California's Statute of Limitations: 2 Years From Your Crash

Your deadline is set in stone. California Code of Civil Procedure § 335.1 gives you exactly two years from the date of your motorcycle accident to file a lawsuit. Not from the day you get well. Not from when you hire a lawyer. From the day you crashed.

After that two-year deadline passes, your claim is barred. The defense attorney files a motion to dismiss, the judge grants it, and you get nothing. No settlement, no trial, no second chances. This is one of the most unforgiving rules in California law.

Most riders don't understand this. They think they have time to recover, figure out their injuries, and then decide whether to sue. That's a dangerous assumption. You need to protect your claim now, even if you're not sure yet whether you'll need a lawyer.

The clock starts the moment of injury — not the moment you figured out who hit you, not when you got diagnosed, not when you hired a lawyer. It's the date of the crash itself.

There's one narrow exception: the discovery rule. If you were hit by someone else's bike and didn't know who caused the crash, the two-year clock *can* sometimes start from when you discovered (or should have discovered) who was at fault. But that's rarely how motorcycle accidents work. You usually know immediately what happened and who hit you. The defense bar loves to argue about discovery anyway, so don't count on it to save you.

If your crash was April 15th, 2024, your deadline is April 15th, 2026. Not April 16th. April 15th. If you file on April 16th, the court dismisses your case. Full stop.

There are a few narrow exceptions to the two-year rule:

• If you were a minor at the time of the crash: The statute of limitations is tolled (paused) until you turn 18. If you were 16 when you crashed, you get two years from your 18th birthday — so until you're 20.
• If you were legally incapacitated: If you were declared incompetent or placed in a conservatorship at the time of the crash, the clock may pause. This is rare.
• If the defendant fled California: The time they're out of state doesn't count against your deadline. Again, rare.
• If the defendant is a government agency: You typically have to file a notice of claim within a few months (often 100 days) *before* the statute of limitations even starts. These cases are handled differently.

For most riders — someone hit you near the Santa Clara County courthouse area, you knew it immediately, and you were an adult — none of these exceptions apply. Your deadline is two years from the crash. Don't gamble on anything else.

Your claim is barred. Dead. The defendant's attorney will file a motion to dismiss, citing California Code of Civil Procedure § 335.1. The court will grant it. Your case goes away. You get nothing, even if you have solid evidence and a sympathetic story.

Insurance adjusters know this. That's why some of them wait 18–20 months to lowball you. They know you're panicked about the deadline and more likely to accept whatever they're offering. Don't fall for it. If an adjuster hasn't moved on your claim and you're approaching month 20, that's when you hire a lawyer and push back hard.

The deadline is not a suggestion. It's a statute. Courts don't have discretion to extend it just because your lawyer missed a filing date or you were recovering from injuries. This is one of the most important rules in personal injury law, and it's merciless.

Do these things today:

1. Get the police report. Contact the San Jose Police Department or California Highway Patrol (if the crash was on I-880, I-680, or US-101) and request the accident report number. Even if you remember everything, the official report matters — it's proof of when and where the crash happened.

1. Photograph and document everything. Take photos of your bike's damage, your injuries, the roadway, skid marks, and the scene. Save these in at least two places — your phone and cloud storage. If you didn't take photos at the scene, photograph your bike now and save hospital photos.

1. Get witness names and contact info. If anyone saw the crash, get their name, phone, and email immediately. People move, numbers change, memory fades. Witness testimony is gold.

1. Preserve medical records. If you were treated at Valley Medical Center, Good Samaritan Hospital, or any ER, request copies of your records, imaging (X-rays, CT scans), and discharge paperwork now.

1. Document your damages. Write down medical expenses, missed work, lost income, and bike damage. Get actual receipts, not estimates.

1. Contact a motorcycle injury attorney. Sooner is better. Most work on contingency — no fees unless you win — and won't charge to consult. Search the [State Bar of California's attorney referral service](https://www.calbar.ca.gov/) if you need help finding someone in your area. If you're within six months of the deadline and haven't filed a lawsuit, you're in danger.