After a crash in Los Angeles, time feels strange. The day is a blur of tow trucks, headaches, missed work, and nonstop calls. Then the questions hit: How long do we have to file a car accident claim in Los Angeles? Are we already too late?
Here’s the part that trips people up. There are two tracks that get mixed together all the time: insurance claims (often due much sooner) and lawsuits (controlled by California time limits). Both matter, and both can hurt your case if we wait.
In this guide, we’ll break down the timelines in plain English, the big exceptions (government claims, minors, late-found injuries), and what we can do this week to protect the case while we focus on healing.
The basic timeline in Los Angeles, two years for injuries, three years for car damage
In most Los Angeles car accident cases, the court deadline is straightforward.
If we’re hurt and we want to sue the at-fault driver for personal injury damages, California usually gives us two years from the crash date to file the lawsuit in court. That two-year clock matters even if the insurance company is “still investigating” or “still reviewing treatment.”
Property damage runs on a different track. If we’re only suing for damage to the vehicle or other property losses, California generally gives us three years from the crash date to file a lawsuit for property damage.
A lot of people hear “two years” and think, “We’re fine, we’ll deal with it later.” But deadlines are only one problem. The other problem is proof. In LA, video footage gets recorded over, witnesses disappear, and cars get repaired or totaled fast. Waiting can make it easier for an insurance adjuster to say the crash “didn’t cause” the injury or that our pain is “from something else.”
Here’s a quick way to keep the key time limits straight:
| Issue | Typical LA deadline (California) | What it means |
|---|---|---|
| Injury lawsuit | 2 years from crash | Deadline to file in court for bodily injury damages |
| Property damage lawsuit | 3 years from crash | Deadline to file in court for vehicle and property losses |
| Government-related claim | Often 6 months | Deadline to start the government claim process |
| DMV report (SR-1) | Generally 10 days | Required for injury, death, or over $1,000 in damage |
If you want a deeper explanation of the rules and common exceptions, we can also review the Los Angeles car accident statute of limitations and match it to your exact facts.
Insurance claim deadlines can be much shorter than the court deadline
Even if the lawsuit deadline is two years, insurance deadlines can hit much sooner. Many policies require “prompt notice” of a crash. If we wait weeks or months, insurers may argue the delay makes injuries look suspicious or that they can’t properly investigate.
A simple, time-saving plan helps in the first days:
In the first 48 hours
- Get medical care and follow up if symptoms change.
- Take photos and short video of the cars, the street, and visible injuries.
- Save witness names and numbers, even one good witness helps.
In the first 10 days
- Get the police report number (or incident number) and request the report when it’s ready.
- File the DMV SR-1 if required (injury, death, or over $1,000 in damage).
- Keep every receipt (prescriptions, rides, parking, co-pays, towing).
If you want a more detailed breakdown, we’ve put together immediate steps after a Los Angeles car accident that focuses on the actions that protect both health and claim value.
A quick example timeline we can follow after a Los Angeles crash
Let’s make this real. Picture a rear-end collision on the 405 near the Sepulveda Pass.
Day one, we go to urgent care because neck pain starts that night. Within a week, we see our doctor, get referrals, and start treatment. We open the insurance claim early, even if we don’t yet know the full diagnosis.
Over the next few months, we collect medical records, wage loss proof, and repair documents. Once treatment is clearer, we send a demand package and negotiate. If the insurer stalls, disputes fault, or lowballs, we can file a lawsuit before the two-year mark to protect the right to recover.
Hard cases often take longer, like multi-car pileups, disputed red-light crashes, or serious injuries. Filing suit doesn’t mean we’re going to trial tomorrow, it often means we’re protecting the deadline while the case keeps moving.
When the deadline changes, government claims, minors, and injuries found later
Deadlines aren’t always “two years, done.” Some cases have shorter windows, and others have extra time. This is where guessing can cost us the claim.
Three situations come up a lot in Los Angeles:
Government involvement: A dangerous road condition, missing signage, or a government vehicle can trigger a special process with a much shorter deadline.
Minors: If the injured person is under 18, the filing clock is often paused until they turn 18. That sounds like extra breathing room, but waiting still risks losing proof.
Injuries discovered later: Some injuries don’t show up right away. Concussions, back injuries, and nerve symptoms can take time to become clear. California can apply a “discovery” concept in some situations, but it’s not something we want to assume applies.
When we’re unsure, the safest move is to treat the case like it has the shortest deadline until we confirm otherwise.
If a government agency may be responsible, we may only have six months to act
If a city, county, or state agency may share responsibility, we often have about six months to start the claim process. This is not the same as filing a normal lawsuit. The first step is usually an administrative claim, and the forms and rules are strict.
In Los Angeles, government-related issues can show up in everyday ways:
- A pothole or broken pavement that causes a crash
- A traffic signal that’s not working right
- Poor lane markings near construction
- A city bus or other government-owned vehicle involved in the collision
Even if another driver hit us, a road defect can still matter. It can change who we pursue and how we build the case. Because evidence on road conditions disappears fast (repairs happen, signage changes), we want photos, measurements, and witness details early.
