How Long Do I Have to Sue After a Car Accident in Van Nuys?
If you were in a car accident in Van Nuys and you haven't taken legal action yet, you're probably wondering if you've waited too long. Maybe the crash happened months ago and you've been focused on recovering. Maybe you just realized the insurance offer isn't going to cover your bills. Whatever the reason, here's the timeline you need to know.
The Standard Deadline: Two Years
California gives you two years from the date of the crash to file a personal injury lawsuit. This is called the statute of limitations, and it's set by California Code of Civil Procedure Section 335.1. If your accident happened on June 1, 2024, you have until June 1, 2026, to file your lawsuit at the Van Nuys Courthouse on Sylmar Ave. Miss that deadline by one day and the court will dismiss your case. It doesn't matter how serious your injuries were or how clearly the other driver was at fault.
Two years sounds like a long time. It isn't. Cases take months to investigate, build, and negotiate. If you wait 22 months and then try to find an attorney, most lawyers will be reluctant to take your case because there isn't enough time to do the work properly. The practical deadline is well before the legal one.
The Exception That Catches People: Government Claims
If your car accident was caused by a government entity, the deadline is dramatically shorter. This applies if:
A city vehicle hit you. LAPD patrol cars, city buses, sanitation trucks, and other City of Los Angeles vehicles on Van Nuys streets fall under this rule.
A dangerous road condition caused the crash. Potholes on Sherman Way, missing signage on Victory Blvd, a malfunctioning traffic signal at a Van Nuys Blvd intersection, faded lane markings on the 405. If a government-maintained road or freeway condition contributed to your accident, the government entity responsible for that road may be liable.
In both situations, you must file a government tort claim within six months of the accident. Not a lawsuit, a tort claim, which is a formal demand you file with the specific government agency. For City of LA streets in Van Nuys, you file with the City of Los Angeles. For the 405 freeway, you file with Caltrans.
If you miss the six-month tort claim deadline, you generally lose the right to sue the government entity entirely. This shortened window catches Van Nuys residents off guard because many people don't realize that a road condition claim has a different deadline than a standard car accident claim.
Tolling: When the Clock Pauses
In limited circumstances, the two-year clock is paused ("tolled").
Minors. If the injured person was under 18 at the time of the crash, the two-year clock doesn't start running until they turn 18. They then have until age 20 to file. If your child was injured in a car accident in Van Nuys, this extended timeline applies to their claim specifically.
Mental incapacity. If the injured person lacked the mental capacity to manage their own affairs due to the injuries sustained in the crash, tolling may apply for the duration of that incapacity. This requires medical documentation.
Defendant leaves the state. If the at-fault driver moves out of California after the accident, the time they spend out of state may not count toward the two-year deadline. This is uncommon but worth knowing.
Tolling exceptions are narrow. Do not assume one applies to you without confirming with an attorney. The safest approach is to act well within the standard two-year window.
Why Waiting Hurts Your Case Even If You're Still Within the Deadline
Meeting the legal deadline is the minimum. From a practical standpoint, waiting costs you evidence and weakens your negotiating position.
Surveillance footage disappears. Traffic cameras on the 405 and security cameras at businesses along Sherman Way, Sepulveda Blvd, and Van Nuys Blvd overwrite footage within days or weeks. If a camera captured your crash, that recording may already be gone unless someone acted fast to preserve it.
Witnesses forget. The driver who saw the crash from two cars back may remember details clearly right now. In six months, they'll remember the broad strokes at best. In a year, they may not remember it happened at all.
Medical records become harder to connect. The longer the gap between the crash and your medical treatment, the easier it is for the insurer to argue your injuries were caused by something else. Continuous, documented treatment from the date of the accident forward builds the strongest medical case.
The insurer's leverage increases. Adjusters know you're running out of time. If you approach an insurer at month 20 of a 24-month deadline, they know you're under pressure. That pressure shows up in the offer they make. A Van Nuys car accident lawyer starting early has significantly more negotiating room.
What If You Think You've Waited Too Long?
If you're past the six-month mark on a potential government claim, that ship may have sailed. But for standard car accident claims, if you're within the two-year window, you still have options. Contact an attorney now, not next month. The closer you are to the deadline, the harder it is to build a strong case, but it's not impossible until the clock actually runs out.
Even if you're close to the deadline, an attorney can file a lawsuit to preserve your rights and then continue investigating and building the case afterward. Filing early costs nothing additional under a contingency arrangement.
Don't Let the Clock Decide for You
The statute of limitations exists to create finality, but it shouldn't dictate when you seek help. If you were hurt in a car accident in Van Nuys and haven't talked to a lawyer yet, do it now. Every week you wait, evidence gets harder to find and your position weakens.
L&F Brown offers free consultations for Van Nuys car accident victims. We'll tell you where you stand on the timeline and what options are still available. Visit our Van Nuys personal injury page or call us today.
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