California Accident Claim Deadlines

Different claims. Different deadlines.

General rules; your facts and claim type matter.

• 2 years

  Private-party injury lawsuit

  Usually from the injury date.

• 3 years

  Private-party property damage

  Usually from the damage date.

• 6 months

  Government claim presentation

  Generally from accrual; a lawsuit comes later.

Exceptions apply. A claim is different from a lawsuit.

California accident deadlines at a glance

These are general starting points for common negligence claims, not a calculation of your filing date. “Accrual” means the point when the legal claim arises; it is often the injury date, but exceptions can change that analysis.

The ordinary injury and property periods are summarized in the California Courts deadline guide. Government claim presentation is addressed in Government Code section 911.2, and the separate lawsuit periods appear in section 945.6.

Do not treat six months as 180 days. Calendar rules, triggering events, holidays, service methods, and special statutes need to be checked before selecting an exact date.

An insurance claim is different from a lawsuit

Opening an insurance claim, sending medical bills, or discussing settlement generally does not replace filing a lawsuit on time. A police report, DMV report, or complaint to a government office also does not automatically satisfy a required government damages claim.

If an adjuster says the file remains open, ask what that means for the legal deadline. Do not assume ongoing negotiations, continued treatment, or a verbal assurance gives you extra time. A possible extension, tolling agreement, or other exception needs its own legal review.

California Courts explains how an injury case proceeds in its personal injury guide. The goal is to preserve the right to pursue the case while the injuries and evidence are still being evaluated.

Government claims involve separate steps

A collision involving a city vehicle, public transit, a government employee acting within the scope of employment, or an allegedly dangerous public roadway may raise public-entity issues. A private driver and a government entity can have different deadlines arising from the same crash.

1Identify the entity and present the claim

For covered injury, death, and personal-property claims, the general presentation period is six months from accrual. Confirm the responsible entity, the required recipient, the claim contents, and the accepted submission method. Save the completed claim and proof of presentation.

The California Courts government-claim guide explains how to locate forms and submission information. The Department of General Services filing page is a starting point for State of California claims; it is not the universal filing office for cities, counties, or transit agencies.

2Track the response and every notice

A public entity generally has 45 days to act on a presented claim. Amendments and written extensions can change that schedule. If the entity does not act within the applicable period, the claim is generally deemed rejected. See Government Code section 912.4.

Save every response, mailing envelope, delivery record, and agreement. A notice about a late claim is not necessarily the same as a rejection of a timely claim.

3Review the deadline to sue

A written rejection that meets the statutory notice requirements generally starts a six-month lawsuit period when personally delivered or placed in the mail. If no compliant written notice is given, section 945.6 generally supplies two years from accrual, with applicable exceptions and adjustments.

Do not assume silence guarantees two years: a later compliant notice can affect the deadline. Missing the initial claim requirement is also a separate problem. Have the actual notice and claim history reviewed, rather than relying on the letter's heading alone. See Government Code section 945.6.

If the six-month government claim period was missed

Act promptly. There may be a procedure to request permission to present a late claim. Under Government Code section 911.4, the application generally must be presented within a reasonable time, not exceeding one year from accrual, with statutory exceptions in how that period is counted. It must explain the delay and include the proposed claim.

This is not an automatic extra six months. Timeliness, the reason for the delay, and the applicable grounds for relief all matter. Minority, incapacity, death, or qualifying mistake or excusable neglect can require particular facts and proof.

If the late-claim application is denied or deemed denied, a court petition for relief generally has its own six-month deadline. If the court grants that relief, section 946.6 requires the lawsuit within 30 days afterward. These are different procedural steps. A rejection letter should be reviewed to identify which step it concerns. See Government Code section 946.6.

Important exceptions and situations to flag

A child was injured

For many private-party injury claims, minority can pause the lawsuit limitation period. The public-entity rules differ: do not wait until the child turns 18 to investigate a government claim. Code of Civil Procedure section 352 expressly excludes covered government claims from its ordinary tolling rule. Separate late-claim relief may be available under specific conditions. See section 352 and the government relief provisions above.

