Do I Have a Case After Being Rear-Ended a Year Ago in California?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
I was rear-ended almost a year ago. I haven't seen a doctor, but I need to because of headaches, anxiety, and cognitive issues. Do I have a case?
Attorney Answer
Yes, you likely still have a potential case, but you should see a doctor now, both for your health and to protect your legal claim. Waiting close to a year to seek treatment is a real practical challenge, though it does not automatically bar you from pursuing compensation.
In California, you generally have 2 years from the date of a car accident to file a personal injury lawsuit, under Code of Civil Procedure section 335.1. Since your accident happened almost a year ago, you likely still have time, but insurance companies often use gaps in treatment to argue that your symptoms, including headaches, anxiety, and cognitive issues, are not related to the crash or are not as serious as you say. The sooner you get evaluated, the stronger the link between the accident and your symptoms will be.
California also follows a pure comparative negligence rule, meaning that even if you were partly at fault for the accident, you can still recover damages, just reduced by your share of fault. Since you were rear-ended, fault is often more straightforward, though the other driver's insurer may still look for ways to dispute it.
What you can do
1. See a doctor as soon as possible. Tell them clearly that your symptoms started after being rear-ended, and get every symptom documented, including headaches, anxiety, and cognitive issues. 2. Ask for a referral to a neurologist or specialist if head trauma or a concussion is suspected, since cognitive symptoms after a crash can be significant. 3. Gather anything you still have from the accident: the police report, photos, insurance information for both vehicles, and repair estimates. 4. Contact a personal injury attorney soon. Many offer free consultations and only get paid if you recover money, and they can help explain the treatment gap to the insurance company the right way. 5. Avoid giving a recorded statement to the other driver's insurance company before speaking with an attorney.
Because your filing window is running and the year-long treatment gap will need to be explained, this is a good time to get a personal injury attorney involved. This is general legal information, not legal advice, and a California personal injury attorney can review your medical records and the accident details to advise you on your specific situation.
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Frequently Asked Questions
Will the insurance company dispute my injuries because I waited to see a doctor?
Very likely, yes. Insurers often argue that a long gap between an accident and medical treatment means the injuries were not serious or were not caused by the crash, so getting evaluated now and explaining the delay to your doctor is important.
What if I was partly to blame for the accident?
California allows you to recover damages even if you were partly at fault, though your recovery would be reduced by your percentage of fault. Since you were rear-ended, the other driver is often found primarily responsible, but this can still be disputed.
Do I file a claim through my own insurance or the other driver's?
You can typically pursue a claim with the other driver's insurance since they were likely at fault, though your own policy's medical payments or uninsured motorist coverage may also apply. An attorney can help you sort out which coverage applies to your situation.
