# California car accident law: deadlines, fault and your claim

> California car accident law: a 2-year injury deadline, pure comparative fault, 6-month claims against government agencies, SR-1 reports and insurance.

Canonical page: https://accidentclaimfacts.com/location/california/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

In California you generally have 2 years from the crash to file a lawsuit for injuries and 3 years for damage to your car. California uses pure comparative fault: your damages are cut by your share of the blame, but being mostly at fault does not wipe them out. The deadline that catches people out is the one for public agencies: a claim against a city, county or state agency must be filed within 6 months.

## Key facts

| Fact | Detail | Note |
|---|---|---|
| Injury lawsuit deadline | 2 years | Cal. Code Civ. Proc. § 335.1 |
| Vehicle damage deadline | 3 years | Cal. Code Civ. Proc. § 338(c)(1) |
| Wrongful death deadline | 2 years | From the date of death |
| Fault rule | Pure comparative fault | No percentage cutoff |
| Claim against a public agency | 6 months | A written claim comes before any lawsuit |
| Minimum liability insurance | $30,000 / $60,000 / $15,000 | Per person / per crash / property |
| Fault system | At-fault | Personal injury protection: Not required |
| Traffic deaths in California, 2024 | 3,876 | IIHS count |
| Lawyer referral | Certified local services | Listed by the State Bar of California |

## Filing deadlines in California

California's Code of Civil Procedure sets a statute of limitations of 2 years for an injury lawsuit after a crash. The clock usually starts on the day of the crash.

| Claim | Deadline | Law |
|---|---|---|
| Personal injury | 2 years | Cal. Code Civ. Proc. § 335.1 |
| Damage to your vehicle or other property | 3 years | Cal. Code Civ. Proc. § 338(c)(1) |
| Wrongful death | 2 years from the date of death | Cal. Code Civ. Proc. § 335.1 |
| Claim against a public agency | Written claim within 6 months | Gov. Code § 911.2 |
| Uninsured motorist claim on your own policy | 2 years to sue the driver, settle or start arbitration | Ins. Code § 11580.2(i) |

When the injured person is a child, the time before the child turns 18 is not counted toward the deadline, but this pause does not apply to claims against a public agency that require a government claim first. This pause is a form of tolling.

Claims against the government work differently: you must first file a written claim with the public agency, within 6 months for an injury or for damage to your property, before you can sue it. This rule can apply after a crash with a city bus, a police car or a state vehicle, or when a dangerous road helped cause the crash. If the agency rejects the claim in writing, you generally have 6 months from that notice to file a lawsuit. The [Los Angeles guide](https://accidentclaimfacts.com/location/los-angeles/) shows where claims against the city and county are filed there.

> **Warning:** Insurance talks do not pause any of these deadlines. The government claim deadline of 6 months keeps running while you are still being treated.

## How fault is shared in California

California's fault rule comes from the state Supreme Court decision Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. A jury sets a percentage of fault for each person who caused the crash, and your damages are reduced by your share. There is no cutoff, so you can recover part of your losses even if you were mostly to blame.

> **Example:** You change lanes without signaling and a speeding driver hits you. The jury finds the other driver 75% at fault and you 25%. Your proven damages are reduced by 25%. The same rule works in reverse: the other driver can recover 25% of their own damages from you.

Because every percentage point changes the payout on both sides, adjusters often argue over small details of a crash. Try the [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/?state=ca&fault=20#fault) to compare California with states that bar recovery at 50% or 51%.

## Insurance in California

California drivers must carry liability insurance of at least $30,000 per person and $60,000 per crash for injuries, plus $15,000 for property damage. California is an at-fault state: the driver who caused the crash, through their insurer, pays for the losses. Other coverages work like this:

- **Uninsured and underinsured motorist coverage:** Must be offered; can be rejected by signing a waiver.
- **Medical payments coverage:** Optional (may be offered).
- **Personal injury protection:** Not required.

The Insurance Information Institute estimates that 20.4% of California drivers were uninsured in 2023, against 15.4% nationally. Drivers with a low income may qualify for California's Low Cost Automobile Insurance Program.

California's Fair Claims Settlement Practices Regulations cover people claiming on their own policy and people claiming against someone else's policy. An insurer must acknowledge a claim within 15 days and accept or deny it within 40 days after receiving proof of the claim. If it needs more time, it must tell you why in writing every 30 days. The California Department of Insurance takes questions and complaints at 1-800-927-4357 (consumer hotline).

