The crash is over. The insurance fight is not.
A serious collision on the 405, Ventura Boulevard, or anywhere else in California can leave you injured, unable to work, and facing an adjuster before you understand what your claim involves. California vehicle accident laws control how fault is divided, how quickly you must act, what insurance applies, and what losses can be recovered.
The adjuster works for the insurance company, not for you. Haffner Law uses California law, crash evidence, and litigation pressure to protect injured people from low offers and blame-shifting. You pay nothing upfront. We advance the costs and collect only when we recover money for you.
How California Vehicle Accident Laws Determine Fault
California follows an at-fault system. The person or business whose negligence caused the collision can be held responsible for the resulting injuries and losses.
Negligence means someone failed to use reasonable care. In a vehicle accident case, that may include speeding, distracted driving, driving under the influence, following too closely, violating right-of-way rules, or operating an unsafe vehicle.
The negligent driver’s liability insurance may cover the loss up to the policy limits. Depending on the crash, other responsible parties may include:
- An employer whose employee was driving for work
- A trucking or transportation company
- A vehicle owner who allowed an unsafe driver to use the vehicle
- A manufacturer responsible for a defective vehicle or component
- A rideshare company or commercial carrier
- A public entity responsible for a dangerous road condition
The insurance company does not get the final word on fault. Its conclusion can be challenged with photographs, video, vehicle data, witness accounts, police records, medical evidence, and expert analysis.
California’s Pure Comparative Negligence Rule
California uses pure comparative negligence. That means your compensation is reduced by your percentage of fault, but partial responsibility does not automatically destroy your claim.
For example, someone who proves $100,000 in damages but is found 20 percent responsible would generally recover $80,000. Even a person who bears most of the fault can still pursue the portion caused by someone else.
Insurance adjusters know that every percentage point matters. A recorded statement, an incomplete account of the crash, or an innocent apology can become part of the insurer’s attempt to shift blame.
An insurance company’s fault percentage is a negotiating position, not a court ruling. Do not accept it without examining the evidence behind it.
California Vehicle Accident Statute of Limitations
Three clocks start running the moment your crash happens, and missing any of them can end an otherwise strong case.
- Injury claims: two years. Under Code of Civil Procedure section 335.1, you generally have two years from the crash to file a personal injury lawsuit.[1]
- Property damage: three years. Claims for damage to your vehicle carry a three-year deadline under Code of Civil Procedure section 338.
- Government defendants: six months. If a public entity is involved, such as a Metro bus, a police cruiser, a Caltrans truck, or a dangerously maintained road, the Government Claims Act requires a formal claim within six months. This six-month rule can override either the two-year or three-year deadline above when a public entity is involved.[2]
The six-month rule is the one that quietly kills cases. People wait, heal, and call a lawyer at month eight, only to learn the claim against the public entity is already gone. If there is any chance a government vehicle or road condition played a role, act early.
California Minimum Auto Insurance Requirements
For qualifying California policies issued or renewed on or after January 1, 2025, the minimum liability limits are:[3]
- $30,000 for injury or death to one person
- $60,000 for injury or death to multiple people in one accident
- $15,000 for property damage in one accident
These are minimum limits, not a measure of what a serious injury is worth. Surgery, hospitalization, rehabilitation, lost income, and long-term care can quickly exceed the available policy.
When the at-fault driver’s coverage is not enough, Haffner Law investigates every potential source of recovery. That may include underinsured motorist coverage, an employer’s policy, a commercial policy, a vehicle owner, a manufacturer, or another party that helped cause the crash.
One more rule can affect your recovery. Under Civil Code section 3333.4, often called Proposition 213, a driver who owned or operated an uninsured vehicle at the time of the crash generally cannot recover non-economic damages such as pain and suffering, even when the other driver was entirely at fault.[4] Medical bills, lost wages, and other economic losses remain recoverable. A key exception applies when the at-fault driver is convicted of driving under the influence in connection with the crash.
