California Personal Injury Law
California is an at-fault (tort) state for car accidents and follows a pure comparative negligence rule. Most personal injury lawsuits must be filed within two years.
California at a glance
| Personal injury filing deadline | 2 years from the injury (Code of Civil Procedure § 335.1) |
|---|---|
| Wrongful death deadline | 2 years from the date of death (Code of Civil Procedure § 335.1) |
| Fault rule | Pure comparative negligence: your compensation is reduced by your share of fault, but you can still recover if you were mostly at fault |
| Car insurance system | At-fault (tort). The driver who caused the crash is responsible for damages |
| Minimum liability insurance | 30/60/15 ($30,000 per person, $60,000 per accident for injuries, $15,000 property damage) for policies from January 1, 2025 |
| Claims against government | A written claim is generally required within 6 months for injury claims (Government Code § 911.2) |
How fault affects your claim in California
Under California's pure comparative negligence rule, a jury or insurer assigns each person a percentage of fault. Your damages are reduced by your percentage. If your damages are $100,000 and you are found 30% at fault, you could recover $70,000. Unlike many states, there is no cutoff that bars recovery when you are mostly at fault.
Claims against government in California
If a city, county, state agency or public transit agency may have caused your injury, California usually requires a written claim to be presented within six months, far shorter than the two-year lawsuit deadline. Missing it can end the claim. Ask a California attorney promptly.
After a crash in California
- Report the crash to the police. In California you may also need to report to the DMV within 10 days if anyone was hurt or killed, or if property damage exceeded $1,000 (SR-1 form). Confirm the current requirement on the DMV website.
- Get medical care and keep records.
- Report the accident to your own insurer.
- Do not give a recorded statement to the other insurer until you understand your rights.
Frequently asked questions
How long do I have to sue after a car accident in California?
Generally two years from the date of injury for personal injury. Claims against government entities have a much shorter written-claim deadline, often six months.
Can I recover if I was partly at fault in California?
Yes. California uses pure comparative negligence, so your compensation is reduced by your percentage of fault rather than barred.
Is California a no-fault state?
No. California is an at-fault state, so the driver who caused the crash, through their liability insurance, is generally responsible.
Latest California articles
California Comparative Negligence: How Shared Fault Affects Your Claim
California lets you recover even if you were partly at fault, but your compensation is reduced. See how pure comparative negligence works with examples.