Complete Guide to Car Accident Claims in California

California is a 'fault' state for car accidents, meaning the driver who caused the accident is responsible for the resulting damages. This guide covers everything you need to know about pursuing a car accident claim in California.

Statute of Limitations: You have 2 years from the date of the accident to file a personal injury lawsuit, and 3 years for property damage claims. Missing these deadlines typically means losing your right to sue.

Comparative Negligence: California follows 'pure comparative negligence,' meaning you can recover damages even if you were partially at fault. Your compensation is reduced by your percentage of fault. For example, if you're 30% at fault and your damages are $100,000, you can recover $70,000.

Minimum Insurance Requirements: California requires drivers to carry at least $15,000 for injury/death to one person, $30,000 for injury/death to multiple people, and $5,000 for property damage. Many drivers carry only minimum coverage, which may not fully compensate serious injuries.

Types of Compensation: You may recover economic damages (medical bills, lost wages, property damage), non-economic damages (pain and suffering, emotional distress), and in rare cases, punitive damages for egregious conduct.

Steps After an Accident: 1) Ensure safety and call 911, 2) Exchange information with other drivers, 3) Document the scene with photos, 4) Get witness contact information, 5) Seek medical attention, 6) Report to your insurance company, 7) Consult with an attorney.

Dealing with Insurance Companies: Be cautious when speaking with insurance adjusters. Provide basic facts but avoid recorded statements or signing documents without legal review. Insurance companies often try to minimize payouts.

When to Hire an Attorney: Consider legal representation if you have significant injuries, the other driver is uninsured, fault is disputed, or the insurance company is offering an unfair settlement.