How Long After a Car Accident Can You Claim Injury?

You generally have 2 years from the crash to file an injury lawsuit in California (Code of Civil Procedure 335.1) and Texas (Civil Practice and Remedies Code 16.003), and 3 years in Washington (RCW 4.16.080). Claims against a government agency have much shorter first steps, and your own insurer expects notice right away.

How long do I have to sue after a car accident?

The deadline to file a lawsuit is called the statute of limitations. Miss it and the court will usually dismiss the case, no matter how badly you were hurt.

Most claims settle without a lawsuit, but the insurer knows these dates. As the deadline gets close and no suit has been filed, the adjuster has less reason to raise an offer. Filing on time keeps the pressure on.

Is the deadline shorter if a city, county or state vehicle hit me?

Yes, and these rules are easy to miss. A crash with a city bus, a police car, a county truck or a state vehicle, or one caused by a dangerous public road, has its own rules.

• California. You must first file a written claim with the agency, typically within 6 months of the crash, under Government Code 911.2. If the agency denies it, you generally have 6 months from the mailing of the denial to sue (California Courts).
• Texas. A governmental unit is entitled to notice of the claim within 6 months of the incident, and city charters can set their own notice period (section 101.101).
• Washington. You must present a claim on the standard tort claim form and wait 60 days before suing a local agency (RCW 4.96.020) or the state (RCW 4.92.110). The limitations period is paused during that wait.

What if my injury symptoms showed up days or weeks later?

Your claim is still valid, but the clock generally starts on the day of the crash, not the day the pain began. Late symptoms are common. The CDC says some concussion symptoms may not appear for hours or days. MedlinePlus lists car accidents as a common cause of neck pain and describes whiplash as a soft tissue injury. It also says PTSD symptoms sometimes appear months or years after the event.

What hurts a late-symptom claim is the gap in records. When the first doctor visit comes weeks after the crash, the insurer argues something else caused the injury. See a doctor as soon as you notice pain, say it started after the crash, and keep every note.

How soon do I have to tell my insurance company?

There is no single statute for this. Your policy sets it, and most policies say promptly.

• The Texas Department of Insurance tells drivers to report the accident as soon as possible and notes that most companies have deadlines for filing claims.
• The California Department of Insurance advises notifying your agent or company immediately.
• The Washington Insurance Commissioner says the time to file varies by policy and company, so check yours with your agent.

Once the insurer has notice, it has its own deadlines. California rules give it 15 calendar days to acknowledge the claim (10 CCR 2695.5) and 40 days after proof of claim to accept or deny it (10 CCR 2695.7). Texas gives 15 days to acknowledge and, generally, 15 business days after it has everything it asked for to accept or reject (Insurance Code chapter 542).

Are there earlier reporting deadlines I could miss?

Yes, and they come first.

• California. File the SR-1 with the DMV within 10 days if anyone was injured, however slightly, or damage is over $1,000.
• Texas. When someone is hurt or a car cannot be driven safely, notify police immediately (section 550.026).
• Washington. If no officer reports the crash, file a written report within four days when there is injury or damage at the state threshold (RCW 46.52.030).

What to do now

1. Write down the date of the crash and count forward: 2 years in California or Texas, 3 in Washington. Then mark a date several months earlier as your own target.
2. If any public vehicle, road or employee was involved, treat 6 months as your limit until a lawyer tells you otherwise.
3. Report the crash to your insurer today if you have not, and write down the claim number.
4. See a doctor about any new pain, dizziness or trouble sleeping, and say it began after the crash.
5. File any state report you still owe.
6. Keep every bill, record and letter from an insurer in one folder.

Talk to us before the deadline

If your crash is getting close to one of these dates, or a government vehicle was involved, call Beverly Law at (310) 552-6959 today. For the full list of steps after a crash, see what to do after a car accident that was not your fault. We handle car accident cases in California, Texas and Washington. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. You owe no fees or costs unless we win.

Common questions

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Car Accident Settlements · Car accident settlements · What to do after a car accident that was not your fault · How long a car accident settlement takes · Can I claim for anxiety after a car accident · Law Blog

Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-12.