California also requires you to report any crash involving injury or more than $1,000 in property damage to the DMV within 10 days, using a form called the SR-1.[5] A police report is separate, and you want both; they are the backbone of proving fault.
Additional California Vehicle Accident Laws
Punitive damages against drunk drivers. California law allows extra damages meant to punish, not just compensate, when clear and convincing evidence shows malice, including a willful and conscious disregard for the safety of others. California courts have allowed punitive-damages claims in some drunk-driving cases. When the facts support that standard, we evaluate punitive damages in addition to compensatory damages.[6]
Hit-and-run duties. Every California driver involved in an injury crash must stop, provide required information, and render reasonable assistance.[7] A driver who flees can face criminal penalties. Uninsured motorist coverage may apply when the driver cannot be found, depending on the policy and California’s notice and proof requirements.
Rideshare coverage tiers. California generally requires at least $1 million in primary liability coverage from the time an Uber or Lyft driver accepts a ride request until the ride is completed.[8] Different requirements apply when the driver is logged into the app but has not accepted a ride. Insurers may dispute which coverage period applies.
Dangerous public roads. When a defective road design, missing signage, or failed signal contributed to your crash, the public entity that maintains the road can share liability. These claims follow the strict six-month government deadline above.
Types of Vehicle Accidents in California
Vehicle accidents in California take many forms, from passenger car collisions on surface streets to commercial truck, motorcycle, rideshare, and aviation crashes. Each type carries its own insurance rules, evidence, and adversary.
Car Accidents
Car accident claims include rear-end collisions, intersection crashes, head-on crashes, rollovers, hit-and-run accidents, and impaired-driving collisions. The evidence may include traffic-camera footage, vehicle damage, electronic data, phone records, witness statements, and roadway markings
Truck Accidents
Commercial truck crashes can involve state and federal motor-carrier requirements, driver qualification records, hours-of-service logs, maintenance documents, cargo records, and employer liability. Trucking companies often begin investigating immediately. Evidence held by the company can disappear or be overwritten unless it is preserved early.
Motorcycle Accidents
Motorcyclists often face an insurer's assumption that the rider was reckless. That stereotype is not evidence. The actual fault analysis may depend on vehicle position, lane movement, visibility, speed, road conditions, helmet evidence, and the conduct of every driver involved.
Bicycle Accidents
California's Three Feet for Safety Act generally requires a driver passing a bicycle in the same direction to leave at least three feet of clearance. When three feet is not available, the driver must slow to a reasonable and prudent speed and pass only when it is safe. A violation may become important evidence in the fault analysis.
Pedestrian Accidents
Drivers generally must yield to pedestrians using marked and unmarked crosswalks at intersections. Pedestrians must also use reasonable care and cannot suddenly enter the path of a vehicle that is too close to stop safely. Crosswalk location, traffic signals, visibility, vehicle speed, lighting, and driver attention can all affect responsibility.
Rideshare Accidents
Uber and Lyft claims depend heavily on the driver's app status. California generally requires at least $1 million in primary liability coverage from the time a driver accepts a ride request until the ride is completed. Different insurance requirements apply when the driver is logged into the app but has not accepted a request.The rideshare company's records may be needed to prove which coverage period applied at the time of impact.
Aviation Accidents
Plane and helicopter crashes can involve the pilot, aircraft operator, charter company, maintenance provider, component manufacturer, or another responsible business.Aviation cases also involve federal regulations and technical evidence that do not arise in an ordinary roadway collision.
Dangerous Road Conditions and Public-Entity Liability
A public entity is not automatically responsible simply because it owns or maintains a road.
A claimant generally must prove that the property was in a dangerous condition, that the condition created a foreseeable risk, and that it caused the injury. The evidence must also show that a public employee created the condition or that the entity had enough notice and time to address it.[9]
Possible dangerous conditions include:
- Malfunctioning traffic signals
- Missing or obscured warning signs
- Unsafe roadway design
- Poor sightlines
- Dangerous lane configurations
- Unaddressed roadway hazards
These claims combine difficult liability rules with the six-month government-claim deadline. Waiting can cost you both evidence and legal options.
