California Car Accident Laws

California car accident laws include rules like the general two-year deadline to file a lawsuit, the pure comparative fault system, and the types of compensation available.

A car accident can change your life in an instant. You may face injuries, medical bills, missed work, and stress about what comes next. Knowing your rights can help you make informed choices after a crash.

The attorneys at Sweet James have over 25 years of experience helping injury victims. Understanding these rules can help you take the right steps after a crash. Reach out to us for a free consultation with a California car accident lawyer today.

California’s Pure Comparative Negligence Rule

California follows a rule called pure comparative negligence. This means you may still recover money for your injuries even if you were partly at fault for the crash. However, the amount you can recover is reduced by your share of the blame.

Insurance companies may try to place more blame on you to reduce what they pay. They may question your actions before the crash or argue that you could have avoided the collision. Evidence such as photos, witness statements, traffic camera footage, and the police report may help show what happened.

Sweet James can review the facts of your crash and explain how California’s fault rules may affect your claim. Our team can also help you respond to questions about fault from an insurance company.

California’s Statute of Limitations

California law sets deadlines for filing lawsuits. These deadlines are called statutes of limitations. If you miss the deadline that applies to your case, you may lose your right to sue. Here are the main deadlines to know:

• Personal injury claims: You generally have two years from the date of the injury to file a lawsuit. This deadline is set bym California Code of Civil Procedure Section 335.1.
• Property damage claims: You generally have three years from the date the damage happened.
• Claims against a government agency: If your crash involved a city vehicle, a public agency, or another government body, you generally must file an initial claim with the agency within six months. Special rules and exceptions may apply.

Sweet James can help you understand which deadlines may apply to your accident. If a government vehicle or agency may be involved, our team can help you identify the rules that need to be reviewed.

Deadlines With Government Claims

The deadline for a government claim is not the same as the deadline for a regular personal injury lawsuit. If the agency denies your claim, you may have only six months from the date the denial notice was mailed to file a lawsuit. Other rules may apply if the agency does not respond.

Waiting too long can make it harder to collect evidence and may prevent you from bringing a claim. It is best to check your deadline as soon as possible.

California’s Insurance Requirements

An injured person may seek payment through the at-fault driver’s insurance or, when appropriate, through another available source of coverage. For standard private passenger auto policies, drivers must carry at least:

• $30,000 for injury or death to one person in a crash.
• $60,000 for injury or death to two or more people in one crash.
• $15,000 for damage to another person’s property in one crash.

California also requires insurers to offer uninsured and underinsured motorist coverage. Sweet James can help you understand how insurance coverage may affect your claim. Our team can review the available information and explain what options may be worth exploring. For current insurance rules, see the California Department of Insurance’s auto insurance guide.

Reporting Requirements After an Accident

After a car accident, you may need to report the crash to the California Department of Motor Vehicles (DMV). California requires an SR-1 traffic accident report within 10 days if someone is injured or killed, even if the injury seems minor, or if property damage is more than $1,000. This report is required in addition to any report made to the police or your insurance company.

You should also consider reporting the crash to local law enforcement. A police report can help document the crash, but it does not automatically decide who is legally at fault. If you can do so safely, gather information at the scene.

Sweet James can help you understand what records may matter to your claim and what steps to consider after a crash. You can find the DMV’s reporting instructions on its SR-1 accident reporting page.

What Compensation Is Available Under California Law?

If another driver caused your accident, you may be able to seek compensation for impacts from the accident. The amount depends on the facts of your case, the harm you suffered, the evidence, and any share of fault assigned to you. Compensation may include:

• Medical expenses: Costs for emergency care, hospital visits, medicine, physical therapy, and other needed treatment. Future medical costs may also be considered when supported by the evidence.
• Lost wages: Income you missed while recovering from your injuries. If your injuries affect your ability to work in the future, you may also be able to seek damages for lost earning ability.
• Property damage: The cost to repair or replace your car and other personal property damaged in the car accident.
• Pain and suffering: Compensation for physical pain, emotional distress, and the ways your injuries affect daily life.

Sweet James can review your injuries, expenses, and other losses to help you understand the types of damages that may apply.

Get Help Understanding California Car Accident Laws

After a crash, it can be hard to know what to do next, especially when you are dealing with injuries and calls from insurance companies. Understanding California’s car accident laws regarding fault, insurance, and filing deadlines can help you make informed choices about your next steps.

Sweet James has recovered over $1 billion for clients. Past results do not guarantee future outcomes, and every case depends on its own facts. Our team can review your situation, explain your options, and help you understand how the law may apply to your claim.

Contact Sweet James for a free case review. Our team is available 24/7 to hear what happened and help you understand the next steps. You pay no attorney fees or costs unless we win your case.