A car accident claim is a demand for compensation from the driver, or the driver's insurer, whose careless driving caused your injury. In California you generally have two years to file suit, any share of fault you carry reduces your recovery, and your own uninsured or underinsured motorist coverage can pay when the other driver's insurance does not.
Written and reviewed by
Last reviewed
| Filing deadline | Generally two years from the crash (Code Civ. Proc. § 335.1) |
|---|---|
| Public vehicles or roads | Written claim to the agency, usually within six months (Gov. Code § 911.2) |
| Fault rule | Pure comparative fault: your share reduces the award but does not bar it |
| Who may pay | The at-fault driver's insurer, then your own UM/UIM and MedPay coverage |
| Attorney fee | 33% contingency; no attorney's fee unless there is a recovery, though case costs and expenses may still apply |
| First consultation | Free, about thirty minutes, in English, Armenian, Russian or Spanish |
What should you do after a car accident in California?
After a car accident in California, get medical care, report the crash where the law requires it, and preserve the evidence before it disappears. Whether or not you hire a car accident lawyer, the first week often decides how an insurer values the claim months later.
- Stop and exchange information Vehicle Code §§ 20001 and 20003 require drivers in an injury collision to stop and render reasonable help. Each driver must also give a name, address, license and registration.
- Report the crash Police usually respond when someone is hurt; the California Highway Patrol generally handles freeway collisions. Separately, Vehicle Code § 16000 requires an SR-1 report to the DMV within ten days. It applies where the crash injured anyone or property damage exceeded the DMV’s threshold.
- Get treated promptly Neck, back and head injuries often surface a day or two later. A same-week medical visit links the injury to the crash in writing.
- Photograph and write down Vehicle damage, skid marks, the traffic signals, road conditions, and the names of witnesses. Write your own account while you still remember the sequence.
Who is at fault in a California car accident?
The driver who failed to use reasonable care is at fault, and drivers can share fault. California applies pure comparative fault, so each driver’s share reduces what they can recover but does not bar recovery.
A traffic violation matters a great deal. Under Evidence Code § 669, the law presumes that a driver who broke a safety law acted negligently. Running a red light or making an unsafe left turn are common examples. The presumption applies if the violation caused the kind of harm the law exists to prevent. The other driver can rebut it, but it shifts the argument.
Rear-end collisions
In a rear-end collision, insurers and courts usually find the following driver at fault. Vehicle Code § 21703 prohibits following more closely than is reasonable and prudent. Even so, fault in a rear-end collision is not automatic. A lead driver who stopped suddenly without reason, reversed or had no working brake lights can share responsibility.
When someone other than the driver is responsible
An employer is usually responsible for a crash its employee causes while doing the job, such as a delivery driver on a route. Rideshare companies carry commercial policies that apply in stages. Which stage applies depends on whether the driver’s app was on and whether the driver had accepted a ride; our guide to Uber and Lyft accident claims in California walks through each one. A vehicle defect or a dangerous road design can bring in a manufacturer or a public entity. For that reason, a car accident lawyer looks for every responsible party, because each may carry its own insurance.
Which insurance pays after a car accident?
The at-fault driver’s liability insurance pays first, up to its limits. When that insurance is missing or not enough, your own policy can step in through uninsured motorist, underinsured motorist and medical payments coverage.
| Coverage | Whose policy | What it does |
|---|---|---|
| Bodily injury liability | At-fault driver’s | Pays your injury losses up to the policy limit |
| Uninsured motorist (UM) | Yours | Stands in when the at-fault driver has no insurance, or in some hit-and-run crashes |
| Underinsured motorist (UIM) | Yours | Adds coverage when the at-fault driver’s limits are too low |
| Medical payments (MedPay) | Yours | Pays medical bills regardless of fault, up to its limit |
Insurers usually handle damage to your vehicle as a separate property damage claim, and it often settles long before the injury claim. Settling the vehicle damage should not release the injury claim, but the release wording needs to say so.
California’s minimum liability limits are low compared with the cost of a serious injury. As a result, a significant case often exhausts the at-fault driver’s policy. Checking your own declarations page early tells you what else is available.
What happens if the other driver is uninsured or drives away?
