accrual occurred.
Local details
Car accident lawsuits in Los Angeles are filed at the Stanley Mosk Courthouse, located at 111 North Hill Street, Los Angeles, CA 90012, in the Central District of Los Angeles Superior Court. The courthouse handles personal injury civil litigation for Los Angeles County residents and crashes occurring within its jurisdiction. You must file your complaint here before the applicable statute expires.
Serious injuries from collisions on Interstate 5, Interstate 10, U.S. 101, Interstate 110, or Interstate 405—as well as surface streets like Wilshire Boulevard, Figueroa Street, and Olympic Boulevard—often require transport to Los Angeles General Medical Center at 2051 Marengo Street, a Level I trauma center. Medical records from that facility and others document injury severity and causation, critical evidence when your claim proceeds to litigation. California Vehicle Code §20008 requires a written report to police or the California Highway Patrol within 24 hours of any injury crash, and Vehicle Code §16000 mandates filing form SR-1 with the DMV within 10 days when damage or injury exceeds the threshold. Compliance with reporting obligations preserves evidence and satisfies legal duties that may affect your civil claim.
Frequently asked questions
Does the statute of limitations change if I was a passenger?
No. Passengers injured in collisions are subject to the same two-year deadline under CCP §335.1, measured from the accident date. If the at-fault party was a government employee, the six-month administrative claim requirement under Government Code §911.2 applies equally. Your status as a passenger does not extend statutory deadlines, though you may have claims against multiple drivers.
What happens if I miss the statute of limitations?
Courts dismiss untimely claims with prejudice, meaning you lose your right to recover damages regardless of fault or injury severity. Rare equitable tolling applies only when extraordinary circumstances prevented timely filing—such as mental incapacity or fraudulent concealment by the defendant. Missing the deadline by even one day typically forfeits your claim permanently.
Can I still file if the other driver was never cited or arrested?
Yes. Civil liability is independent of criminal or traffic citations. California applies pure comparative negligence, so you may recover even if partially at fault, reduced by your percentage of responsibility. The two-year statute under CCP §335.1 runs regardless of whether the other driver received a ticket at the scene on the Hollywood Freeway or any other location.
Does the deadline differ for uninsured motorist claims?
The two-year statutory period under CCP §335.1 applies, but your insurance policy may impose shorter contractual notice and claim deadlines. Uninsured and underinsured motorist coverage in California must be offered at policy purchase and may be declined only in writing. Review your policy immediately after a collision to comply with both statutory and contractual time limits.
Related reading
- Car Accident Practice Area
- Los Angeles Car Accident Claims
- What Should I Do Immediately After a Car Accident in Cudahy, CA? Essential Steps
- 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
Sources
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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.