accident injury Law in California

Statute of Limitations in California

California's general personal injury statute of limitations is two years from the date of injury. Government entity defendants require a separate written tort claim within six months. Missing either deadline typically bars the claim permanently.

California Code of Civil Procedure § 335.1 establishes the general two-year statute of limitations for personal injury claims arising from vehicle accidents. The two-year period begins on the date of the accident regardless of when the injured person retains an attorney or files an insurance claim. Several exceptions toll (pause) the running of the period: minority (CCP § 352(a) tolls the SOL until the injured person turns 18); defendant's absence from California (CCP § 351); and legal disability of the plaintiff.

The Government Claims Act creates a separate, shorter deadline for claims against government entity defendants. Under Government Code § 911.2, a written tort claim must be filed with the responsible government entity within six months of the date of injury as a prerequisite to any lawsuit. The entity has 45 days to accept or reject the claim. If rejected, the claimant has six months from the rejection to file a lawsuit. Each government entity is a separate defendant — a claim filed with the wrong entity does not satisfy the procedural requirement for the correct defendant.

Comparative Fault in California

California follows pure comparative fault, established by the California Supreme Court in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. Under this system, an injured person may recover damages even if they were partially responsible for the accident — their recovery is reduced by their percentage of fault but is not eliminated by any amount of contributory fault. California is among 13 states using pure comparative fault, making it more plaintiff-favorable than the modified comparative fault systems (which bar recovery above a 50 or 51 percent fault threshold) used in most other states.

In practice, pure comparative fault means that insurers allocate fault percentages in settlement negotiations — arguing elevated fault percentages for the injured party is a primary tactic for reducing settlement offers. Objective evidence establishing the at-fault driver's conduct (collision report, EDR data, traffic signal event logs, witness statements) directly counters inflated fault percentage arguments and is the most effective tool for maximizing recovery under California's comparative fault system.

California Insurance Requirements

Senate Bill 1107, effective January 1, 2025, increased California's minimum auto liability insurance requirements from $15,000/$30,000/$5,000 to $30,000 per person / $60,000 per occurrence / $15,000 for property damage — the first increase in California's minimum insurance requirements in nearly 50 years. Senate Bill 371, effective January 1, 2026, reduced mandatory TNC UM/UIM coverage for rideshare passengers from $1,000,000 to $60,000 per person when the crash was caused by a third-party uninsured driver. These updated minimums are the floor — many drivers carry higher limits, and underinsured motorist coverage is essential when the at-fault driver's limits are insufficient to cover actual damages.

Damages and Caps in California

California does not cap non-economic damages (pain and suffering, emotional distress) in standard vehicle accident personal injury cases. The Medical Injury Compensation Reform Act (MICRA) cap — updated to $350,000 for non-death medical malpractice cases in 2022 — applies only to medical malpractice, not to accident injury claims from vehicle collisions. Economic damages (medical bills, lost wages, property damage) are fully recoverable without cap. Punitive damages under Civil Code § 3294 are available when the defendant's conduct constitutes malice — most commonly in DUI accident cases — and are not covered by most standard auto liability insurance policies.

Wrongful death claims in California are governed by CCP § 377.60 et seq. Heirs may recover for the decedent's lost income, the value of household services, loss of consortium, and funeral expenses. California also recognizes survival actions under CCP § 377.30 allowing recovery for the decedent's pre-death pain and suffering and economic losses.

California Court System

Personal injury lawsuits in California are filed in the Superior Court of the county where the accident occurred or where the defendant resides. California's 58 counties each have a Superior Court. Unlimited civil cases — where the amount in dispute exceeds $35,000 — are filed in Superior Court. Trial timelines vary significantly by county: Los Angeles Superior Court is among the most congested civil dockets in the state (36+ months to trial in serious cases), while smaller counties have considerably faster dockets.

California requires eFiling for unlimited civil cases in all major counties. Mandatory settlement conferences are required by most California courts before the trial date and resolve a high proportion of personal injury cases. The specific courthouse within a county is determined by the accident location under local venue rules — the court's website identifies the correct division for filing.