## After a crash in California

California has two separate reporting duties, and one does not replace the other:

1. **Report injuries to the police within 24 hours.** Under Vehicle Code § 20008, if anyone is hurt or killed, the driver must make a written report to the California Highway Patrol or, in a city, to the CHP or the city police within 24 hours.
2. **File an SR-1 with the DMV within 10 days.** The form is required if anyone was hurt or killed, or if property damage was over $1,000. Note that a report filed with the police, the CHP or an insurance company does not count as the SR-1. If the SR-1 is late, the DMV may suspend the driver's license.

To get a copy of the crash report, ask the agency that wrote the report; for a CHP report, a party to the crash can request it through the CHP's online crash portal, or with form CHP 190 at the CHP Area office. Fees vary: the CHP Area office tells you the exact fee. City police departments run their own request systems. Our guide to [police reports](https://accidentclaimfacts.com/claim-process/police-report/) explains how insurers use them.

## Special rules in California

### Uninsured drivers lose pain-and-suffering damages

Under Proposition 213, approved by voters in 1996, an injured person who owned an uninsured vehicle in the crash, or drove without proof of insurance, generally cannot recover non-economic damages such as pain and suffering. The rule targets non-economic damages, not medical bills or lost pay. A lawyer can tell you whether an exception applies to your crash.

### Hit-and-run crashes

Your own uninsured motorist coverage may pay after a hit-and-run, but the injury must come from physical contact between the hit-and-run vehicle and you or the vehicle you were in. You must also report the crash to the police, CHP or sheriff within 24 hours and file a sworn statement with your insurer within 30 days after that. The amount is settled by agreement between you and your insurer or, if you disagree, by arbitration. See our guide to [hit-and-run accidents](https://accidentclaimfacts.com/accidents/hit-and-run-accidents/).

### Bars, stores and party hosts

California's dram shop law is narrow: a seller or server is generally not liable for injuries caused by an adult customer's intoxication, but a claim is allowed against a licensee who sells alcohol to an obviously intoxicated minor. For private parties, a social host is generally not liable for serving alcohol to guests, but an adult who knowingly serves alcohol at home to someone under 21 can face a claim.

## Crashes on California roads

The Insurance Institute for Highway Safety counted 3,876 crash deaths in California in 2024. That is 9.8 per 100,000 people, compared with 11.5 per 100,000 people for the US as a whole. Speeding played a part in 29% of those deaths, and 27% happened on rural roads.

## Finding a lawyer in California

The State Bar of California certifies lawyer referral services and publishes [the list of certified services](https://www.calbar.ca.gov/sites/default/files/2026-07/Certified-Legal-Referral-Services.pdf). Most serve a particular county or region, and many are run by county bar associations. In Los Angeles County, the county bar's service is SmartLaw, reached at 213-243-1525. Read how [lawyer referral services](https://accidentclaimfacts.com/choosing-a-lawyer/lawyer-referral-services/) work before you call.

Before you hire anyone, look the lawyer up in the State Bar's [Attorney Search](https://apps.calbar.ca.gov/attorney/LicenseeSearch/QuickSearch), which shows license status and any public discipline.

## FAQ

### What is the statute of limitations for a car accident in California?

Generally 2 years from the crash for an injury lawsuit and 3 years for damage to your vehicle. A wrongful death claim has 2 years from the date of death. A claim against a public agency must be filed within 6 months.

### Is California a no-fault state?

No. California is an at-fault state, and personal injury protection is not required. The at-fault driver's liability insurance pays for the other people's losses, up to its limits.

### Can I recover damages if I was partly at fault in California?

Yes. Under pure comparative fault, your damages are reduced by your percentage of fault, with no cutoff. A driver found 80% at fault can still recover 20% of their proven damages.

### Do I have to report a car accident to the DMV in California?

Yes, if anyone was hurt or killed or property damage was over $1,000. File the SR-1 within 10 days, even if police or an insurer already has a report.

### Can an uninsured driver sue for pain and suffering in California?

Generally not. Under Civil Code § 3333.4, an injured person who owned an uninsured vehicle in the crash, or drove without proof of insurance, generally cannot recover non-economic damages such as pain and suffering. Medical bills and lost pay are a separate category.