Special situations, minors, hit and run, and out of state drivers
If our child was injured in a crash, the lawsuit deadline is often extended because the clock may not start until age 18. Still, we don’t want to wait. Medical records, witnesses, and video are easier to secure now, not years later.
Hit and run crashes create another timing trap. The lawsuit deadline may still be two years for injuries, but uninsured motorist claims can come with tight policy requirements. We may need a prompt police report and fast notice to the insurer. For a deeper look at what we can use to get paid in these cases, see Los Angeles hit-and-run compensation options.
Out-of-state drivers don’t automatically change the California deadline if the crash happened here. But locating coverage, serving papers, and investigating can take longer, which is another reason we don’t want to wait until the last minute.
What we can do right now to protect our case before time runs out
Deadlines matter, but the bigger picture is protecting the story of what happened and the proof that backs it up. When insurers control the timeline, they also try to control the narrative.
Here’s what we focus on right away:
Medical documentation
- Get checked even if we “feel okay.” Adrenaline covers a lot.
- Follow the treatment plan and keep appointments consistent.
- Save discharge papers, imaging orders, and referral notes.
Reporting and paperwork
- If the crash involved injury, death, or property damage over $1,000, California generally requires a DMV SR-1 within 10 days (many people don’t learn this until it’s too late).
- Keep the police report number, and request the report when it becomes available.
Evidence preservation
- Store photos and videos in a safe folder and back them up.
- Save damaged personal items (glasses, child car seats, phones).
- Write down witness contacts and a short summary while it’s fresh.
If you’re wondering why we sound intense about proof, it’s because proof decides outcomes. Strong documentation makes it harder for the insurer to twist the facts. This is also why we emphasize collecting evidence after a car crash in LA early, before it disappears.
One more thing that affects both deadlines and settlement value is fault. California uses comparative negligence. That means we can still recover even if we share some blame, but the payout can drop by our percentage of fault. We don’t admit fault at the scene, and we don’t guess about speed or distances on a recorded call. Early evidence helps prevent blame-shifting.
When we represent clients, we also take over insurer communication, push back on low offers, and keep clients updated directly, so they don’t feel left in the dark. We also take a concierge approach where we help coordinate repairs, rentals, and claim logistics while the case moves.
What to say, and not say, when the other driver’s insurance calls
Insurance adjusters often sound calm and caring. Their job is still to pay as little as possible. A recorded statement can be used to cut down or deny the claim, even when we’re telling the truth but miss a detail.
A simple script that protects us:
- “Thanks for calling. What’s your name, phone number, and claim number?”
- “We’re getting medical care and gathering information.”
- “We’ll respond after we’ve had a chance to review everything.”
We don’t sign medical releases, we don’t accept a quick check, and we don’t “estimate” how we feel. Many claim problems start with one friendly phone call and one sentence that gets taken out of context. If you want to avoid the common traps we see, this piece on avoiding errors after a personal injury in Los Angeles covers the big ones.
FAQs we hear all the time about filing deadlines and settlements in LA
Do we have to file a lawsuit to get paid?
No. Many LA car accident claims settle through insurance without a lawsuit. Filing a lawsuit is often the backup plan when the insurer won’t pay fairly or the deadline is getting close.
What if we feel fine but symptoms show up later?
That’s common with concussions, soft tissue injuries, and back pain. We still want medical documentation as soon as symptoms start, because delays give insurers an opening to blame something else.
How long do claims usually take in Los Angeles?
Simple cases can resolve in months. Cases with serious injuries, unclear fault, or large medical bills can take longer, sometimes a year or more, and lawsuits can extend that timeline.
Can we still recover if we were partly at fault?
Yes. California comparative negligence allows recovery even with shared fault. The amount can be reduced based on our share of responsibility.
What if the crash involved Uber or Lyft?
Rideshare cases add extra layers of insurance and app status questions. We usually need screenshots, trip details, and fast action to lock down coverage, and this guide on a Los Angeles rideshare accident lawsuit explains the basics.
What if the car was totaled and we only want repairs or a payout for the car?
Property-only deadlines are often three years for a lawsuit, but insurance rules can still require quick notice. We also want to document the car’s condition, maintenance, and comparable values, because online calculators often miss real-world market pricing.
When should we talk to a lawyer?
When we have injuries, missed work, a hit and run, disputed fault, or pressure to give a recorded statement. Early legal help also protects deadlines that can surprise people, like government claims.
What does it cost to hire a lawyer?
Most personal injury firms, including ours, work on a contingency fee. That means we don’t get paid unless we recover money for you, so you can focus on treatment instead of hourly bills.
Conclusion
In Los Angeles, the headline deadlines are simple: two years to file most injury lawsuits after a car accident, and three years to file most property damage lawsuits. The trap is that some cases move faster, especially when a government agency may be involved, where we may have only six months to start the process.
If we want to protect our claim, we don’t wait for pain to “settle” or for an adjuster to “get back to us.” We gather records, get medical care, file required reports, and preserve evidence while it’s still available. Then we get a case review early enough to confirm the right deadline and build the strongest story.
The best time to protect our rights is before the clock becomes the problem. Time should work for us, not against us.