If the at-fault driver is uninsured, or cannot be identified after a hit-and-run, your own uninsured motorist coverage can pay for your injuries. Insurance Code § 11580.2 requires California insurers to offer uninsured motorist coverage, and it applies unless you waived it in writing.
A UM claim is a claim against your own insurer. Even so, the insurer stands in the shoes of the at-fault driver and can dispute fault and value. An arbitrator, rather than a court, generally resolves disputes.
- Hit-and-run crashes For an unidentified driver, the statute generally requires physical contact between the vehicles. It also requires prompt reporting to the police and a sworn statement to your insurer within short time limits.
- The two-year condition Within two years of the accident, you must file suit against the uninsured driver, reach agreement with the insurer, or formally demand arbitration. Otherwise you can lose the UM claim.
- Uninsured claimants Under Proposition 213 (Civil Code § 3333.4), a driver who was uninsured at the time of the crash generally cannot recover pain and suffering damages. Medical bills and lost earnings remain recoverable. There are exceptions, including where the at-fault driver was convicted of driving under the influence.
How does underinsured motorist coverage work?
Underinsured motorist coverage pays when the at-fault driver’s liability limits are lower than your own UIM limits and do not cover your losses. It does not simply add to what the other driver’s insurer paid. Instead, your insurer generally credits that payment against your UIM limit.
A UIM claim usually opens only once the at-fault driver’s insurer has paid its full limit. Your insurer may require written consent before you settle with the other driver. The timing, that consent and the credit for amounts already paid all need handling in the right order. Otherwise they can compromise the UIM claim, which is why a car accident lawyer plans the sequence from the start.
What evidence matters in a car accident claim?
The evidence that matters most shows how the crash happened and how the injury has affected you since. Much of the first kind disappears within days or weeks, so a car accident lawyer usually sends preservation letters in the first week.
- Traffic collision report The police or CHP report records statements, diagrams and any citation. It is not the last word on fault, but insurers read it first.
- Video Dashcams, doorbell cameras and nearby businesses record over their footage on a cycle. A written preservation request needs to go out quickly.
- Vehicle data Many vehicles store speed and braking data in an event data recorder. Vehicle Code § 9951 protects that data, so it usually needs the owner’s consent or a court order to download.
- Medical records Emergency room notes, imaging and follow-up care connect the injury to the crash and describe its course. Consistent treatment is the most persuasive evidence of a genuine injury.
- Work records Pay stubs, tax returns and a letter from your employer document lost income.
- Your own account Notes made in the first days show the sequence of the crash. A simple journal of pain, sleep and missed activities then shows how the injury has affected daily life in a way bills cannot.
How are medical bills and liens handled?
While the claim is open, your health insurance, MedPay or a lien-based provider usually pays the medical bills from a car accident. The recovery then repays them at the end. The at-fault driver’s insurer pays one lump sum at settlement, not bill by bill.
Health plans, Medi-Cal, Medicare and hospitals can all assert liens or reimbursement rights, each under different rules. Some allow a reduction for the legal costs of obtaining the recovery; some do not. Resolving liens accurately is part of the work, and it directly affects what you take home.
Under California law, courts generally measure recoverable medical expenses by the amount actually paid or owed for your care. The higher amount first billed does not count. The settlements and verdicts page explains how that affects valuation.
How long do you have to file a car accident claim?
You generally have two years from a California car accident to file an injury lawsuit, under Code of Civil Procedure § 335.1. If the crash involved a public vehicle or a public road, a written claim to the agency is usually due within six months. That shorter rule comes from Government Code § 911.2.
A crash with a Metro bus, a city truck or a county vehicle falls under the six-month rule, as can a crash caused by a dangerous road condition. The personal injury deadlines page lists the other time limits that can apply. Meanwhile, the guide to giving a statement to the insurer covers the adjuster calls that usually begin within days. Both sit within the firm’s wider personal injury practice.
What does a car accident lawyer cost here?
The firm handles car accident claims on a 33% contingency fee, taken from the recovery. There is nothing up front and no hourly billing. If there is no recovery, you owe no attorney’s fee, though you may remain responsible for case costs and expenses. The written agreement explains how the firm handles those before you sign. The fees and consultations page has the detail.
Your first consultation is free and takes about thirty minutes, in person, by phone or by video.