If you were just in a crash on the 405, a quiet street in Sacramento, or a parking lot in San Diego, you're probably asking the same question thousands of Californians ask every year: what happens now? California car accident law shapes nearly everything that follows a collision — who pays, how fault is decided, and how long you have to act.
This guide walks through the basic legal framework that applies after a California car accident, including fault rules, reporting requirements, insurance minimums, and general timelines. It's written for people who are still gathering information, not yet ready to hire anyone, and simply want a clear picture of how the process generally works. Because California is a large state with many courts, insurers, and local procedures, some details in your situation may differ from the general information below.
California follows a "pure comparative negligence" rule, meaning an injured driver can potentially recover damages even if they were partly at fault, though any recovery is generally reduced by their percentage of fault. Most car accident injury lawsuits must generally be filed within two years of the accident date under California Code of Civil Procedure Section 335.1, while property-damage-only claims generally have a three-year window. Separately, drivers must typically report accidents involving injury, death, or more than $1,000 in property damage to the California DMV within 10 days using form SR-1. Because deadlines, fault determinations, and insurance issues vary by situation, speaking with a qualified California attorney can help clarify how these general rules may apply to your specific circumstances.
What Is California Car Accident Law?
California car accident law is the combination of state statutes, court rules, and insurance regulations that determine liability, damages, and procedure after a motor vehicle collision. This body of law draws from several sources, including the California Vehicle Code, the California Civil Code and Code of Civil Procedure, California case law, and insurance regulations overseen by the California Department of Insurance.
1. Comparative Negligence and Fault
California is a "pure comparative negligence" state, established in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. A person can still seek compensation even if they were partially responsible for an accident, though their recovery is typically reduced by their own percentage of fault. Unlike some states, California does not cut off recovery at a specific fault threshold, such as 50% or 51%.
2. Legal Rights After an Accident
Involved parties generally have the right to request the other driver's contact and insurance information, decline to sign documents from an insurance adjuster before understanding them, seek reimbursement for documented losses, request a copy of any police or CHP report, and consult an attorney before accepting a settlement offer.
3. DMV Reporting Requirements
Under California Vehicle Code Section 16000, a driver involved in a crash generally must submit a Report of Traffic Accident Occurring in California (SR-1) to the DMV within 10 days if any injury occurred, anyone was killed, or property damage appears to exceed $1,000. This requirement applies regardless of fault and is separate from any police report or insurance notification.
4. Insurance Requirements
As of January 1, 2025, California requires drivers to carry minimum liability insurance of 30/60/15 — $30,000 per person and $60,000 per accident for bodily injury, plus $15,000 for property damage. These limits replaced the prior 15/30/5 minimums that had been in place since 1967, and are scheduled to increase again to 50/100/25 in 2035.
5. Government Entity Claims
Claims involving a government vehicle or public entity, such as a city bus or a poorly maintained public road, generally require filing an administrative claim within about six months under California Government Code Section 911.2 — a much shorter deadline than a standard injury claim.
6. Evidence and Documentation
Evidence that helps establish what happened and the extent of resulting losses is generally valuable in a claim, and gathering it soon after the accident tends to be more reliable than doing so later. This includes photos of the scene and damage, witness information, medical records, and repair estimates.
Not sure how fault or deadlines apply to your accident? A quick conversation with a qualified attorney can clarify your options at no upfront cost.
Get a LawyerFiling Deadlines at a Glance
| Type of Claim | General Deadline | Legal Basis |
|---|---|---|
| Personal injury (most car accidents) | 2 years from date of accident | Cal. Code Civ. Proc. § 335.1 |
| Property damage only | 3 years from date of accident | Cal. Code Civ. Proc. § 338 |
| Claims against a government entity | Generally 6 months to file an administrative claim | Cal. Gov. Code § 911.2 |
| Claims involving a minor | Deadline generally tolled until the minor turns 18 | Cal. Code Civ. Proc. § 352 |
Step-by-Step: What to Do After a California Car Accident
- Seek medical attention if there is any possibility of injury, even if symptoms seem minor at first.
- Contact law enforcement to report the accident, particularly for injuries or significant damage.
- Exchange information with other involved drivers.
