California accident claims: deadlines and fault rules
Last updated: November 10, 2026
In California, you generally have 2 years to bring an accident claim (Cal. Code Civ. Proc. § 335.1) and 3 years for property damage (§ 338(c)). California uses pure comparative fault, and a claim against a government must be filed within 6 months.
The rules at a glance
| Topic | The rule and its source |
|---|---|
| Deadline for an accident claim | 2 years (Cal. Code Civ. Proc. § 335.1) |
| Deadline for property damage | 3 years (Cal. Code Civ. Proc. § 338(c)) |
| Fault rule | Pure comparative fault: what you recover is reduced by your share of the fault (Li v. Yellow Cab Co., 1975) |
| No-fault or at-fault insurance | At-fault state: the at-fault driver's insurance pays |
| Claims against a government | A claim against a government within 6 months (Cal. Gov. Code § 911.2) |
What this means for you
Plan on 2 years for your accident claim and 3 years for property damage, and do not wait until the end.
In an at-fault state, you usually claim against the insurance of the driver who caused the crash.
Under pure comparative fault, what you recover is reduced by your share of the fault, even if your share is large.
Exceptions to know about
- Different rules can apply when the person with the claim is a minor. A lawyer can tell you how they apply.
- A claim against a government must be filed within 6 months (Cal. Gov. Code § 911.2), well before the 2-year deadline.
- In some situations a deadline may be counted from when a harm was discovered rather than the day of the accident. Whether that can apply depends on the facts, so do not count on it.
Accident claims
- Car accident claims: what to do and who pays
- Truck accident claims: what to do and who pays
- Motorcycle accident claims: steps and who pays
- Rideshare accident claims: what to do, who pays
- Pedestrian accident claims: what to do, who pays
- Bicycle accident claims: what to do and who pays
- Slip and fall claims: what to do and who pays
- Dog bite claims: what to do and who pays
Frequently asked questions
How long do I have to bring an accident claim in California?
Generally 2 years (Cal. Code Civ. Proc. § 335.1), and 3 years for property damage (Cal. Code Civ. Proc. § 338(c)).
What if I was partly at fault?
California uses pure comparative fault: what you recover is reduced by your share of the fault (Li v. Yellow Cab Co., 1975).
Do I need a lawyer?
You do not have to hire one, but a lawyer can deal with the insurers, keep track of the deadlines and tell you what your claim may be worth. Accident lawyers usually work on contingency, which means no fee unless they win; case costs may apply.
What if a government vehicle hit me?
A claim against a government must be filed within 6 months (Cal. Gov. Code § 911.2). Talk to a lawyer early.
CaseHelp is not a law firm and does not give legal advice. This page is general information, not legal advice, and laws change. For advice about your own situation, talk to a licensed lawyer in your state.