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How Long Do You Have to File an Accident Claim in California? A Fresno Residents' Guide

Thu, 20 Aug 2026 16:06:48 GMT

California law sets a strict deadline for filing a personal injury claim, and missing it can end your case before it ever begins. If you were hurt in a crash or another type of accident in or around Fresno, CA, understanding that deadline is one of the most important steps you can take. Call (559) 438-1030 to speak with our experienced accident claim lawyers for a free consultation.

California's Standard Two-Year Deadline Explained

Most accident victims in California have two years to file a personal injury lawsuit. Under California Code of Civil Procedure Section 335.1, the clock typically starts on the date the injury occurred. If you miss that window, the court will almost certainly dismiss your case and you may lose the right to seek any compensation, no matter how strong your claim.

Two years passes quickly when you factor in gathering medical records, dealing with insurance adjusters, and recovering from your injuries. Acting early and consulting our accident claim lawyers matters.

What Counts as the "Start" of the Clock?

The two-year period usually begins on the day of the accident. However, California also recognizes the discovery rule, which may delay the start until the date you discovered, or reasonably should have discovered, the injury. This can apply when symptoms surface weeks or months later, as sometimes happens with soft tissue injuries or nerve damage from Fresno-area collisions on roads like Highway 99 or Shaw Avenue. Courts apply this rule narrowly, so do not assume it automatically applies to your situation.

Exceptions That Can Extend Your Filing Deadline

Certain circumstances may pause, or "toll," the statute of limitations.

Claims Involving Minors

If the injured person is under 18, the two-year countdown is generally paused until they turn 18, at which point they typically have two years to file on their own behalf.

Mental Incapacity

If an injury leaves someone legally incapacitated, the clock may pause while that incapacity continues and resume once capacity is restored.

Defendant Out of State

Under California Code of Civil Procedure Section 351, time spent by the at-fault party outside California after the accident may not count against your deadline.

Claims Against Government Entities

This is a critical exception for Fresno residents. If your accident involved a city bus, a county vehicle, or a poorly maintained public road, you generally have only six months to file a formal written claim with the appropriate government agency. Missing that window can bar your claim entirely. Our accident claim lawyers can help ensure you meet this shorter deadline.

How Delays Can Hurt Your Claim

Acting promptly is not just about beating a legal deadline. Evidence disappears quickly. Surveillance footage from businesses and traffic cameras near Fresno streets and intersections is often overwritten within days. Witness memories fade fast. The longer you wait, the harder it becomes to build a well-supported case.

Insurance companies also take note of delays. Gaps between the accident and your first contact with us can be used to question the seriousness of your injuries. Starting early puts you in a stronger position at every stage.

Frequently Asked Questions About Accident Claim Deadlines in Fresno

What Happens if I Miss the Two-Year Deadline in California?

The court will almost certainly dismiss your case, and you would lose the right to recover compensation regardless of how clear the other party's fault may be. A narrow set of exceptions may apply, but these are not guaranteed and must be reviewed with our accident claim lawyers.

Does the Deadline Change if a Government Vehicle Caused My Accident?

Yes. If a city, county, or state vehicle was involved, you may need to file a formal government claim within six months of the accident. This shorter window is one of the most commonly missed deadlines in personal injury cases, so speak with our team as soon as possible.

Can I Still File if My Injuries Were Not Obvious Right Away?

Possibly. California's discovery rule may allow the clock to start from when you first discovered or reasonably should have discovered the injury. Courts apply this rule carefully, and it is not guaranteed in every case. Speaking with our accident claim lawyers serving Fresno, CA, as soon as you suspect an injury can help protect your options.

Talk to Our Team Before Your Deadline Passes

Time matters in every personal injury claim. Whether your accident happened on Blackstone Avenue, near the Fresno-Clovis metro area, or elsewhere in the Central Valley, we encourage you to reach out to our team before your deadline gets any closer.

At the Law Offices of Davis & VanWagenen, we are a plaintiff-based civil trial firm serving Fresno, CA, and the surrounding Central Valley with over 40 years of combined experience. See why clients trust us on Google Business Profile . Call (559) 438-1030 or message us to schedule your free consultation.

