California-specific evidence checklist: what documents you need to maximize your car accident injury claim under California law
Gov Claims
6-month deadline if you hit a city bus or county vehicle
Howell/Sanchez
CA rule on billed vs paid medical expenses
Prop 213
No pain-and-suffering if you were uninsured
Why California evidence requirements are different
California has specific rules, statutes, and case law that affect what evidence you need for a car accident demand letter. If you are preparing a California claim, you must understand:
Pure comparative negligence: California apportions fault by percentages; even if you were 90% at fault, you can still recover 10% of your damages.
Howell/Sanchez rules: Health insurers negotiate lower rates with providers; you can only recover the "reasonable value" of medical services (usually the paid amount, not the billed amount).
Prop 213: If you were driving without insurance, you cannot recover non-economic damages (pain and suffering)—only medical bills, lost wages, and property damage.
Government Claims Act: If you hit (or were hit by) a city bus, county vehicle, or crashed on a dangerous public road, you must file a government claim within 6 months before you can sue.
Prop 51: Joint and several liability for economic damages only; non-economic damages are several-only (each defendant pays their share of fault, no more).
Nationwide guide available: If you need a general, state-neutral evidence checklist, see the nationwide car accident evidence checklist. This California page focuses on CA-specific documentation and legal issues.
Core California evidence categories
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Liability + Comparative Fault
Police report, Vehicle Code violations, witness statements, photos. In CA, expect the insurer to argue you were partially at fault—prepare evidence to minimize your share.
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Medical (Howell-compliant)
Medical records, bills, and—critically—proof of what was actually paid (EOBs from your health insurer). Under California law, you usually recover paid amounts, not inflated billed amounts.
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Economic Loss
Wage loss, out-of-pocket expenses, property damage. If you were uninsured, Prop 213 bars pain-and-suffering recovery, so economic damages are all you can claim.
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Government Claims (if applicable)
If a government entity is involved (city bus, police car, dangerous road), you need proof of timely filing under the California Government Claims Act (Gov. Code §§ 900+).
California-specific documents to include
Proof of insurance: If Prop 213 is an issue, you need your auto policy declarations page showing you were insured on the date of the accident
Health insurance EOBs: Explanation of Benefits showing what your health insurer paid vs what was billed (critical for Howell/Sanchez)
Government claim form and proof of filing: If you hit a public vehicle or dangerous road, include the stamped claim form and rejection letter (if any)
California DMV accident report (SR-1): If damages exceeded $1,000 or anyone was injured, you were required to file an SR-1 within 10 days; include a copy
Prop 51 allocation evidence: If multiple defendants, document each defendant's role and fault percentage
Overwhelmed by California-specific evidence rules?
I help California car accident claimants gather, organize, and present evidence that complies with California law and maximizes settlement value.
Liability evidence in California: pure comparative negligence
California uses pure comparative negligence (Civ. Code § 1714). This means:
You can recover even if you were mostly at fault.
Your recovery is reduced by your percentage of fault.
Insurance adjusters will always argue you were partially at fault to reduce their payout.
Your liability evidence must show (1) the other driver was at fault, and (2) you were not, or that your fault was minimal.
California Vehicle Code violations
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 § 22107 (unsafe lane change): Changing lanes without signaling or when unsafe
Veh. Code § 21950 (pedestrians): Failure to yield to pedestrian in crosswalk
Tip: If the police report cites a Vehicle Code violation, quote the statute number and language in your demand letter. California courts recognize negligence per se, and adjusters know it will be hard to defend at trial.
Anticipating comparative fault arguments
California adjusters will look for any way to shift fault onto you. Common arguments and how to counter them:
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"You were on your phone"
Counter: Provide phone records (call/text logs) showing no activity at the time of the crash. Affidavit from you stating your phone was not in use.
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"You were speeding"
Counter: Witness statements or dash cam showing you were traveling at or below the speed limit. Explain that even if you were speeding slightly, it did not cause or contribute to the crash (the other driver's red-light violation, left turn, etc. was the sole cause).
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"You failed to avoid the collision"
Counter: Explain the doctrine of "last clear chance" does not apply in California comparative negligence cases. You had no duty to anticipate the other driver's negligence. You reacted as quickly as reasonably possible.
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"Low-speed / minimal damage = no injury"
Counter: California courts reject the "no damage = no injury" argument. Cite medical records showing objective findings (MRI abnormalities, etc.). People can be seriously injured in low-speed crashes.
Worried about comparative fault arguments?
I review liability evidence and help California claimants anticipate and counter comparative negligence defenses before they hurt settlement value.
Medical evidence in California: the Howell/Sanchez rules
California has a unique rule on medical damages that affects every car accident claim where health insurance paid some or all of your bills:
Under Howell v. Hamilton Meats (2011) and Sanchez v. Brooke (2012), you can only recover the "reasonable value" of medical services—which is usually the amount your health insurer actually paid, not the inflated amount the provider billed.
Example: Your doctor bills $10,000 for treatment. Your health insurer negotiates and pays $3,000. Under Howell/Sanchez, you can generally only recover the $3,000 as the "reasonable value" of the services. The other $7,000 is write-off and cannot be claimed in your demand.