An injury or its cause was discovered later

Delayed discovery can affect when some claims accrue. The analysis includes when the problem was discovered and when reasonable diligence should have revealed it. A later diagnosis or learning the full cost of an injury does not automatically restart the clock. Keep the medical timeline and explain what was known when. See the California Courts explanation of discovery and tolling.

The injured person lacked legal capacity

Statutory incapacity rules can affect some deadlines, but being in pain, receiving treatment, or being unable to work is not automatically the same as lacking legal capacity. Government late-claim relief has its own rules. Preserve medical records and the dates of any guardianship or conservatorship. See Code of Civil Procedure section 352 and Government Code section 946.6.

A person died, or a federal vehicle was involved

A fatal collision may involve both wrongful-death and survival claims. Death of a potential defendant can also raise separate estate procedures. Provide all relevant dates rather than assuming the ordinary injury timeline answers every question.

Claims involving a federal employee, such as certain postal-vehicle collisions, use a different process from California state and local claims. The U.S. Department of Justice explains federal administrative presentation, the generally applicable two-year presentation period, and the need to state a specific dollar amount in its Federal Tort Claims Act forms guidance. A separate federal lawsuit deadline may follow; do not apply the California table to a federal claim.

Insurance, reporting, and evidence have other timelines

Notify your insurer promptly and review the policy. Uninsured- and underinsured-motorist matters can involve special notice, suit, settlement, or arbitration requirements. A claim number alone does not establish that those requirements have been met. See the California Department of Insurance auto guide.

A DMV accident report is separate from a damages claim or lawsuit. The DMV requires an SR-1 within 10 days when the crash causes an injury, death, or more than $1,000 damage to any one person's property. See the DMV financial-responsibility guidance.

Evidence can disappear before a legal deadline expires. Save original photos and video, witness details, vehicle information, letters, and medical records. For commercial-truck crashes, some covered electronic driving records need be retained only six months; that is a record-retention rule, not your filing deadline. See FMCSA electronic logging guidance.

What to bring for a deadline review

You do not need a complete file before asking for help. Start with what you have:

• The accident date, location, and report number.
• Names of drivers, companies, public agencies, and insurers involved.
• The injured person's age and any relevant dates of incapacity or death.
• Copies of government claims, submission receipts, and all responses.
• Rejection letters with envelopes, mailing dates, and delivery records.
• Insurance policies, claim letters, settlement communications, and any arbitration documents.
• Any lawsuit papers, court orders, or written deadline agreements.

Open the printable deadline-review worksheet. It helps organize information; it does not calculate a legal deadline.

Questions people ask before contacting MMG

Can I wait until medical treatment ends?

Do not assume treatment extends the deadline. An ongoing medical evaluation and the steps needed to preserve a claim can proceed on different schedules.

What if the insurer is still negotiating?

Keep negotiating communications, but have the filing date checked separately. Do not rely on an open insurance file as proof of an extension.

What if I think I am already too late?

Gather the dates and notices for prompt review. An exception or relief procedure may apply, but there is no assurance that a missed deadline can be fixed. Further delay may eliminate an available option.

Does contacting MMG protect the deadline?

No. Calling, emailing, or submitting an inquiry does not itself file a claim or lawsuit or stop a clock. Ask whether MMG has agreed to handle the matter and which filing responsibilities it is undertaking. If time is close, make the known date clear when you call.

Talk with MMG about your next step

MMG Law Firm assists people with California car accident, truck accident, and motorcycle accident matters. Learn about attorney Mihran M. Ghazaryan, California Bar No. 311455.

Phone and video consultations are available. Office visits are by appointment at 100 W Broadway, Suite 540, Glendale, CA 91210. Contact hours: Monday–Friday, 9am–6pm Pacific. English, Armenian, and Russian.

MMG advances case expenses. If there is no recovery, you owe MMG no attorney fees or case expenses. Contingency rates vary by case stage and are explained in the written agreement. Medical bills, liens, and other third-party obligations are separate.

General California legal information; your facts and the applicable law determine your deadlines. Research checked October 7, 2026. See MMG's website legal disclosures and privacy policy.