
Hurt in a car crash?
Car accidents · Statewide
Car crash anywhere in California
California rules for fault, insurance and deadlines are the same from San Diego to Sacramento. Start with a quick case review.
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Good to know
Before you do anything else
California is a pure comparative-fault state: even if you were partly to blame for a crash, you can generally recover damages reduced by your share of fault (Li v. Yellow Cab Co., 1975).
Most injury claims must be filed within two years of the crash (Code of Civil Procedure 335.1), and claims against a city, county or state agency usually require a written government claim within six months (Government Code 911.2).
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FAQ
Frequently asked questions
- What should I do right after a car accident in California?
- Check for injuries and call 911 if anyone is hurt. Exchange names, license, registration and insurance information with the other driver, take photos of the vehicles, the scene and any injuries, and get contact details for witnesses. See a doctor even if you feel fine, because some injuries show up later.
- Do I have to report the accident to the DMV?
- Yes, if anyone was injured or killed, or if property damage was over $1,000. Each driver must file form SR-1 with the DMV within 10 days, whether or not a police report was made (Vehicle Code 16000).
- How long do I have to file a lawsuit?
- Generally two years from the date of the accident for injuries (Code of Civil Procedure 335.1) and three years for vehicle and property damage (Code of Civil Procedure 338). If a city, county, transit agency or the State is involved, a written government claim is usually due within six months (Government Code 911.2).
- What if I was partly at fault?
- California uses pure comparative fault. You can still recover damages even if you were partly at fault, but your recovery is reduced by your percentage of fault.
- What are California's minimum car insurance limits?
- For policies issued or renewed since January 1, 2025, the minimum liability limits are $30,000 for injury or death of one person, $60,000 for injury or death of more than one person, and $15,000 for property damage. Serious injuries often cost more than these limits, which is why your own uninsured/underinsured motorist coverage matters.
- What if the other driver has no insurance?
- Your own policy's uninsured motorist (UM) coverage may pay for your injuries, and underinsured motorist (UIM) coverage may help when the other driver's limits are too low (Insurance Code 11580.2). These coverages have their own notice and timing rules, so tell your insurer promptly.
- Do I have to give the other driver's insurance company a recorded statement?
- You are not required to give a recorded statement to the other driver's insurer. You do have duties to cooperate with your own insurer under your policy. Many people talk to a lawyer before giving any statement.
- Does it cost anything to talk to a lawyer?
- The first consultation is free. If you decide to hire a lawyer, the fee and how costs are handled must be set out in a signed written agreement, and in California a contingency fee is not set by law and is negotiable (Business and Professions Code 6147).
- Why are truck accident cases different from car accidents?
- More parties can be responsible: the driver, the trucking company, a broker or shipper, a loading company or a maintenance shop. Interstate trucks also follow federal safety rules from the Federal Motor Carrier Safety Administration, such as hours-of-service limits (49 CFR Part 395).
- What evidence matters in a truck crash?
- Electronic logging device (ELD) data, driver logs, maintenance and inspection records, the truck's engine data, dispatch records and dashcam video. Carriers only have to keep some records for a limited time (hours-of-service records for six months under 49 CFR 395.8(k)), so it helps to ask for them to be preserved early.
- Do trucking companies carry more insurance?
- Usually. Federal rules require interstate for-hire carriers of general freight to carry at least $750,000 in liability coverage, and more for some hazardous materials (49 CFR 387.9).
- Is lane splitting legal for motorcycles in California?
- California law does not prohibit lane splitting, and Vehicle Code 21658.1 defines it and allows the CHP to publish safety guidelines. Whether a rider was splitting lanes safely can still come up when fault is decided.
- Does not wearing a helmet affect my claim?
- California requires motorcycle riders and passengers to wear a helmet (Vehicle Code 27803). Not wearing one does not bar a claim, but the other side may argue it made a head injury worse and reduced damages under comparative fault.
- How long do I have to file?
- Generally two years for injury claims (Code of Civil Procedure 335.1), and usually six months for a written claim if a public entity's vehicle or road is involved (Government Code 911.2).
General information about California law, not legal advice.
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