See the general time limit in California, Texas or Washington, and the earlier dates that catch people out.
The general deadlines, side by side
A statute of limitations is the deadline to file a lawsuit in court. It is not the same as the time you have to open an insurance claim, and it is not the only clock that may be running.
| California | Texas | Washington | |
|---|---|---|---|
| Deadline to sue for an injury | Generally two years for an injury caused by someone else’s wrongful act or carelessness.Cal. Code Civ. Proc. § 335.1 | Two years from the day the claim arises. For most crashes and falls that is the day of the injury.Tex. Civ. Prac. & Rem. Code § 16.003(a) | Three years for most injury claims.RCW 4.16.080(2) |
| Deadline to sue after a death | Generally two years for a death caused by someone else’s wrongful act or carelessness, usually counted from the date of death.Cal. Code Civ. Proc. § 335.1; Norgart v. Upjohn Co. (1999) 21 Cal.4th 383, 404 | Two years, counted from the date of death.Tex. Civ. Prac. & Rem. Code § 16.003(b) | Three years, generally counted from the date of death.RCW 4.16.080(2); Atchison v. Great Western Malting Co., 161 Wn.2d 372 (2007) |
| Deadline for vehicle and property damage | Three years for damage to a vehicle or other personal property.Cal. Code Civ. Proc. § 338(c)(1) | Two years for damage to a vehicle or other property.Tex. Civ. Prac. & Rem. Code § 16.003(a) | Three years for damage to a vehicle or other personal property.RCW 4.16.080(2) |
| Claims against a government agency | A written claim must be presented to the city, county, state agency or other public entity within six months. If the entity sends a proper written rejection, a lawsuit generally has to be filed within six months of that notice. A request to file late must be made within a reasonable time, not to exceed one year after the claim arose. The statute leaves a few narrow kinds of time out of that year.Cal. Gov. Code §§ 911.2, 911.4, 945.6 | A city, county, school district or state agency must receive notice of the claim within six months of the incident. The notice describes the injury or damage, the time and place, and what happened. A city’s charter can set its own notice period, which may be shorter, so do not assume you have the full six months.Tex. Civ. Prac. & Rem. Code § 101.101 | Before suing a city, county or other local government, you must present a tort claim form to its designated agent and then wait 60 calendar days. Claims against the State go to the Office of Risk Management with the same 60 day wait. The form has to be presented within the normal limitation period, and that period is paused during the 60 days.RCW 4.96.020; RCW 4.92.100; RCW 4.92.110 |
| If the injured person is under 18 | If the injured person was under 18 when the claim arose, the time before their 18th birthday generally does not count. That does not apply to claims against a public entity, where the six month claim rule still runs, and medical negligence claims by children have their own rule.Cal. Code Civ. Proc. § 352 | If the injured person was under 18 when the claim arose, the time before their 18th birthday is generally not counted against the two years. That rule does not apply the same way to medical malpractice claims, and it should not be assumed to extend the notice deadline for a claim against a government agency.Tex. Civ. Prac. & Rem. Code § 16.001 | If the injured person was under 18 when the claim arose, the time before their 18th birthday generally does not count. This does not extend the deadline in a wrongful death case, because that claim belongs to the personal representative of the estate, not to the child.RCW 4.16.190; Atchison v. Great Western Malting Co., 161 Wn.2d 372 (2007) |
| Deadline for a claim under your own policy | For an uninsured motorist claim, one of three things must happen within two years of the crash: a lawsuit is filed against the uninsured driver, an agreement on the amount is reached with your insurer, or arbitration is formally started in writing by certified mail.Cal. Ins. Code § 11580.2(i) | A claim against your own insurer for uninsured or underinsured motorist benefits is a contract claim, generally subject to a four year limit. The deadline to sue the driver who caused the crash is still two years.Franco v. Allstate Ins. Co., 505 S.W.2d 789 (Tex. 1974); Tex. Civ. Prac. & Rem. Code § 16.051 | No rule published here for this state. Ask us. |
| Claims with different deadlines | Claims against a doctor, hospital or other health care provider must be filed within three years of the injury or one year after it was or should have been discovered, whichever comes first.Cal. Code Civ. Proc. § 340.5 | Medical malpractice claims have their own rules: generally two years, with a separate rule for children under 12 and an outer limit of 10 years.Tex. Civ. Prac. & Rem. Code § 74.251 | Assault and battery claims have a two year limit. Medical malpractice claims follow their own rules, including a one year discovery rule.RCW 4.16.100(1); RCW 4.16.350 |
Four different clocks
- The lawsuit deadline. The limitation period in the table. Miss it and a court will almost always dismiss the case, however strong it was.
- A government claim deadline. If a city, county, state agency or school district may be responsible, a written claim or notice is due long before the lawsuit deadline.
- Your own policy’s deadlines. Claims for uninsured motorist benefits, medical payments or PIP run on your policy’s terms and on rules of their own.
- Notice to insurers. Policies require prompt notice of a crash. Late notice can give an insurer a reason to refuse a claim it would otherwise pay.
Why the checker cannot give you your deadline
The start date is not always the day of the injury. An injury discovered later, a defendant who left the state, a claim that belongs to a child, or a death that followed an earlier injury can each change the answer. The checker applies the general rule to the date you enter. A lawyer applies the law to your facts.
Deadlines depend on the facts. Some are much shorter than the general rule. Do not rely on this page to decide how long you can wait.
Each state on its own page
The table compares the three states. These pages take one state at a time and go through every clock in order.
Sources
Primary sources for the rules on this page. Checked on the dates shown.
- Cal. Code Civ. Proc. § 335.1 (checked October 3, 2026)
- Cal. Code Civ. Proc. § 335.1; Norgart v. Upjohn Co. (1999) 21 Cal.4th 383, 404 (checked October 3, 2026)
- Cal. Code Civ. Proc. § 338(c)(1) (checked October 3, 2026)
- Cal. Gov. Code §§ 911.2, 911.4, 945.6 (checked October 3, 2026)
- Cal. Code Civ. Proc. § 352 (checked October 3, 2026)
- Cal. Ins. Code § 11580.2(i) (checked October 3, 2026)
- Cal. Code Civ. Proc. § 340.5 (checked October 3, 2026)
- Tex. Civ. Prac. & Rem. Code § 16.003(a) (checked October 3, 2026)
- Tex. Civ. Prac. & Rem. Code § 16.003(b) (checked October 3, 2026)
- Tex. Civ. Prac. & Rem. Code § 101.101 (checked October 3, 2026)
- Tex. Civ. Prac. & Rem. Code § 16.001 (checked October 3, 2026)
- Franco v. Allstate Ins. Co., 505 S.W.2d 789 (Tex. 1974); Tex. Civ. Prac. & Rem. Code § 16.051 (checked October 3, 2026)
- Tex. Civ. Prac. & Rem. Code § 74.251 (checked October 3, 2026)
- RCW 4.16.080(2) (checked October 3, 2026)
- RCW 4.16.080(2); Atchison v. Great Western Malting Co., 161 Wn.2d 372 (2007) (checked October 3, 2026)
- RCW 4.96.020; RCW 4.92.100; RCW 4.92.110 (checked October 3, 2026)
- RCW 4.16.190; Atchison v. Great Western Malting Co., 161 Wn.2d 372 (2007) (checked October 3, 2026)
- RCW 4.16.100(1); RCW 4.16.350 (checked October 3, 2026)
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