California Car Accident Evidence Checklist: What Docs You Need to Win

Citing specific Vehicle Code violations creates a negligence per se argument: the violation itself is proof of negligence. Common violations in California car accidents:

• Veh. Code § 22350 (basic speed law): Driving faster than is safe for conditions
• Veh. Code § 21703 (following too closely): Tailgating; rear-end collisions
• Veh. Code § 21801 (left turns): Failure to yield when turning left across traffic
• Veh. Code § 21453 (red light): Running a red light or failing to stop
• Veh. Code § 21802 (stop signs): Failing to stop at a stop sign
• Veh. Code § 23123 / 23123.5 (cell phone/texting): Distracted driving
• Veh. Code § 22107 (unsafe lane change): Changing lanes without signaling or when unsafe
• Veh. Code § 21950 (pedestrians): Failure to yield to pedestrian in crosswalk

California adjusters will look for any way to shift fault onto you. Common arguments and how to counter them:

• You must include Explanation of Benefits (EOBs) from your health insurer showing what was paid vs what was billed
• Your demand must be based on paid amounts, not billed amounts (or you will look uninformed and the adjuster will discount your entire claim)
• If you have no health insurance and paid cash, you can argue the full billed amount is reasonable (but adjusters will still challenge it)
• Medicare and Medi-Cal work the same way: use the Medicare/Medi-Cal payment amount, not the provider’s retail bill

There are limited situations where you can argue for more than the paid amount:

• No health insurance; paid cash: If you paid out-of-pocket, the full amount you paid is the “reasonable value” (but adjusters will still try to reduce it)
• Medical liens (hospitals, Medi-Cal, Medicare): If a lien exists, you may need to pay more than the health insurer paid; this can complicate Howell arguments
• Future medical care: Howell does not apply to future care; you can estimate future costs at retail rates if you show they are reasonably necessary

• Complete medical records and bills from all providers
• EOBs (Explanation of Benefits) from health insurer showing paid vs billed amounts
• If Medicare/Medi-Cal: CMS or DHCS payment summaries
• If paying cash: receipts and proof of payment
• Medical lien notices (if hospital, Medi-Cal, or Medicare filed a lien)
• Prognosis letter from treating doctor addressing permanent impairment and future care

• Employer wage loss letter: On company letterhead, stating job title, pay rate, hours/days missed, and total lost income
• California pay stubs: Showing regular earnings before and after the accident
• If you used PTO or sick leave: Some insurers argue you were not “harmed” if you got paid via PTO; counter this by showing the PTO was a benefit you lost and would have used for vacation
• If self-employed in California: Tax returns (California Franchise Tax Board returns + federal), Schedule C, profit-and-loss statements, bank deposits
• Future lost earning capacity: If your injuries prevent you from doing your job long-term, provide vocational expert analysis and doctor restrictions

• Repair estimates: Two or three estimates from licensed California body shops
• Final repair invoice: If car was repaired, show actual cost paid
• Total loss valuation: If car was totaled, provide KBB/NADA comps for similar vehicles sold in California (prices vary by region; use CA comps)
• DMV registration and title: Proof of ownership and registration
• Rental car receipts: California law allows recovery of reasonable rental costs while your car is being repaired
• Diminished value: California allows recovery of diminished value (the reduction in your car’s resale value due to accident history, even after repairs). Get a diminished-value appraisal from a certified appraiser.

• Transportation to medical appointments: Uber/Lyft receipts, mileage logs (use IRS medical mileage rate), parking receipts
• Prescription co-pays: Pharmacy receipts, credit card statements
• Medical equipment: Crutches, braces, TENS units, shower chairs
• Home health aide or caregiver: Receipts if paid; affidavit + hourly-rate research if family helped for free
• Household services you had to hire: Lawn care, housekeeping, child care

If you were hit by a government vehicle (city bus, county truck, police car) or you crashed due to a dangerous condition of public property (pothole, missing guardrail, broken traffic signal), you must:

• File a government claim within 6 months for personal injury / death (Gov. Code § 911.2)
• Use the correct claim form and send it to the correct government entity (city, county, state agency)
• Wait for rejection or 45 days before you can file a lawsuit (Gov. Code §§ 945.6, 946.6)
• Include proof of timely filing in your demand: stamped claim form, certified mail receipt, rejection letter

California Civil Code § 3333.4 (enacted by Proposition 213) bars uninsured drivers from recovering non-economic damages (pain, suffering, emotional distress, loss of enjoyment) in most car accident cases.

Evidence you need:

• Your auto insurance declarations page showing you had valid coverage on the date of the accident
• If you did not have insurance: You can still recover medical bills, lost wages, and property damage—just not pain and suffering. Frame your demand accordingly.
• Exceptions: Prop 213 does not apply if the other driver was DUI or convicted of a felony related to the crash. If so, include proof of the conviction.

California Civil Code § 1431.2 (Proposition 51) provides:

• Economic damages: Joint and several liability. You can collect the full amount from any defendant, regardless of their fault percentage.
• Non-economic damages: Several liability only. Each defendant pays only their share of fault.

Evidence implication: If multiple defendants, clearly allocate fault percentages in your demand and explain which damages are economic (joint/several) vs non-economic (several-only).

California requires insurers to offer UM/UIM coverage equal to your liability limits (unless you reject it in writing). If you are making a UM/UIM claim in California:

• Include proof of uninsured/underinsured status: DMV letter, at-fault driver’s policy page, or proof of exhaustion of limits
• California UM/UIM claims often require arbitration under the policy; note this in your demand and reference the arbitration provision
• Consent-to-settle: Most California UM/UIM policies require you to get your insurer’s consent before settling with the at-fault driver. Include proof you obtained consent (or explain why consent was not required).

If your crash involved more than $1,000 in property damage or any injury, California law requires you to file an SR-1 (Report of Traffic Accident Occurring in California) with the DMV within 10 days (Veh. Code § 16000).

Include a copy of the SR-1 in your demand file. It shows you complied with California law and provides a contemporaneous account of the accident.