- Document the scene with photos, witness details, and notes.
- File the DMV SR-1 within 10 days if the accident meets the reporting threshold.
- Notify your own insurance company, even if you were not at fault.
- Track medical treatment and expenses as they occur.
- Consult an attorney if liability is disputed, injuries are significant, or an insurer denies or undervalues a claim.
State-Specific Considerations
California's approach differs from many other states in several ways worth understanding. There is no fault threshold on comparative negligence, meaning some states bar recovery once a person is 50% or 51% at fault, while California does not apply this cutoff. Government claims require a separate, shorter process, and local court procedures can vary between counties such as Los Angeles, San Diego, and Sacramento. Because these variations can affect strategy and deadlines, general information about "California law" should always be checked against your specific city, court, and circumstances.
Key Takeaways
- California uses a pure comparative negligence system, so partial fault does not automatically bar recovery.
- The general statute of limitations is two years for injury claims and three years for property damage claims.
- Claims against a government entity generally require a claim filed within six months.
- California drivers must generally carry minimum liability insurance of 30/60/15 as of January 1, 2025.
- An SR-1 report to the DMV is generally required within 10 days for qualifying accidents.
- Legal outcomes are highly fact-specific, and a licensed attorney can help evaluate deadlines, evidence, and potential next steps.
Common Mistakes That Can Hurt a Car Accident Claim
- Waiting too long to seek medical care, which can create gaps in medical records that insurers may later question.
- Missing the 10-day DMV SR-1 deadline, which can result in license suspension even if the person was not at fault.
- Giving a recorded statement to an insurance adjuster before understanding how it might be used.
- Accepting an early settlement offer before the full extent of injuries or damages is known.
- Assuming a police report alone satisfies all reporting requirements.
- Letting the statute of limitations approach without confirming the applicable deadline for the specific type of claim.
When to Consider Speaking With an Attorney
While not every car accident requires legal representation, situations involving disputed fault, serious injury, denied claims, or government vehicles often benefit from attorney involvement. Common reasons people choose to consult an attorney include a disputed fault determination, ongoing or significant injuries, an uninsured or underinsured driver, a government vehicle or public entity, multiple parties, or a denied or delayed claim. An attorney generally cannot guarantee a particular outcome, settlement amount, or case value, but can help evaluate the applicable deadlines, evidence, and options based on the specific facts involved.
Frequently Asked Questions
Is California a comparative negligence or contributory negligence state?
California follows pure comparative negligence, established in Li v. Yellow Cab Co. (1975). This generally allows an injured person to recover damages even if they share some fault, with recovery reduced by their percentage of responsibility.
How long do I have to file a car accident lawsuit in California?
Personal injury claims generally must be filed within two years of the accident date, while property-damage-only claims generally have a three-year window. Claims against government entities generally require a separate administrative claim within about six months.
Do I have to report a car accident to the California DMV?
Generally, yes, if the accident involved any injury, a death, or more than $1,000 in property damage. This is done using form SR-1, submitted within 10 days, separate from any police report or insurance notification.
What is the minimum car insurance required in California?
As of January 1, 2025, California generally requires minimum liability coverage of 30/60/15: $30,000 per person and $60,000 per accident for bodily injury, plus $15,000 for property damage.
Can I still recover damages if I was partly at fault for the accident?
Generally, yes. California's pure comparative negligence rule typically allows recovery even if a person was mostly at fault, though the recovery amount is usually reduced in proportion to their assigned percentage of fault.
Does California require me to call the police after a car accident?
It depends on the accident. While not every collision legally requires police involvement, calling law enforcement is generally advisable for injuries, significant damage, or disputes about what happened.
What should I do if the insurance company denies my claim?
Reviewing the denial reasons carefully and consulting a qualified attorney can help clarify your options. An attorney can generally help assess whether the denial is consistent with the facts, evidence, and applicable law.
Dealing with fault disputes or a denied claim? Connect with an experienced Car Accident Lawyer to understand your rights before deadlines pass.
Find Legal Help NowFor official information on accident reporting and licensing, you can review the California Department of Motor Vehicles, the agency responsible for accident reporting and driver requirements in the state.