California car accident law: deadlines, fault and your claim

Filing deadlines in California#

California's Code of Civil Procedure sets a statute of limitationsStatute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary of 2 years for an injury lawsuit after a crash. The clock usually starts on the day of the crash.

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 tollingTolling. Pausing the limitations clock, for example while the injured person is a child. Glossary.

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 shows where claims against the city and county are filed there.

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.

Because every percentage point changes the payout on both sides, adjusters often argue over small details of a crash. Try the fault-rule explainer 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 coverageUninsured motorist coverage. Coverage under your own policy that pays when the at-fault driver has no insurance, or too little. Glossary: 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 reportCrash report. The official report an officer writes after investigating a crash, with the drivers, vehicles, witnesses and the officer's notes. Glossary, 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 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.

Bars, stores and party hosts

California's dram shop lawDram shop law. A law that can make a bar or store liable for serving alcohol to someone who then causes a crash. Glossary 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. 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 work before you call.

Before you hire anyone, look the lawyer up in the State Bar's Attorney Search, which shows license status and any public discipline.