Statute of Limitations for a Car Accident Claim in San Diego

If you've been injured in a car accident in San Diego, then you need to be aware of the statute of limitations (or time limit) for bringing a claim against the at-fault parties for compensation. In California, the statute of limitations for filing a car accident lawsuit is typically 2 years from the date of the accident. But the time limit can vary depending on the type of damages and the parties involved. Below is a breakdown of the time limits for different types of claims, along with relevant legal citations.

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1. Personal Injury Claims (Injury to an Adult)

For injuries resulting from a car accident, the injured party has two years from the date of the accident to file a lawsuit.

• Citation: California Code of Civil Procedure § 335.1—"Within two years: An action for…injury to, or for the death of, an individual caused by the wrongful act or neglect of another."

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2. Property Damage Claims

For property damage claims (e.g., vehicle damage), the claimant has three years from the date of the accident to file a lawsuit.

• Citation: California Code of Civil Procedure § 338—"Within three years: An action for trespass upon or injury to real property [or] an action for taking…or injuring goods or chattels."

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3. Wrongful Death Claims

If a car accident results in death, the deceased person's family has two years from the date of death to file a wrongful death claim. For more details, see our guide to the statute of limitations for wrongful death claims in San Diego.

• Citation: California Code of Civil Procedure § 335.1—This statute also applies to wrongful death actions arising from negligence.

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An experienced car accident attorney can help you identify all possible defendants and ensure your claims are timely filed.

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4. Claims Against Government Entities

When a government entity (e.g., a city vehicle or unsafe road conditions) is involved, the process is stricter. A formal claim must be filed within 6 months of the accident. If denied, a lawsuit must be filed within 6 months after the denial.

• Citation: California Government Code § 911.2—"A claim relating to a cause of action for death or for injury to person or to personal property shall be presented…not later than six months after the accrual of the cause of action."

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5. Injuries to Minors

If the injured party is a minor (under 18), the statute of limitations is tolled (paused) until the minor turns 18. The minor then has two years from their 18th birthday to file a personal injury claim.

• Citation: California Code of Civil Procedure § 352(a)—"If a person entitled to bring an action…is, at the time the cause of action accrued, under the age of majority, the time of the disability is not part of the time limited for the commencement of the action."

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6. Lack of Mental Capacity

If the injured party lacks mental capacity at the time of the injury (due to a mental disability or impairment), the statute of limitations is tolled until the person regains mental competence.

• Citation: California Code of Civil Procedure § 352(a)—"If a person entitled to bring an action…is, at the time the cause of action accrued, lacking the legal capacity to make decisions, the time of such disability is not part of the time limited for the commencement of the action."

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Exceptions That May Extend Your Filing Deadline

While the deadlines above apply in most cases, California law recognizes several circumstances that can extend the time you have to file a car accident claim:

Delayed Discovery of Injury

Some car accident injuries do not become apparent immediately. For example, a victim involved in a rear-end collision or side-impact crash may not realize they have a herniated disc, internal bleeding, or a mild traumatic brain injury until days or weeks after the accident. Under California's delayed discovery rule, the statute of limitations may begin running from the date the injury was discovered (or reasonably should have been discovered) rather than the date of the accident itself.

Defendant Leaves California

If the at-fault driver leaves California after the accident, the time they are absent from the state may not count toward the statute of limitations. This tolling provision exists to protect injured parties who cannot serve a lawsuit on a defendant who is out of state.

• Citation: California Code of Civil Procedure § 351—"If, when the cause of action accrues against a person, he is out of the State, the action may be commenced within the term herein limited, after his return to the State."

Equitable Estoppel

In some situations, an insurance company or the at-fault party may lead you to believe that a settlement is being negotiated in good faith, causing you to delay filing a lawsuit. If their conduct prevented you from filing on time, a court may apply equitable estoppel to extend the deadline. This is a fact-specific defense that requires strong documentation of the other party's conduct.

Even if you believe an exception applies to your situation, it is critical to consult with an attorney as soon as possible. Relying on an exception without legal guidance is risky — the safest approach is always to act well within the standard deadline. If you've been in an accident caused by distracted driving, speeding, or drunk driving, don't wait to explore your legal options.

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Summary of Statutes of Limitations for Car Accident Claims in California

• Personal Injury: 2 years from the date of injury (CCP § 335.1)
• Property Damage: 3 years from the date of damage (CCP § 338)
• Wrongful Death: 2 years from the date of death (CCP § 335.1)
• Government Claims: 6 months to file a claim (Gov. Code § 911.2)
• Injury to Minors: 2 years after turning 18 (CCP § 352(a))
• Lack of Mental Capacity: Tolled until capacity is regained (CCP § 352(a))

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Failure to Timely File

Failing to file a claim within these time limits may result in losing the right to pursue compensation. Consulting with an experienced car accident attorney can help ensure timely and proper handling of the claim. If you're unsure where to start, learn the steps to take after a car accident in San Diego.

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How Hulburt Law Firm Can Help

At Hulburt Law Firm, we understand how overwhelming the legal process can be after a serious car accident. Our award-winning San Diego car accident attorneys, Conor Hulburt and Leslie Hulburt, are here to guide you every step of the way, ensuring your claim is filed on time and your rights are fully protected.

Don't wait—The Truth Demands Justice. Contact us today for a free consultation and let us fight for the compensation you deserve.

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Related Content

• Legal Process for Car Accident Lawsuits in San Diego
• Steps to Take After a Car Accident in San Diego
• Compensation Available for Car Accident Victims in San Diego
• Fault Determination in Car Accidents: How It Works in San Diego
• The Insurance Claims Process After a Car Accident in San Diego
• Common Car Accident Causes in San Diego: What to Know
• Types of Car Accidents in San Diego: Common Scenarios and Their Impact

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