California Accident Injury Law: Your Rights, Your Deadlines, Your Path to Recovery.

California's general personal injury statute of limitations is two years from the date of injury under Code of Civil Procedure § 335.1. If the at-fault party is a government entity — a city, county, state agency, or public transit authority — a written tort claim must be filed with the responsible entity within six months under Government Code § 911.2. Missing this six-month deadline typically bars the claim against the government defendant permanently, regardless of the standard two-year period.

California follows pure comparative negligence, established in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. Under this system, an injured person may recover damages even if they were partially at fault — their recovery is reduced by their percentage of fault but is not eliminated. A person found 30 percent at fault for their own accident would recover 70 percent of their total damages. This is more plaintiff-favorable than the modified comparative negligence rules used in many other states, where a plaintiff who exceeds a fault threshold (typically 50 or 51 percent) recovers nothing.

Effective January 1, 2025, Senate Bill 1107 updated California's minimum liability insurance requirements to $30,000 per person / $60,000 per occurrence / $15,000 for property damage. These are the minimums — the at-fault driver's insurer is only required to pay up to these limits regardless of actual damages. Injured people whose damages exceed the at-fault driver's policy limits may need to access their own underinsured motorist (UIM) coverage for the difference.

Negligence per se is a doctrine under which a defendant's violation of a statute designed to protect a class of people from a specific type of harm is treated as conclusive proof that they failed to exercise reasonable care — eliminating one element of the plaintiff's negligence case. In California accident injury cases, it applies most commonly to DUI drivers (CVC § 23153), following-distance violators in rear-end collisions (CVC § 21703), and red-light runners at intersections (CVC § 21453). When negligence per se applies, the injured person does not need to separately prove that the at-fault driver's conduct was unreasonable.

California Civil Code § 3294 allows punitive damages when the defendant's conduct constitutes malice, oppression, or fraud — conscious disregard for the rights and safety of others. California courts have consistently held that driving under the influence with knowledge of the risks constitutes the conscious disregard required for a punitive damages claim. However, most standard auto liability insurance policies do not cover punitive damages — the DUI driver may be personally responsible for any punitive award beyond their insurance coverage. The availability and collectability of punitive damages depends on the defendant's financial resources and insurance policy terms.

Call 911 if any injury occurred, photograph the scene, exchange information with all drivers, collect witness contact information, and seek medical evaluation the same day even if symptoms seem minor — whiplash and concussion often present hours or days later. File an SR-1 with the California DMV within 10 days if any injury occurred or property damage exceeded $1,000. Do not provide a recorded statement to the at-fault driver's insurer without first consulting an attorney. Use the Post-Accident Checklist on this site for a full step-by-step reference guide.

After an accident, claims are typically opened with one or more insurance companies. An adjuster investigates liability and damages. If liability is clear and injuries are documented, a settlement may be reached after the injured person reaches maximum medical improvement (MMI) — the point at which their condition has stabilized. The demand package submitted to the insurer includes medical records, billing, lost wage documentation, and a settlement demand. If negotiation fails, a lawsuit may be filed in California Superior Court before the statute of limitations expires. Use the Claim Stage Tracker for a visual overview of the full process.

You are not legally required to retain an attorney for a California accident injury claim, but studies consistently show that represented claimants receive higher net settlements even after attorney fees than unrepresented claimants with comparable injuries. Most California personal injury attorneys work on contingency — no fee unless the case succeeds — which means there is no upfront cost to retain representation. The complexity of the claim (multiple defendants, government entity involvement, disputed liability, serious injuries) generally increases the benefit of professional representation. Use the State Bar of California attorney finder to locate licensed counsel.

The California Government Claims Act requires that a written tort claim be filed with the responsible government entity within six months of the date of injury before a lawsuit against that entity can be filed — under Government Code § 911.2. This applies to accidents involving city vehicles, county vehicles, Caltrans trucks, CHP patrol cars, transit authority buses, and any other government agency vehicles. The six-month deadline is separate from and shorter than the standard two-year civil statute of limitations. Failing to file the government tort claim within six months typically bars the action against the government defendant regardless of how strong the underlying negligence case is.

California accident injury plaintiffs may recover economic damages — medical bills past and future, lost wages and lost earning capacity, property damage, and other out-of-pocket costs — and non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life. California does not cap non-economic damages in standard vehicle accident cases (the MICRA cap applies only to medical malpractice). In cases involving DUI defendants or other malicious conduct, punitive damages under Civil Code § 3294 may also be sought. The total recovery depends on the strength of liability evidence, the severity of documented injuries, and the defendant's insurance and personal assets.