California guide for victims seeking compensation after a vehicle collision
2 Years
Statute of Limitations (CCP 335.1)
$15K+
Minimum Policy Limit (CA)
Pure
Comparative Fault State
When to Use This Guide
Use this guide if you were injured in a car accident in California and:
Another driver was at fault - ran red light, speeding, distracted driving, DUI
You have medical bills - ER visit, doctor appointments, physical therapy
You missed work - lost wages due to injury recovery
Your vehicle was damaged - repair costs or total loss
You're experiencing pain - ongoing pain and suffering
What You Can Recover
Medical expenses - past and future treatment costs
Lost wages - time missed from work
Property damage - vehicle repair or replacement
Pain and suffering - physical and emotional distress
Loss of enjoyment - impact on quality of life
Critical Deadline: 2 Years
California Code of Civil Procedure 335.1 gives you 2 years from the accident date to file a lawsuit. If you're claiming against a government entity (city bus, state vehicle), you have only 6 months to file a government claim.
California's Pure Comparative Fault Rule
California follows pure comparative negligence (Civil Code 1714). Even if you were partially at fault, you can still recover damages reduced by your percentage of fault.
Example: If your damages are $100,000 and you were 20% at fault, you can recover $80,000.
Legal Basis
California laws supporting your car accident claim
Key California Statutes
Cal. Civ. Code 1714(a)
Everyone is responsible for injuries caused by their lack of ordinary care. This is the foundation of negligence liability in California.
CCP 335.1
2-year statute of limitations for personal injury claims including car accidents.
Cal. Veh. Code 17150
Vehicle owner liability - owners can be liable for negligent operation by someone driving with their permission.
Cal. Ins. Code 11580.2
Uninsured/Underinsured motorist coverage requirements in California.
Elements You Must Prove
Duty - The other driver owed you a duty of care (all drivers do)
Breach - They violated that duty (speeding, distracted driving, etc.)
Causation - Their breach caused the accident
Damages - You suffered actual losses
California Minimum Insurance Requirements
$15,000 per person bodily injury
$30,000 per accident bodily injury
$5,000 property damage
Note: These minimums are often inadequate for serious injuries. Consider your own UM/UIM coverage.
Evidence Checklist
Documents and evidence to gather before sending your demand
Accident Documentation
✓
Police report - Get a copy from the responding agency
✓
Photos of the scene - Vehicle damage, road conditions, traffic signs
✓
Witness information - Names, phone numbers, statements
✓
Other driver's info - Insurance, license, registration
✓
Dash cam footage - If available from your vehicle or witnesses
Medical Documentation
✓
ER/hospital records - Initial treatment after the accident
✓
Doctor's notes - All follow-up appointments
✓
Medical bills - Itemized statements from all providers
✓
Prescription records - Medications prescribed for injuries
✓
Physical therapy records - PT notes and invoices
✓
Prognosis letter - Doctor's statement on future treatment needs
Financial Documentation
✓
Pay stubs - Pre-accident earnings history
✓
Employer letter - Confirming missed work dates and lost wages
✓
Vehicle repair estimate - From body shop or insurance adjuster
✓
Rental car receipts - If you needed a rental during repairs
✓
Out-of-pocket expenses - Uber, parking, medical equipment
Calculating Your Damages
How to value your car accident claim in California
Economic Damages (Special Damages)
These are your actual financial losses with receipts and documentation:
Category
What to Include
Medical Bills
ER, hospital, doctors, specialists, PT, prescriptions, medical equipment
These compensate for intangible losses. California has no cap on pain and suffering in car accident cases (unlike medical malpractice).
Common Multiplier Method
Insurance adjusters often use a multiplier of 1.5x to 5x your economic damages to estimate pain and suffering:
1.5x - 2x - Minor injuries, quick recovery
2x - 3x - Moderate injuries, several months recovery
3x - 4x - Serious injuries, long-term impact
4x - 5x - Severe/permanent injuries
Example: $20,000 medical bills x 3 multiplier = $60,000 pain and suffering, for total demand of $80,000
Sample Demand Calculation
Example: Moderate Whiplash + Soft Tissue Injury
Medical Bills: $12,500
Lost Wages (2 weeks): $3,000
Property Damage: $4,500 Total Economic: $20,000
Pain & Suffering (2.5x medical): $31,250 Total Demand: $51,250
Sample Language
Copy and customize these paragraphs for your demand letter
Opening / Liability Statement
I am writing to present my claim for damages arising from the motor vehicle collision that occurred on [DATE] at [LOCATION]. Your insured, [AT-FAULT DRIVER NAME], caused this accident by [DESCRIBE NEGLIGENT CONDUCT - e.g., "running a red light," "failing to yield," "following too closely"]. The police report (Report No. [NUMBER]) confirms these facts.
Injury Description
As a direct result of this collision, I sustained the following injuries: [LIST INJURIES - e.g., "cervical strain (whiplash), lumbar sprain, contusions to my left shoulder"]. I was transported by ambulance to [HOSPITAL NAME] where I received emergency treatment. My treating physician, Dr. [NAME], has documented that these injuries were caused by the collision and required [TREATMENT DURATION] of medical care including [LIST TREATMENTS].
Damages Summary
My total damages are as follows:
Medical Expenses: $[AMOUNT]
Lost Wages: $[AMOUNT]
Property Damage: $[AMOUNT]
Pain and Suffering: $[AMOUNT]
TOTAL DEMAND: $[TOTAL]
Closing / Deadline
This demand represents full and fair compensation for my injuries and losses. Please respond with a settlement offer within [30 DAYS] of receipt of this letter. If we cannot reach a reasonable settlement, I am prepared to file a lawsuit and pursue all available remedies under California law, including recovery of my litigation costs. I reserve all rights under California Civil Code Section 1714 and Code of Civil Procedure Section 335.1.
Next Steps
What to do after sending your demand letter
Expected Timeline
Week 1-2: Insurance adjuster reviews your demand and documentation
Week 2-4: Adjuster may request additional records or information
Week 3-6: Initial response with counteroffer (usually low)
Week 4-12: Negotiation period - expect 2-4 rounds of counteroffers
If the Insurer Denies or Lowballs
Request written explanation - Ask why they're disputing liability or valuation
File complaint with CDI - California Department of Insurance handles bad faith complaints
File lawsuit - You have 2 years from the accident date
Consider arbitration - Some policies have UM/UIM arbitration clauses
Watch the 2-Year Deadline
Do not let negotiations drag past your statute of limitations. If approaching the deadline, file your lawsuit to preserve your rights - you can still settle after filing.
Need Help With Your Claim?
Car accident cases involving serious injuries, disputed liability, or uncooperative insurers often benefit from attorney representation. Most personal injury attorneys work on contingency (no fee unless you win).