What to do after a car accident in California
The first days after a crash shape the whole claim. If you are able:
- Get medical care right away, and tell the provider every area that hurts. Gaps in treatment are the insurer's favorite argument.
- Call the police and get the report number. Exchange driver, insurance and vehicle information with every driver involved.
- Photograph everything: vehicle positions, damage, skid marks, traffic signals, your injuries and the surrounding area. Get names and numbers of witnesses.
- Report the crash to the DMV on form SR-1 within 10 days if anyone was injured or killed, or property damage exceeded $1,000. Cal. Veh. Code § 16000
- Notify your own insurer as your policy requires, but do not give a recorded statement to the other driver's insurer before getting advice.
- Keep records of medical bills, missed work, mileage to appointments and how the injuries affect your daily life.
Common California crashes we handle
- Rear-end collisions on surface streets and freeways, often caused by following too closely or distraction
- T-bone and left-turn crashes at intersections, where right-of-way and signal timing are disputed
- Head-on and wrong-way collisions, frequently involving impairment or fatigue
- Hit-and-run crashes, where your own uninsured motorist coverage may pay
- Drunk and drugged driving crashes, which can support punitive damages in addition to compensation
- Distracted driving: California prohibits holding and operating a phone while driving Cal. Veh. Code § 23123.5
- Rideshare and autonomous vehicle crashes involving Uber, Lyft or Waymo (see rideshare accidents)
California law that shapes your claim
Negligence and traffic laws. A driver who violates a safety statute, such as running a red light or speeding, can be presumed negligent if the violation caused the type of harm the law was meant to prevent. Cal. Evid. Code § 669
Pure comparative fault. Being partly at fault does not bar your claim. Your recovery is reduced by your percentage of fault. Li v. Yellow Cab Co. (1975) 13 Cal.3d 804
Deadlines. Injury lawsuits generally must be filed within two years. Cal. Code Civ. Proc. § 335.1 Property damage claims generally have three years. Cal. Code Civ. Proc. § 338 If a government vehicle or a dangerous public road was involved, a written government claim is generally due within six months. Cal. Gov. Code § 911.2
Proposition 213. If you were driving or owned an uninsured vehicle, or were convicted of DUI for the crash, you generally cannot recover pain and suffering damages, although economic damages remain available. Cal. Civ. Code § 3333.4
Who can be responsible
California car crash claims often involve more than the other driver:
- The at-fault driver, for unsafe driving
- The driver's employer, if the driver was working at the time
- The vehicle owner, who can be liable for permissive use up to statutory limits Cal. Veh. Code §§ 17150–17151
- A person who lent a car to someone they knew was unfit to drive (negligent entrustment)
- A government agency, if a dangerous condition of public property contributed Cal. Gov. Code § 835
- A vehicle or parts manufacturer, if a defect caused or worsened the injuries
- A bar or host: California generally does not allow claims against those who served alcohol to an adult who later caused a crash, with narrow exceptions. Cal. Civ. Code § 1714(b)–(c)
Insurance coverage after a California crash
California's minimum liability limits are $30,000 per person, $60,000 per accident and $15,000 for property damage for policies issued or renewed on or after January 1, 2025. Cal. Veh. Code § 16056 Older policies may still carry $15,000/$30,000/$5,000 until renewal. Serious injuries usually exceed these amounts.
Coverage that may be available includes:
- The at-fault driver's bodily injury liability coverage
- Your own uninsured and underinsured motorist coverage, included in California policies unless waived in writing Cal. Ins. Code § 11580.2
- Your medical payments coverage, which can pay medical bills regardless of fault
- Commercial or employer policies, when the at-fault driver was working
- Rideshare company policies, when an Uber or Lyft driver was logged in
Compensation you may recover
Economic damages include past and future medical expenses, lost wages, reduced earning capacity and property damage. Non-economic damages include pain, suffering, emotional distress and loss of enjoyment of life. California law generally measures past medical damages by what was actually paid or owed, not the full billed amount. Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541
When a driver was intoxicated, California courts have allowed punitive damages, because drunk driving can show a conscious disregard for the safety of others. Taylor v. Superior Court (1979) 24 Cal.3d 890
How insurers try to reduce California car accident claims
Eli spent years as in-house counsel for an insurance company, defending injury lawsuits. He knows the playbook from the inside:
- "Low impact, no injury." Insurers point to modest vehicle damage. Vehicle damage does not reliably predict injury, and medical evidence matters more.
- Gaps in treatment. Missing appointments or waiting weeks to see a doctor gives the insurer an argument that you were not really hurt.
- Pre-existing conditions. A negligent driver takes you as they find you. An aggravation of an old injury is compensable.
- Recorded statements. Adjusters ask friendly questions designed to lock in answers that minimize injuries or shift blame.
- Shifting fault. Any percentage of fault assigned to you reduces your recovery dollar for dollar.
- Quick low offers. Early offers often arrive before the full extent of injuries is known. Once you sign a release, the claim is over.
How Eli handles your car accident case
You work directly with Eli, not a case manager. He gathers the police report, photographs and witness statements, obtains video and vehicle data where available, organizes your medical records and bills, calculates your full losses including future care, and identifies every insurance policy that may apply. He negotiates with the insurer himself and prepares the case for trial from the start, because an insurer's offer reflects how ready your lawyer is to go to court.
Videos: after a car accident
Minimal impact DOES NOT mean minimal injury.
Why little or no visible vehicle damage does not prove you were not hurt, and how insurers use "low impact" arguments against injured people.
Before You Give Insurance a Recorded Statement, Watch This
What to know before you talk to the other driver's insurance company or agree to give a recorded statement.
Car Accident? These 3 Mistakes Could Ruin Your Case.
Three common mistakes after a car accident that seem harmless in the moment but can hurt a claim later.
About to Accept That $20,000 Settlement? Watch This First.
Why it pays to understand the full value of your claim before accepting an early settlement offer.
California car accident FAQ
How long do I have to sue after a car accident in California?
Generally two years for injuries and three years for property damage. Cal. Code Civ. Proc. §§ 335.1, 338 Claims involving a government vehicle or road require a written claim within six months.
Should I give a recorded statement to the other driver's insurer?
You are generally not required to, and it is wise to get advice first. Your own policy may require you to cooperate with your insurer, which is different.
What if the at-fault driver has no insurance or only the minimum?
Your uninsured or underinsured motorist coverage may pay. California policies include UM coverage unless you waived it in writing. Other parties, such as an employer, may also be responsible.
Do I have to pay anything up front?
No. Eli handles car accident cases on a contingency fee. You owe no attorney's fee unless there is a recovery, and your written fee agreement explains how case costs are handled.
I was partly at fault. Should I still call a lawyer?
Yes. Under California's pure comparative fault rule, you can still recover the share of your damages caused by others.
This page explains general rules of California and Arizona law. It is not legal advice, laws change, and every case depends on its own facts. Reading it or contacting the firm does not create an attorney-client relationship.
