Uninsured/underinsured motorist claim: within 2 years of accident must sue the UM driver, conclude agreement, or formally institute arbitration by certified mail
24 months after date of the accident, under Cal. Ins. Code 11580.2(i)(1).
Rule text
No cause of action shall accrue to the insured under any policy or endorsement provision issued pursuant to this section unless one of the following actions have been taken within two years from the date of the accident:
Calculate this deadline
- Trigger (Date of the accident): Friday, November 6, 2026.
- Add 24 months: Monday, November 6, 2028.
Cal. Ins. Code 11580.2(i)(1)
No cause of action shall accrue to the insured under any policy or endorsement provision issued pursuant to this section unless one of the following actions have been taken within two years from the date of the accident:Official source
Cal. Code Civ. Proc. 12, 12a, 12b, 350
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." CCP 350: "An action is commenced, within the meaning of this Title, when the complaint is filed."Official source
- Satisfied by (A) suit against the uninsured motorist, (B) agreement as to amount, or (C) written arbitration demand to insurer by certified mail, return receipt requested. Estoppel, waiver, impossibility, impracticality and futility can excuse noncompliance (11580.2(i)(3)). Insurer must give 30-day written SOL notice to unrepresented insureds (11580.2(k)).
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date of the accident on Monday, March 15, 2027, personal service: due Thursday, March 15, 2029.
- Trigger (Date of the accident): Monday, March 15, 2027.
- Add 24 months: Thursday, March 15, 2029.
Notes
Satisfied by (A) suit against the uninsured motorist, (B) agreement as to amount, or (C) written arbitration demand to insurer by certified mail, return receipt requested. Estoppel, waiver, impossibility, impracticality and futility can excuse noncompliance (11580.2(i)(3)). Insurer must give 30-day written SOL notice to unrepresented insureds (11580.2(k)).
Related deadlines
- UM insurer subrogation action against the liable party within 3 years after payment (36 months after)
- UM claim, accident in another state or country with insolvent tortfeasor insurer: action may be maintained within 3 months of the insolvency (3 months after)
- Bank deposits and collections (Com. Code Division 4): action within 3 years after accrual (36 months after)
- Equal Pay Act wage action: within 3 years after the last date the cause of action occurs (recovery up to 6 years of violation) (36 months after)
- Equal Pay Act retaliation action: within 1 year after the cause of action occurs (12 months after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.