Car accidents in Los Angeles: deadlines, reports and city claims

Deadlines and fault rules in Los Angeles#

Los Angeles has no deadlines of its own for crash lawsuits; state law applies. The 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 for an injury lawsuit is 2 years under Cal. Code Civ. Proc. § 335.1, usually counted from the day of the crash. A claim for damage to your car has 3 years, and a wrongful death claim has 2 years from the date of death.

California's fault rule comes from the state Supreme Court decision Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. A jury sets each driver's percentage of fault, and your damages are reduced by yours.

One state rule matters a great deal in a city with many uninsured cars: under California law, 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 Insurance Information Institute estimates that 20.4% of California drivers were uninsured in 2023. The California guide covers insurance minimums and other statewide rules.

Getting a crash report in Los Angeles#

Who writes 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 depends on where the crash happened. The Los Angeles Police Department (LAPD) handles city streets. On freeways inside the city, the California Highway Patrol (CHP) has primary jurisdiction, because the City Council asked it to take over freeway enforcement.

• LAPD reports. You can request a report online through the link on LAPD's website (the service is run by LexisNexis), but allow at least 45 days after the crash. By mail, send LAPD's request form with a $19 check or money order to the Records and Identification Division. Reports involving an arrest, a death or a juvenile are released only by mail.
• CHP reports. Use the CHP's online crash portal, or bring or mail form CHP 190 to the CHP Area office that handled the crash. The Area office tells you the exact fee.

Be aware that in Los Angeles, LAPD does not write a report when no one is hurt and every driver is licensed and exchanges information. California still requires drivers to file an SR-1 with the DMV within 10 days when anyone was hurt or killed or property damage was over $1,000. Our guide to police reports explains how to read and correct one.

Claims against the city or county#

Before you can sue a public body in California, you must first file a written claim, often called a notice of claimNotice of claim. A written notice that must be sent to a city, county or state agency before you can sue it, often within a few months. Glossary. For death, injury or damage to personal property, such as your car, the deadline is 6 months from the crash. This can apply after a crash with a city-owned vehicle or a claim that a street was dangerous.

• City of Los Angeles. File with the Office of the City Clerk, 200 North Spring Street, Room 395, City Hall, Los Angeles, CA 90012 (by mail, in person or through the online claim portal). The City Clerk does not accept claims by email or fax. Once filed, the City Attorney's office handles the claim.
• County of Los Angeles. File with the Executive Officer, Board of Supervisors, Attention: Claims, 500 W. Temple Street, Room 383, Los Angeles, CA 90012.

If the city denies your claim in writing, you generally have 6 months from the date of that notice to file a lawsuit. Other public agencies follow the same state claim law but have their own claims offices, so check which body owns the vehicle or the road.

Crashes in Los Angeles#

The Los Angeles Department of Transportation reported that 304 people were killed in crashes in the city in 2024. That was down from 336 in 2023, according to a city Vision Zero presentation. People on foot are hit hardest: from 2017 to 2021, an average of 132 pedestrians were killed each year, against 73 drivers, according to LADOT's Vision Zero safety study. See our guide to pedestrian accidents.

Where a lawsuit is filed#

Crash lawsuits in Los Angeles are filed in the Superior Court of California, County of Los Angeles. The court has many courthouses, and its online Filing Court Locator shows which district and courthouse a case belongs in when you enter a city, community or ZIP code. Since January 8, 2024, injury cases filed in the court's Central District have been assigned to judges at the Stanley Mosk Courthouse.

• Small claims: up to $12,500 for an individual. In small claims court, you can ask a lawyer for advice before court, but a lawyer cannot appear with you in court.
• Limited civil cases: up to $35,000.
• Unlimited civil cases: anything above that, including most serious injury claims.

Our guide to filing a lawsuit explains what happens after a complaint is filed.

Finding a lawyer in Los Angeles#

The Los Angeles County Bar Association's lawyer referral service is called SmartLaw and can be reached at 213-243-1525. It is on the State Bar of California's list of certified referral services, along with several other services in the Los Angeles area. Read about how lawyer referral services work before you call.

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