Damages in a California Vehicle Accident Claim
California vehicle accident laws recognize two categories of damages, and a fair recovery includes both. Economic damages are the countable losses: every medical bill from the ambulance forward, future treatment, lost wages, reduced earning capacity, vehicle repair, and the diminished resale value of a repaired car. Non-economic damages compensate the human cost: pain, emotional distress, PTSD, and the loss of activities and time with family that the crash took from you.
Unlike some claims, ordinary vehicle accident cases in California carry no cap on non-economic damages. Insurers make fast, low offers precisely because future losses are hard to see from a hospital bed. Do not sign anything before you know the full number.
When a crash results in a traumatic brain injury, a spinal cord injury, or a wrongful death, the claim moves into catastrophic injury territory, where a fair number has to account for decades of care, not months.
What to Do After a Vehicle Accident in California
The following steps protect your health, your safety, and the evidence your claim will need:
- Move to a safe location when possible. Do not move someone with a suspected serious injury unless immediate danger requires it.
- Call 911 when someone may be injured or the scene is dangerous. Emergency assistance may also be appropriate when a driver appears impaired or traffic is obstructed.
- Get medical evaluation when symptoms or injury concerns arise. Some symptoms are not obvious at the scene.
- Exchange required information. Get names, contact details, driver’s-license information, license-plate numbers, and insurance information.
- Document the scene when it is safe. Photograph vehicle damage, road conditions, traffic controls, debris, visible injuries, and the surrounding area.
- Collect witness information. Independent witnesses may leave before law enforcement arrives.
- File an SR-1 when the statutory reporting threshold is met.
- Notify your own insurer. Review the notice and cooperation duties in your policy.
- Be careful communicating with the other driver’s insurer. Get advice before giving a recorded statement or signing a release.
- Preserve records. Keep medical documents, invoices, wage information, repair estimates, photographs, correspondence, and claim numbers.
Early attention to evidence and deadlines protects both.
California Vehicle Accident Law FAQs
Is California a no-fault state?
No. California is an at-fault state, meaning the driver who caused the crash, and their insurer, is responsible for your losses. There is no requirement to claim against your own policy first, and you are free to sue the at-fault driver directly, without the lawsuit restrictions no-fault states impose.
Can I still recover if the crash was partly my fault?
Yes. California’s pure comparative negligence rule reduces your recovery by your percentage of fault but never eliminates it. A driver found 30 percent at fault still recovers 70 percent of their damages.
How long do I have to file a vehicle accident claim in California?
Two years for injuries and three years for property damage, but only six months to file a claim when a government vehicle or public road condition is involved. The safest move is to have a lawyer confirm your deadlines now, for free.
What happens if the driver who hit me was uninsured?
Your own uninsured motorist coverage typically pays your claim, and we handle that negotiation the same way we would against any insurer, because your own carrier will also try to minimize the payout. If you carry no UM coverage, other recovery sources may still exist.
Do I have to report my accident?
Yes, if anyone was injured or property damage exceeds $1,000, you must file an SR-1 report with the DMV within 10 days. You should also always request a police report at the scene; it is the single most useful document for proving fault.
How much does a vehicle accident lawyer cost in California?
Nothing upfront. Haffner Law works on contingency, meaning we advance all case costs and collect a fee only as a percentage of what we recover for you. If there is no recovery, you owe us nothing.
Speak With a California Vehicle Accident Lawyer
The insurance company knows these laws inside and out, and it is counting on you not to. Haffner Law has spent more than 20 years turning California vehicle accident laws into real recoveries for injured people. Led by Joshua Haffner, nominated 2012 Trial Lawyer of the Year by the Consumer Attorneys of California, our attorneys prepare every case for trial, and insurers value cases differently when they know that. We serve injured people from our California locations, with our principal office on Ventura Boulevard in Sherman Oaks.
Call (213) 514-5681 for a free case evaluation. We will tell you what deadlines apply, what your case is worth, and exactly what happens next. You pay nothing unless we win.
