Car Accidents
Car accidents are the baseline case: the rules that apply here are the ones every other kind of collision is measured against.
The short answer
Fault decides who pays. California uses pure comparative fault, so being partly responsible reduces a claim rather than ending it. You generally have two years to file suit, ten days to file an SR-1 with the DMV, and 24 hours to report to police if anyone was hurt.
What decides an ordinary car accident claim
Three things, in this order: who was at fault, what the injuries and losses actually are, and what insurance is available to pay for them. A claim can be strong on the first two and still be limited by the third.
Fault, and why partial fault is not the end
California uses pure comparative fault. If you were partly responsible, your recovery is reduced by your share and not cancelled. There is no percentage at which you stop being able to recover anything.
Fault is usually assigned by an insurance adjuster rather than a court. That assessment is an opening position, not a ruling, and it moves on evidence rather than argument.
The insurance ceiling nobody mentions early enough
Since 1 January 2025 California drivers must carry at least $30,000 per injured person and $60,000 per accident. That is a legal floor, not a realistic figure for a serious injury.
When the at-fault driver's limits are too low, your own underinsured motorist coverage is what stands between you and the shortfall, and in California it works as gap coverage rather than additional coverage. If your limit is no higher than theirs, it pays nothing.
What to do in the first week
Get examined, even if you feel able to carry on. Photograph everything before vehicles are moved or repaired. Collect witness contact details, because they become unreachable quickly. Report to police within 24 hours if anyone was injured, and file the DMV SR-1 within ten days if there was injury, death, or over $1,000 of property damage.
The mistakes that cost the most
Waiting to see if the pain settles before seeing anyone. Giving a detailed account of fault at the scene while shaken. Accepting a fast settlement before the medical position is clear, which closes the claim including for problems that emerge later. And assuming the vehicle damage settlement dealt with the injury claim, when the two run on different tracks and different deadlines.
See what applies to your situation
Answer a few questions about what happened and get the guidance that matches it.
CalAccidentHelp is not a law firm and does not provide legal advice. Submitting information does not create an attorney-client relationship.
Sources
Every statement on this page traces to one of the following. Where a source is not the issuing body itself, that is noted.
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. Stanford Law School, Supreme Court of California Resources Primary source Checked 20 August 2026.
- Cal. Veh. Code § 16056; SB 1107 (2022). California Department of Insurance, New Year Means New Changes for Insurance Official source Checked 20 August 2026.
- Cal. Code Civ. Proc. § 335.1. California Courts Self-Help Guide, Deadlines to sue someone Official source Checked 20 August 2026.
- Cal. Veh. Code § 16000. California DMV, Accident reporting Official source Checked 20 August 2026.
- Cal. Veh. Code § 20008. California DMV Driver Handbook, Financial responsibility, insurance requirements and collisions Official source Checked 20 August 2026.
- Cal. Ins. Code § 11580.2(p). FindLaw, California Insurance Code § 11580.2 Secondary source Checked 20 August 2026.
Some statutory text above was read from an established legal database rather than the Legislature's own site, which blocks automated access. The wording was cross-checked across multiple databases and against official California guidance. If you are relying on the exact text, read it on the Legislature's official site.
Other accident types
Car Accidents
The most common claim type, and the baseline for how fault and insurance work.
Truck Accidents
Commercial vehicles bring extra rules, extra records and more than one possible defendant.
Motorcycle Accidents
Serious injuries are common, and riders often face assumptions about how the crash happened.
Rideshare Accidents
Which policy applies depends entirely on what the driver was doing at that moment.
Pedestrian Accidents
Right of way, crosswalks and visibility usually decide how these claims are assessed.
Bicycle Accidents
Road position, lighting and driver awareness are usually central to what happened.
Wrongful Death
Who may bring a claim, and what it can cover, is set by California statute.