### How do I check a California lawyer's license?

Search the State Bar of California's Attorney Search, which lists every licensed attorney with their status and any public discipline.

## Sources

- [California DMV, Insurance requirements](https://www.dmv.ca.gov/portal/vehicle-registration/insurance-requirements/) — minimum liability limits
- [California Highway Patrol, Request a crash report](https://chp.ca.gov/traffic/request-a-crash-report/) — CHP crash portal and form CHP 190
- [Judicial Branch of California, Ask a government agency to pay you](https://selfhelp.courts.ca.gov/ask-government-agency-pay-you-submit-claim) — government claim deadlines
- [California Department of Insurance, Automobile insurance consumer guide](https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/upload/IG-Auto-Insurance-Updated-020525.pdf) — coverage types and the low-cost program
- [California Legislature, Code of Civil Procedure § 335.1](https://law.justia.com/codes/california/code-ccp/part-2/title-2/chapter-3/section-335-1), checked October 29, 2026
- [California Legislature, Code of Civil Procedure § 338(c)(1)](https://law.justia.com/codes/california/code-ccp/part-2/title-2/chapter-3/section-338), checked October 29, 2026
- [Supreme Court of California, Norgart v. Upjohn Co. (1999) 21 Cal.4th 383 (via SCOCAL)](https://scocal.stanford.edu/opinion/norgart-v-upjohn-co-32045), checked October 29, 2026
- [California Legislature, Insurance Code § 11580.2(i)(1)](https://law.justia.com/codes/california/code-ins/division-2/part-3/chapter-1/article-2/section-11580-2/), checked October 29, 2026
- [California Legislature, Code of Civil Procedure § 352 (2025 code)](https://law.justia.com/codes/california/code-ccp/part-2/title-2/chapter-4/section-352/), checked October 29, 2026
- [Los Angeles City Attorney, Claims (citing Government Code § 945.6)](https://cityattorney.lacity.gov/claims), checked October 29, 2026
- [Supreme Court of California, Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 (via SCOCAL)](https://scocal.stanford.edu/opinion/li-v-yellow-cab-co-27850), checked October 29, 2026
- [Insurance Information Institute, Facts + Statistics: Uninsured motorists](https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists), checked October 29, 2026
- [California Code of Regulations, tit. 10, § 2695.2(c)](https://www.law.cornell.edu/regulations/california/10-CCR-2695.2), checked October 29, 2026
- [California Code of Regulations, tit. 10, § 2695.5(e)](https://www.law.cornell.edu/regulations/california/10-CCR-2695.5), checked October 29, 2026
- [California Code of Regulations, tit. 10, § 2695.7(b)](https://www.law.cornell.edu/regulations/california/10-CCR-2695.7), checked October 29, 2026
- [California Legislature, Vehicle Code § 20008 (2023 code)](https://law.justia.com/codes/california/code-veh/division-10/chapter-1/section-20008/), checked October 29, 2026
- [California DMV, Report of Traffic Accident Occurring in California (SR 1, Rev. 6/2025)](https://www.dmv.ca.gov/portal/file/report-of-traffic-accident-occurring-in-california-sr-1-pdf/), checked October 29, 2026
- [California Secretary of State, Proposition 213 (1996) text adding Civil Code § 3333.4](https://vigarchive.sos.ca.gov/1996/general/pamphlet/213text.htm), checked October 29, 2026
- [California Department of Alcoholic Beverage Control, Intoxicated Persons and Disorderly Premises (Bus. & Prof. Code §§ 25602, 25602.1)](https://www.abc.ca.gov/education/merchant-education/off-sale-licensee-informational-guide/intoxicated-persons-and-disorderly-premises), checked October 29, 2026
- [California Legislature, Civil Code § 1714(c)-(d)](https://law.justia.com/codes/california/code-civ/division-3/part-3/section-1714), checked October 29, 2026
- [SmartLaw Lawyer Referral Service (Los Angeles County Bar Association), Home page](https://smartlaw.org), checked October 29, 2026
- [Alabama Department of Insurance, State Auto Insurance Laws](https://www.aldoi.gov/Consumers/StateAutoLaws.aspx), checked October 28, 2026
- [California Department of Insurance, Automobile Series Guides](https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/), checked October 28, 2026
- [IIHS, Fatality Facts 2024: State by state](https://www.iihs.org/research-areas/fatality-statistics/detail/state-by-state), checked June 1, 2026