California Car Accident Claims
California is an at-fault auto state: you pursue the driver who caused the crash and their insurer. A two-year deadline applies (CCP § 335.1), and pure comparative negligence reduces but never bars recovery. Minimum liability limits rose to 30/60/15 for policies issued or renewed on or after Jan 1, 2025 — confirm the current minimums.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Talk to a California attorney promptly — the two-year deadline applies.
After a California car crash, you generally have two years from the date of the accident to file a personal-injury lawsuit (Cal. Code Civ. Proc. § 335.1), California is an at-fault (tort) state so you pursue the at-fault driver’s liability insurance, and pure comparative negligence (Li v. Yellow Cab Co., 13 Cal.3d 804 (1975)) reduces but never bars recovery by your share of fault. See the personal injury hub for the statewide rules.
Is California a no-fault state for car accidents?
No — California is an at-fault (tort) state, so you make a claim against the at-fault driver’s liability insurance (or your own uninsured/underinsured coverage if they lack enough). You can recover medical bills, lost wages, vehicle damage, and pain and suffering.
How long do I have to file?
| Claim type | Deadline | Statute |
|---|---|---|
| Personal injury (bodily) | 2 years from the crash | Cal. Code Civ. Proc. § 335.1 |
| Property damage (vehicle) | 3 years | Cal. Code Civ. Proc. § 338(c) |
| Wrongful death | 2 years from death | Cal. Code Civ. Proc. § 335.1 |
| Claim against a government driver/entity | 6 months to present the claim | Cal. Gov. Code § 911.2 |
The personal-injury deadline (Cal. Code Civ. Proc. § 335.1) is firm — file or settle before it runs. Claims against city, county, or state vehicles carry a much shorter 6-month notice requirement (Cal. Gov. Code § 911.2); miss that and your claim is barred even before the 2-year period expires.
What if I was partly at fault?
California uses pure comparative negligence (Li v. Yellow Cab Co., 13 Cal.3d 804 (1975)): your damages are reduced by your percentage of fault, but you are never fully barred. A driver found 99% at fault still recovers 1% of their damages — unlike states with a 50% or 51% bar.
What insurance must California drivers carry?
For policies issued or renewed on or after January 1, 2025, California’s minimum auto liability limits rose to 30/60/15 under Cal. Veh. Code § 16056 (SB 1107):
| Coverage | Minimum (as of Jan 1, 2025) | Prior minimum | Next change |
|---|---|---|---|
| Bodily injury — per person | $30,000 | $15,000 | $50,000 on Jan 1, 2035 |
| Bodily injury — per accident | $60,000 | $30,000 | $100,000 on Jan 1, 2035 |
| Property damage | $15,000 | $5,000 | $25,000 on Jan 1, 2035 |
Because these figures are amendment-prone, confirm the current minimums (Cal. Veh. Code § 16056).
What if I was uninsured at the time of the crash?
Under Proposition 213 (Cal. Civ. Code § 3333.4), an uninsured driver generally cannot recover noneconomic damages (pain and suffering), with limited exceptions — for example, if hit by a DUI driver. Economic damages (medical bills, lost wages, vehicle damage) remain recoverable.
To get matched with a local California car accident attorney, connect with a lawyer.
Connect with a local attorney
Tell us about your situation and we'll match you with a local California attorney who handles matters like yours. Free, no obligation.
Start your free intakeFrequently asked questions
- Is California a no-fault state for car accidents?
- No. California is an at-fault (tort) state. You pursue the at-fault driver and their insurer for your medical bills, lost wages, vehicle damage, and pain and suffering.
- How long do I have to file a car accident claim in California?
- Generally two years from the date of the crash for personal-injury claims (Code of Civil Procedure § 335.1). Missing the deadline usually bars the claim.
- What if I was partly at fault?
- California uses pure comparative negligence. Your recovery is reduced by your share of fault but is never fully barred — even a 99%-at-fault plaintiff can recover 1%.
Sources
Related guides
- California Dog Bite Claims California imposes strict liability on dog owners (Civil Code § 3342): an owner is liable for a bite in a public place or while the victim is lawfully on private property, regardless of the dog's prior viciousness or the owner's knowledge. This differs from 'one-bite' states. A two-year deadline applies (CCP § 335.1).
- California Medical Malpractice Claims California medical malpractice has its own deadline: 3 years from injury or 1 year from discovery, whichever comes first (CCP § 340.5). You must give 90 days' notice before filing (CCP § 364). The MICRA noneconomic-damages cap (Civil Code § 3333.2), as amended by AB 35, now increases every January 1 — confirm the current amount.
- California Motorcycle Accident Claims California is an at-fault state, and motorcycle claims follow the same rules: a two-year deadline (CCP § 335.1) and pure comparative negligence that reduces but never bars recovery. California has a universal helmet law (Vehicle Code § 27803) requiring all riders and passengers to wear a compliant helmet, which can affect a head-injury fault argument.
- California Premises Liability Claims In California, property owners and occupiers owe a general duty of ordinary care (Civil Code § 1714(a)). California abolished the rigid invitee/licensee/trespasser categories in Rowland v. Christian (1968) in favor of one reasonable-care standard. A two-year deadline (CCP § 335.1) and pure comparative negligence apply.
- California Truck Accident Claims California's negligence framework applies to truck crashes: a two-year deadline (CCP § 335.1) and pure comparative negligence that reduces but never bars recovery. Federal FMCSA regulations on hours of service, driver qualification, and maintenance layer on top for commercial carriers, and a violation can be evidence of negligence. These cases often involve multiple defendants.
- California Wrongful Death Claims California wrongful death lets certain family members sue for their losses (CCP § 377.60), while a separate survival action (CCP § 377.30) lets the estate pursue the decedent's own claims. Under CCP § 377.34, survival damages historically excluded pre-death pain and suffering; SB 447 allowed it temporarily for cases filed before Jan 1, 2026 — confirm the current statute.
- Related area: Workers' Compensation in California