What this means for your evidence file
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
Exceptions and workarounds
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
Practical tip: Some plaintiffs' attorneys argue that Howell should not apply in pre-litigation settlement demands (it is a trial-evidence rule). Adjusters will still use it to lowball you. The safest approach is to present both the billed and paid amounts, explain the Howell rule, and demand recovery of the paid amount plus a multiple for pain and suffering.
Medical records checklist (California-specific additions)
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
Confused about Howell/Sanchez and medical billing?
I help California claimants navigate the billed-vs-paid rules, request EOBs, and present medical damages in a way that adjusters cannot easily dismiss.
Economic damages (medical bills, lost wages, property damage) are easier to prove than pain and suffering because they are objective. In California, economic damages are also subject to joint and several liability under Prop 51 (Civ. Code § 1431.2), meaning you can collect the full economic amount from any defendant, regardless of their percentage of fault.
Lost wages and income (California workers)
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
Prop 213 reminder: If you were driving without insurance at the time of the crash, you cannot recover non-economic damages (pain and suffering), but you can recover lost wages, medical bills, and property damage. Make sure you have proof you were insured if you want to claim pain and suffering.
Property damage (California-specific rules)
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.
Out-of-pocket expenses
Transportation to medical appointments: Uber/Lyft receipts, mileage logs (use IRS medical mileage rate), parking receipts
Beyond the core evidence categories, California has several unique legal issues that require additional documentation in certain cases.
Government Claims Act (Gov. Code §§ 900+)
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
Government claim vs demand letter: The government claim is a statutory prerequisite to sue. It is not a demand letter. After you file the claim and it is rejected (or 45 days pass), then you send a demand letter to the government entity's insurer or risk manager, just as you would to a private insurer. But if you miss the 6-month deadline, your case is dead—no exceptions.
Prop 213: No pain-and-suffering if uninsured
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.
Prop 51: Joint and several liability
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).
UM/UIM in California (Insurance Code § 11580.2)
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).
California DMV accident report (SR-1)
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.
Dealing with Government Claims Act, Prop 213, or UM/UIM issues?
I handle California car accident claims with complex legal issues like government entities, uninsured drivers, and UM/UIM arbitration.
California car accident claims require specialized knowledge of state-specific rules like Howell/Sanchez, Prop 213, Prop 51, and the Government Claims Act. I help California claimants:
Understand what California law requires for each category of evidence
Request medical records, EOBs, and other CA-specific documents
Navigate Howell/Sanchez billed-vs-paid issues
Determine if Prop 213 bars pain-and-suffering recovery
Handle Government Claims Act filings and deadlines
Organize complete, California-compliant demand packages
Why California evidence is more complex
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California-only statutes
Howell/Sanchez, Prop 213, Prop 51, Government Claims Act, UM/UIM Insurance Code provisions—these are California-specific and do not apply in other states.
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EOBs and payment proof
In most states, you can demand the full billed amount. In California, you must prove what was actually paid via health insurance EOBs—a documentation burden many claimants miss.
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Shorter deadlines (Gov Claims)
California's 6-month government claim deadline is much shorter than the 2-year tort SOL. Missing it kills your case. Evidence gathering must start immediately in government-entity cases.
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Pure comparative negligence
California adjusters always argue comparative fault. Your evidence must affirmatively counter these arguments, not just prove the other driver was at fault.
California-focused practice: I handle California car accident demand letters full-time and stay current on California case law, DMV rules, and insurer tactics specific to this state. If your case is in California, I can provide tailored advice on evidence gathering, demand drafting, and negotiation strategy.
Frequently asked questions
Not necessarily. Many people successfully gather their own evidence and send demand letters. However, California-specific issues like Howell/Sanchez, Prop 213, and Government Claims Act deadlines are easy to get wrong. A short consultation with an attorney can help you avoid costly mistakes.
Contact your health insurer's customer service and request EOBs (Explanation of Benefits) for all services related to the accident. You can usually download them from your online account portal. If you have Medicare or Medi-Cal, request a CMS or DHCS payment summary.
Generally, you are out of luck. The Government Claims Act deadline is strict and courts rarely grant relief. In very limited circumstances (minor, mentally incapacitated, etc.), you can petition for late filing, but it is an uphill battle. If you are approaching the deadline, file the claim immediately—do not wait.
Yes. California law allows recovery of diminished value—the reduction in your car's resale value due to its accident history, even after repairs. You need a certified diminished-value appraisal. Adjusters will often lowball or deny this claim, so be prepared to negotiate or litigate.
Some plaintiff's attorneys argue Howell is a trial-evidence rule and does not limit settlement demands. In practice, adjusters will use Howell to justify lowball offers. The safest approach is to present both billed and paid amounts, acknowledge the Howell rule, and argue for recovery of paid amounts plus a fair multiple for pain and suffering.
Ready to build a California-compliant demand file?
Contact me to discuss your California car accident case and ensure your evidence meets California legal requirements.