Frequently Asked Questions in California
California is one of the busiest states in the country, with millions of people driving, biking, and walking each day. Accidents can happen anywhere—from freeways in Los Angeles to rural roads in the Central Valley—and the aftermath can be overwhelming. Whether you’ve suffered an injury or lost a loved one due to someone else’s actions, it’s important to know your rights and what steps to take. Below are answers to some of the most frequently asked questions about accidents and injury claims in California.
How long do I have to file a personal injury claim in California?
In most cases, you have two years from the date of the injury to file a personal injury lawsuit in California. If your claim is against a government agency, the deadline is much shorter—just six months to file an administrative claim. Once that claim is rejected, you then have another six months to file a lawsuit. Missing these deadlines can prevent you from recovering any compensation.
What should I do after a car accident in California?
First, check for injuries and call 911. Exchange information with the other driver and take photos of the vehicles, scene, and road conditions. Seek medical attention even if your injuries seem minor. Report the crash to your insurance company and consider speaking with a personal injury attorney before accepting any settlement.
Do I have to report every car accident?
California law requires drivers to report any crash involving injury, death, or property damage over $1,000 to the DMV within 10 days using form SR-1. You also need to report the accident to your insurance company and, in many cases, to local law enforcement. Failing to report an accident can result in fines or even suspension of your driver’s license. It’s always a good idea to file a police report to have an official record.
What if I was partially at fault for the accident?
California follows a pure comparative fault system. This means you can still recover damages even if you were partly to blame for the accident. However, your compensation will be reduced by your percentage of fault. An attorney can help you present evidence to minimize your share of responsibility.
How do I get a copy of my accident report?
You can request a copy of your accident report from the law enforcement agency that responded to the crash or from the California Highway Patrol (CHP). If CHP handled the accident, you can find more information at https://www.chp.ca.gov. You’ll need to provide details such as the date, location, and names of those involved. Some agencies charge a small fee for the report.
What compensation can I receive in a personal injury claim?
You may be entitled to compensation for medical bills, lost wages, property damage, pain and suffering, and future medical needs. If the at-fault party acted recklessly or intentionally, punitive damages may also be available. The total value of your case will depend on how serious your injuries are and how they affect your daily life. An attorney can help you calculate a fair settlement.
What should I do if a loved one was killed in an accident?
If someone you love died due to another person’s negligence or wrongdoing, you may be able to file a wrongful death lawsuit. In California, these claims can be filed by immediate family members or other legal heirs. Compensation may cover funeral costs, loss of financial support, and emotional distress. The statute of limitations for wrongful death claims is two years from the date of death.
What if the other driver has no insurance?
If you have uninsured motorist coverage, your own policy can help pay for medical expenses, lost wages, and vehicle damage. If you don’t have this coverage, you may still be able to sue the at-fault driver, but collecting compensation may be difficult if they don’t have assets. Always check your policy and speak with an attorney to understand your options.
Are there resources for victims who need financial help?
Yes. California offers programs such as Medi-Cal, CalFresh, and temporary disability insurance. The California Victim Compensation Board may also help if the injury resulted from a crime like a DUI. These programs can help cover medical bills, lost income, and mental health support. You can explore state programs and eligibility requirements through California’s official benefits portal.
Should I accept the first settlement from the insurance company?
You should be cautious about accepting the first offer. Insurance companies often try to settle quickly for less than the full value of your claim. Once you accept an offer, you typically can’t ask for more later. An attorney can review the settlement and help you decide whether it meets your needs.
What if I was injured while working?
If you were hurt on the job, you may be eligible for workers’ compensation, which can cover medical care, lost wages, and disability benefits. In some cases, such as when a third party is involved, you may also be able to file a personal injury claim. Report the injury to your employer as soon as possible and seek medical care through an authorized provider.
How long does it take to settle a personal injury case in California?
Some cases settle within a few months, but more complex or serious injury cases can take a year or more. Factors like ongoing medical treatment, disputes over fault, and insurance company delays can affect the timeline. Your attorney will work to resolve your case as efficiently as possible while still aiming for full compensation.
Can I sue the city or state of California if I was injured on public property?
Yes, but there are strict rules and shorter deadlines for filing claims against government entities in California. You must first file an administrative claim within six months of the injury. If the agency rejects the claim, you have six months to file a lawsuit. Because of the added complexity, it’s important to consult with a lawyer right away.
Do I need an attorney for a personal injury claim?
You are not legally required to hire an attorney, but doing so can improve your chances of getting fair compensation. An attorney knows how to negotiate with insurance companies, gather evidence, and navigate California’s legal system. Most personal injury lawyers work on a contingency fee basis, so you don’t pay unless they win your case.