Car Accident — California

Car Accident in California — What You Need to Know

California has specific laws that directly affect the value of your car accident claim and your deadline to file. Understanding them before you speak with any insurance company is critical.

Statute of Limitations

California statute of limitations for car accident claims: 2 years from the date of the accident (Cal. CCP § 335.1). Missing this deadline permanently bars your claim.

California Pure Comparative Fault

California follows pure comparative fault (Cal. Civ. Code § 1714) — you can recover damages even if you were 99% at fault, though your recovery is reduced by your percentage of fault. This is more plaintiff-friendly than most states. However California also requires all drivers to carry minimum liability coverage of 15/30/5 — some of the lowest minimums in the country, which means many at-fault drivers are significantly underinsured.

California-Specific Tip

California requires insurers to offer Uninsured Motorist coverage — given the state's high rate of uninsured drivers, always carry UM/UIM coverage. California also has specific rules about rental car coverage and diminished value claims that differ from other states.

📊 California follows pure comparative fault — you can recover even if partly at fault, but recovery is reduced proportionally.

What To Do After a Car Accident in California

1

Call 911 — a police report is required for insurance claims involving injury in California

2

Exchange insurance, license, and vehicle registration information with all drivers

3

Photograph all vehicles, license plates, road conditions, traffic signals, and injuries

4

Get witness contact information before anyone leaves the scene

5

Seek medical attention within 24 hours — even if you feel fine

6

Do NOT admit fault or apologize at the scene

7

Report to your own insurer but do not give a recorded statement to the other driver's insurer without an attorney

8

Contact a California personal injury attorney before accepting any settlement offer

Frequently Asked Questions — Car Accident in California

How long do I have to file a car accident lawsuit in California?

2 years from the date of the accident. 2 years from date of injury (Cal. CCP § 335.1). Missing this deadline permanently bars your claim regardless of how serious your injuries are.

What fault rules apply to car accidents in California?

California follows pure comparative fault (Cal. Civ. Code § 1714) — you can recover damages even if you were 99% at fault, though your recovery is reduced by your percentage of fault. This is more plaintiff-friendly than most states. However California also requires all drivers to carry minimum liability coverage of 15/30/5 — some of the lowest minimums in the country, which means many at-fault drivers are significantly underinsured.

How much is a car accident case worth in California?

California car accident settlements depend on injury severity, medical costs, lost wages, and strength of liability. Minor injury cases may settle for $10,000-$50,000. Serious injury cases frequently settle for $100,000 to over $1 million.

Do I need a California personal injury attorney for a car accident?

Studies consistently show that represented accident victims receive 3-4 times more compensation than unrepresented victims — even after attorney fees. California PI attorneys work on contingency, so there is no upfront cost to get representation.

Ready to speak with a California attorney?

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