Frequently Asked Questions About California Car Accident Cases
California is a fault-based (tort) state for car accidents. The driver who caused the collision bears legal and financial responsibility for resulting damages. Injured parties can pursue compensation through three channels:
- The at-fault driver's liability insurance
- Their own uninsured/underinsured motorist coverage
- A civil lawsuit filed in California Superior Court
This fault-based system differs from no-fault states where each driver's insurance pays regardless of who caused the accident.
Pure comparative negligence is a legal doctrine under California Civil Code that allows injured parties to recover damages even when partially at fault for an accident. Compensation is reduced by the injured party's percentage of fault.
Example: A jury finds you 20% responsible for a collision and awards $100,000 in damages. Under pure comparative negligence, you receive $80,000 ($100,000 minus 20%).
Key distinction: Unlike modified comparative negligence states that bar recovery above 50% fault, California's pure comparative negligence allows recovery even at 99% fault—you would still receive 1% of your damages.
Insurance companies frequently attempt to attribute maximum fault to injured victims to reduce their liability. An experienced car accident lawyer counters these tactics and minimizes fault assigned to you.
California's statute of limitations for personal injury claims is two years from the date of the accident under California Code of Civil Procedure Section 335.1. Filing after this deadline typically bars you from recovering compensation through the courts.
Exception for government entities: Claims against city buses, state vehicles, or injuries caused by highway defects have a shorter six-month filing deadline under the California Government Claims Act (California Government Code Section 911.2).
Exception for minors: The two-year period does not begin until a minor turns 18, giving them until age 20 to file.
Given the time required to investigate accidents, gather evidence, and build strong cases, consult an attorney promptly after any car accident.
California Vehicle Code Section 16056 requires all drivers to carry minimum liability insurance:
| Coverage Type | Minimum Amount |
|---|---|
| Bodily injury per person | $15,000 |
| Bodily injury per accident | $30,000 |
| Property damage | $5,000 |
These minimums frequently prove insufficient for serious injuries. A single emergency room visit can exceed the $15,000 per-person limit.
Uninsured Motorist (UM) Coverage: Pays for your injuries when the at-fault driver has no insurance. Optional but recommended in California.
Underinsured Motorist (UIM) Coverage: Applies when the at-fault driver's insurance is insufficient to cover your damages. Optional but recommended in California.
Timeframes vary significantly based on case complexity, injury severity, and whether litigation is required. Simple cases with clear liability and minor injuries may settle within three to six months. More complex cases requiring litigation can take one to three years or longer, particularly if the case goes to trial. Cases generally cannot be fully resolved until you reach maximum medical improvement, as settling too early risks undervaluing your long-term damages.