Accident Lawyer: What to Do Immediately After a Car Accident in Fresno, CA

Thu, 20 Aug 2026 15:55:38 GMT

A car crash can turn your life upside down in seconds, and knowing the right steps to take can make a real difference in protecting your health and your legal rights. If you were involved in a collision in or around Fresno, CA, reaching out to our experienced accident lawyers early may help you avoid costly mistakes. Contact us today at (559) 438-1030 to speak with our team about your situation.

Step 1: Make Sure Everyone Is Safe

Your first priority after any collision is safety. Move vehicles out of traffic if you can do so without causing further harm. Turn on your hazard lights and stay alert for oncoming traffic, especially on busy Fresno roads like Blackstone Avenue, Highway 99, or the 41 freeway.

Check yourself and all passengers for injuries. Even if you feel fine, adrenaline can mask pain. Do not assume you are uninjured just because you feel okay in the moment.

Step 2: Call 911 Immediately

Call 911 right away if there are any injuries, signs of impairment, or a hit-and-run involved. In Fresno, your crash location determines which agency responds. If the accident happened on a city street, the Fresno Police Department typically handles the report. If it occurred on a freeway such as Highway 41, 168, or 180, the California Highway Patrol (CHP) takes jurisdiction.

Getting law enforcement to the scene creates an official record. That police or CHP report can be a key piece of evidence in any insurance claim or personal injury case you may later pursue.

Step 3: Gather Evidence at the Scene

Documenting the scene thoroughly protects your ability to seek fair compensation. Take photos and short videos of all vehicle damage, the road layout, skid marks, traffic signals, and any visible injuries. The more detail you capture, the better.

Collect the following from all drivers involved:

Full name and contact information.
Driver's license number.
License plate number.
Insurance company name and policy number.

If there are witnesses, ask for their names and phone numbers before they leave. Witness accounts can be especially valuable on heavily traveled corridors like Herndon Avenue or Shaw Avenue, where determining fault may be contested.

What Should I Do if the Other Driver Leaves the Scene?

If the other driver flees, do not chase them. Write down as many details as you can remember about the vehicle, including color, make, model, and any partial plate numbers. Report this information to police immediately. Hit-and-run accidents are unfortunately reported with some regularity across Fresno County, and a complete description can be critical for investigators.

Step 4: Seek Medical Attention

See a doctor as soon as possible, even if you do not feel seriously hurt. Community Regional Medical Center, the region's only Level 1 Trauma Center, located in downtown Fresno, is equipped to handle serious crash-related injuries. Saint Agnes Medical Center on North First Street is another nearby option for urgent care.

Some injuries, like soft tissue damage or concussions, may not appear for hours or days. A timely medical evaluation creates a record that connects your injuries to the accident, which is important if you later pursue a personal injury claim. We can help you understand how your medical records factor into the strength of your case.

Step 5: Report the Accident Properly

California law requires you to file a Report of Traffic Accident (SR-1) with the DMV within 10 days if the crash resulted in any injury, death, or property damage over $1,000. This applies regardless of who was at fault. Missing this deadline may result in the suspension of your driver's license.

The SR-1 is separate from the police report and separate from any insurance claim you file. All three may be required. We can help make sure none of these filings fall through the cracks during an already stressful time.

Step 6: Notify Your Insurance Company

Report the accident to your insurance carrier promptly. Be factual and stick to what you know. Avoid admitting fault or speculating about what caused the crash, as statements made early can be used against you later in negotiations.

Insurance companies often act quickly to minimize payouts. Talking with us before you give a recorded statement may help protect your interests.

When Should I Contact an Accident Lawyer in Fresno?

You should reach out to an accident lawyer in Fresno, CA, as soon as possible after a crash. California has a two-year statute of limitations for most personal injury claims, but evidence disappears and memories fade quickly. Getting us involved early can help preserve evidence, handle communications with insurance adjusters, and make sure you understand your rights before making any decisions.

We also encourage you to check out our Google Business Profile to read reviews from clients who have trusted us with their cases.

Take Action With Our Fresno Accident Lawyers

The steps you take in the hours and days after a crash can shape the outcome of your entire case. At the Law Offices of Davis & VanWagenen, we have been serving personal injury clients throughout the Central Valley and beyond, with over 40 years of combined experience handling motor vehicle accidents, catastrophic injuries, and wrongful death cases.

Our team is ready to review your situation, answer your questions, and help you understand your options. Call us at (559) 438-1030 or send us a message to schedule a free consultation.