California · Deadline to sue · Updated Oct 2026
Deadline to sue after a car accident in California
Time limits, government claims and a calculator.
Short answer
In California, you generally have 3 years to sue for car damage and 2 years for an injury, counted from the crash. Before suing a city, county or state agency (or its employee), you must first file a written claim with that agency: within 6 months for an injury to you or damage to your property.
- Property damage (your car)
- 3 years
- Injury
- 2 years
- Law
- Cal. Code Civ. Proc. § 335.1 (personal injury, 2 years) and § 338 (damage to property, including crashing your vehicle, 3 years), per California Courts Self-Help Guide
- Small claims limit
- $12,500
Claims against a government in California
- Before suing a city, county or state agency (or its employee), you must first file a written claim with that agency: within 6 months for an injury to you or damage to your property.
- The agency has 45 days to answer.
Other notes on the California deadlines
- If it denies the claim, you have 6 months from the date the denial was mailed to file your lawsuit (California Courts Self-Help Guide; Gov. Code §§ 905, 911.2).
Shorter time limits to watch in California
- Crash report: Each driver must file form SR-1 (Report of Traffic Accident Occurring in California) with the DMV within 10 days if anyone was injured (even slightly) or killed, or property damage is over $1,000.
Deadline to sue in California
Protecting your deadline in California
- Your earliest deadline in California: 2 years.
- If a government was involved, act fast. Before suing a city, county or state agency (or its employee), you must first file a written claim with that agency: within 6 months for an injury to you or damage to your property.
- Small claims, for car damage up to $12,500: California small claims guide on Small Claims Map
- Don't wait for the insurer: talks with an adjuster don't stop the clock.
Free help in California
Questions about deadlines to sue in California
How long do you have to sue for an injury after a car accident in California?
2 years from the crash.
How long do you have to sue for car damage after an accident in California?
3 years from the crash.
How do claims against a government work in California?
Before suing a city, county or state agency (or its employee), you must first file a written claim with that agency: within 6 months for an injury to you or damage to your property. The agency has 45 days to answer.
What is the small claims limit in California?
$12,500 for people and sole proprietors, $6,250 for businesses; only two claims over $2,500 per year.
More for California drivers
- All car accident rules in California
- Comparative fault
- Reporting a crash
- Uninsured driver
- Deadlines to sue in every state
- Small claims court for car damage
- Fault and payout explainer
- Insurance claim letter
- Police report request letter
Nearby states
- California DMV: Report of Traffic Accident (SR-1)
- California DMV: Auto Insurance Requirements
- California Driver Handbook, Section 10: Financial Responsibility, Insurance Requirements, and Collisions
- California Courts Self-Help Guide: Statute of limitations
- Judicial Council of California Civil Jury Instructions (CACI) 2025, No. 405
- California Highway Patrol: Online Crash Report System
- California Courts Self-Help Guide: Suing a government agency (government claim)
- California DMV: SR-1 form (PDF)
Last checked: Oct 24, 2026.