California Accident Guide
California does several things differently from most states, and the differences are the ones that decide claims. Everything here cites the statute, agency or dataset it comes from.
The four things that catch people out
If you read nothing else on this site, read these. Each one regularly changes the outcome of a claim.
Government claims run on six months, not two years
If a city, county, school district, transit agency or state body may be responsible, a written claim must be presented within six months of the injury.
Most misunderstood rulePartial fault reduces a claim, it does not end one
California uses pure comparative fault. There is no percentage of blame at which you stop being able to recover.
Most costly assumptionUnderinsured cover fills a gap, it does not stack
If your underinsured motorist limit is no higher than the at-fault driver's liability limit, it pays you nothing at all.
Least known ruleDriving uninsured removes pain and suffering
An uninsured driver can still recover medical bills and lost earnings, but generally not pain and suffering, even when entirely blameless.
Which clock applies to what
Deadlines are the only part of a claim that cannot be argued with afterwards.
| Situation | Deadline | What it means |
|---|---|---|
| Personal injury lawsuit Cal. Code Civ. Proc. § 335.1 | 2 years | In California you generally have two years from the date of the injury to file a personal injury lawsuit. If the person or organisation at fault is a government agency, a much shorter deadline applies first. Different rules apply to medical malpractice. |
| Property damage claim Cal. Code Civ. Proc. § 338 | 3 years | A claim for damage to property, including your vehicle, generally has a three-year deadline. This is the trap in a single crash: the injury claim and the vehicle damage claim expire on different dates. |
| Claim against a government agency Cal. Gov. Code § 911.2 | 6 months | If a government agency is responsible, you must first present a written claim to that agency within six months of the injury, not two years. Six months applies to injury, death and personal property claims. Other claims, including damage to real estate, have one year. Missing it is not always fatal: a late-claim application may be made within a reasonable time up to one year. |
| DMV SR-1 report Cal. Veh. Code § 16000 | 10 days | You must report the collision to the DMV on form SR-1 within ten days if anyone was injured or killed, or if property damage to any one person exceeded $1,000. Every driver must file their own SR-1 regardless of fault. Police will not file it for you, and a police report does not satisfy this. Failing to file can lead to licence suspension. |
| Report to police or CHP Cal. Veh. Code § 20008 | 24 hours | If anyone was injured or killed, a report must be made to police or the CHP within 24 hours of the collision. This applies where there is injury or death. A collision with property damage only does not trigger it, though the DMV SR-1 may still be required. |
Deadlines depend on the specific facts of your situation and there are exceptions to every rule listed here. This is general information, not legal advice about your case.
California in detail
How fault works
What negligence means, who decides it, and why a police report is not the answer.
Comparative negligence
How partial fault actually affects what a claim is worth.
Filing deadlines
Every clock that runs after a California accident, and where the traps are.
Insurance claims
Minimum limits, uninsured and underinsured cover, and what insurers must do by when.
Injuries and treatment
Why the medical record matters as much as the treatment itself.
Government claims
The six-month rule, who counts as a public entity, and what happens next.
California roads, in published figures
Every figure below carries its source, data year and methodology. Nothing is estimated.
Not sure which of these applies to you?
Answer a few questions about what happened and see the guidance that matches your situation.
CalAccidentHelp is not a law firm and does not provide legal advice. Submitting information does not create an attorney-client relationship.