When Should You File a Lawsuit After a California Car Accident?
Not every injury claim requires a lawsuit. But negotiations should not continue indefinitely when litigation would materially improve the ability to protect the claim.
The statute of limitations matters
California Code of Civil Procedure section 335.1 generally provides two years for an action seeking damages for personal injury caused by another person’s wrongful act or neglect. That is a general rule, not a universal deadline.
Public-entity claims can require much earlier action
A personal-injury claim against a California public entity generally requires presentation of a government claim within six months after accrual. Missing the claim-presentation requirement can create serious problems even if the ordinary two-year period has not expired.
Filing may make sense before the deadline is close
Litigation can provide tools unavailable in informal insurance negotiations, including interrogatories, document requests, requests for admission, depositions, subpoenas, and court enforcement.
A liability denial may justify litigation
If the evidence supports liability but the carrier maintains a denial, simply repeating the same demand may not materially advance the case. Formal discovery may reveal additional evidence.
The medical picture should also be considered
Filing suit does not require the injured person to have completed all treatment. But the litigation strategy should account for the current medical record, future recommendations, prognosis, and damages evidence.
Filing suit is not the same as going to trial
Filing creates a formal litigation process. Settlement discussions can continue during that process.
UM/UIM claims follow a different procedural framework
California uninsured-motorist disputes are generally subject to arbitration under Insurance Code section 11580.2 rather than an ordinary damages trial between the insured and insurer. Separate statutory preservation requirements apply.
Glendale Law Group litigates personal-injury cases throughout Southern California when litigation is necessary to move a claim forward. Call (818) 745-0101 for a free consultation.
This article provides general information only and is not legal advice. Reading it does not create an attorney-client relationship. Deadlines and rights depend on the facts, applicable law, and insurance policy language.
