California Gives You 2 Years: Your Motorcycle Crash Claim Deadline
California law gives you two years from the date you got hurt to file a motorcycle crash lawsuit. That's California Civil Code Section 335.1. If you're reading this months after your crash and haven't talked to a lawyer yet, you're running a clock. Most riders don't realize how fast two years goes when you're dealing with injuries and insurance companies. The deadline is hard. Miss it, and the court closes the door. No exceptions, no extensions — just a dismissed case and no recovery. This page walks you through when the clock starts, what stops it, what doesn't, and how to make sure you're protected.
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Start my case review →You Have 2 Years: California's Statute of Limitations for Motorcycle Crashes
California Code of Civil Procedure § 335.1 is clear: you have two years from the date of injury to file a motorcycle crash lawsuit. Two years. Not two years and a month. Not "whenever you feel ready." Two years from the day you crashed.
Why does this matter? Because insurance companies know you know it. They'll use that deadline like a crowbar — offering lowball settlements in month 18 or 19 because they know you're sweating. And if you're waiting for your injuries to settle down before deciding whether to sue (which is smart in theory), you can run out of time faster than you'd think.
This isn't complicated law. It's a hard line in the California code. The state doesn't bend it for riders who were in a coma. It doesn't bend it because you didn't have a lawyer lined up. It doesn't bend it because you were too injured to think straight. The deadline is the deadline.
Most riders don't realize how the two-year clock feels when you're living it. Months blur together. Insurance adjusters stall. Medical appointments stretch out. Suddenly it's month 20 and you're panicking. That's why the first step after a crash — after you're stable and healing — is knowing exactly when your clock runs out.
When the Clock Starts: The Date of Injury, Not Discovery
The clock starts on the day you got hit. Not the day you went to the hospital. Not the day your doctor told you it was serious. The day of the crash itself.
California doesn't have a "discovery rule" for motorcycle injuries the way some states do. You can't wait until you realize your injuries are worse than you thought, and then restart the clock. If you crashed in January, your two years run out in January of the year after next. Period.
There's one complication: if you're treated for a visible injury (road rash, broken bone) but you have a hidden injury (head trauma, internal damage) that doesn't show up until later, the discovery rule does NOT extend your deadline. You're still bound by the injury date. This is why getting a thorough medical evaluation immediately after a crash matters more than riders think. You need a record that says "examined on [date]" — even if symptoms appear months later, your case is anchored to that first medical documentation.
The reason courts do this is straightforward: the defendant's memory gets worse, evidence disappears, and witnesses vanish. The sooner you're claiming damages, the sooner the legal process can preserve what's real.
Exceptions That Extend the Deadline: Know Them, But Don't Count on Them
California does have some narrow exceptions. Know them, but don't count on them.
Minors. If you were under 18 when you crashed, California gives you relief of disabilities. The basic rule: your clock doesn't start ticking until you turn 18, and then you get one more year. So a 16-year-old who crashed would have until age 19 to sue. But some CA courts interpret this differently, and minors' claims are complex. If a minor was injured, talk to a lawyer immediately — the timeline gets tricky fast.
Government entity defendants. If a city bus, police car, or county vehicle hit you, you don't sue on the standard timeline. You have six months to file a government claim, and different rules apply. These claims are aggressive and short-fused. Don't sleep on a government claim.
Wrongful death. If a rider was killed, the family has two years from the date of death (not the crash if there's a delay) to file. Same deadline, same hard line.
Mental incapacity. If you're deemed unable to manage your affairs (coma, severe cognitive injury), the clock stops running. It restarts when you recover or a guardian is appointed. These cases are rare and complicated.
The bottom line: exceptions exist, but they're narrow. Don't assume you're covered by one. The two-year rule is the default, and it's the one you need to plan around.
What Happens If You Miss the Deadline: Your Case Gets Dismissed
The court dismisses your case.
That's it. You sued too late. The judge doesn't hear your injuries. Doesn't hear what the other guy did. Doesn't care that you were three months over. The case gets tossed, and you're left with nothing.
Insurance companies count on this. They know that a rider in pain, juggling medical bills, and waiting for clarity is a vulnerable client. They know that some riders will miss the deadline by accident — life gets in the way. An injured rider misses a lawyer consultation. Weeks pass. Before they know it, the deadline is gone.
There are no "do-overs" in California personal injury law. Once two years are up, the statute of limitations is absolute. Your case is dead. No recovery. No appeal based on "I didn't know." The law assumes you know your own deadline — even if you're in pain.
This is why even if you're unsure whether you have a case worth suing on, you still call a motorcycle injury lawyer before month 20. A good one will tell you straight if your case is weak. But at least you'll know your options. At least your deadline won't be a surprise.
Steps to Preserve Your Claim Right Now
You don't have to sue this week. You do have to start protecting your claim right now.
Get the police report. If there was a police report filed at the scene, request it. In Los Angeles County, that's the LAPD or CHP depending on where the crash happened. The report is evidence — it documents what happened before anyone's memory faded.
Collect witness information. Get names, numbers, and email addresses of anyone who saw the crash. If they disappeared at the scene, you've lost them. Paramedics who treated you at the scene often write detailed reports about your condition right after. Those reports are worth gold later. Get those names too.
Document your injuries. Keep all medical records, bills, test results, and notes about how the injuries affected your life. Photos of your bike damage (if relevant) matter too. Insurance will later claim your injuries were minor because you didn't treat for six months. Your medical timeline is evidence.
Don't sign anything yet. Insurance companies will offer early settlements — especially around month 12-15 when they know you're tired. Don't sign. A settlement locks you out of suing later. If you're not sure what a fair settlement is, don't commit.
Talk to a motorcycle injury lawyer. You don't have to decide today whether to sue. A consultation is free. A good lawyer will tell you your options and your timeline. You'll know your deadline. You'll know what your case is worth. That knowledge is protection.
Frequently asked questions
Does California have a discovery rule that delays the statute of limitations if I didn't know about my injury right away?
Not for motorcycle crashes. California starts the clock on the date of injury, not the date you discovered the injury. If you crashed and didn't feel pain until weeks later, your two-year clock still started on crash day. This is why immediate medical evaluation matters — it documents the injury date and creates a paper trail if complications arise later.
I was 16 when my motorcycle crashed. Do I still have just two years?
No. California law gives minors relief of disabilities. Your clock doesn't start until you turn 18, and then you get an additional year to sue — roughly until age 19. But minors' claims are complicated, and different courts interpret these rules differently. If you were a minor at the time of the crash, talk to a lawyer immediately to lock down your actual deadline.
What if a city bus or police car hit me? Is the deadline different?
Completely different. Government entities are handled under California's Government Claims Act. You have six months to file a government claim — not a lawsuit, a claim. The process is faster and stricter. If a government vehicle hit you, move fast. This is not a two-year situation.
It's been over two years. Can I still file a lawsuit?
Not unless you fall into a narrow exception (minor at the time, mental incapacity, government entity defendant). For everyone else, the statute of limitations is absolute. The court will dismiss your case without hearing it. Once the deadline passes, you're out of luck.
What does 'preserving evidence' actually mean for my motorcycle crash claim in Los Angeles?
Get the police report. Write down the names of people at the scene (witnesses, paramedics, police officers). Photograph your bike and the scene if possible. Keep all medical records and bills. Save any communication with insurance adjusters. Get copies of your medical treatment notes. Don't sign any settlement without understanding what you're giving up. The sooner you document everything, the better your case will be.
Jake Rivera has spent 8 years reviewing motorcycle accident settlements and documenting how injured riders navigate the claims process. He is not an attorney and does not provide legal advice.
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