By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Hurt in a California car crash?
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What to do after a car accident in California
- Stay at the scene and call 911 if anyone is hurt. A driver involved in a crash that injures or kills someone must stop and exchange information. Leaving is a crime (Veh. Code § 20001).
- Get medical care the same day.
- Get the report number. Ask the officer for the report number and agency. Our page on how to get a police report for a car accident explains how to request it.
- File the SR-1 with the DMV within 10 days if anyone was hurt or killed or property damage was over $1,000. This duty is separate from the police report (Veh. Code § 16000).
- Find your declarations page. It shows your uninsured/underinsured motorist limits and whether you have MedPay. See how MedPay works in California.
- Do not give a recorded statement to the other driver’s insurer before you get advice. Here is what not to tell the insurance company.
A longer checklist is on our page about what to do after a car accident in California.
Who can be held responsible
The driver who caused the crash and that driver’s liability insurer come first.
The owner who lent the car. In California, every owner is liable for injuries caused by someone driving the car with the owner’s permission (Veh. Code § 17150). That owner liability is capped at $15,000 for one person, $30,000 per accident and $5,000 for property damage. The cap does not cover liability that comes from an employer-employee or principal-agent relationship (Veh. Code § 17151). If the driver was working, read company car accidents: who is liable.
A public agency. A public entity is liable for injuries caused by its employee’s negligent driving within the scope of employment (Veh. Code § 17001). Special claim rules apply; see the government section below.
Your own insurer. When the at-fault driver has no insurance or too little, your uninsured or underinsured motorist coverage steps in, covered below. For crashes with semis and commercial trucks, see our California truck accident lawyer page.
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California law: deadline, fault and damages
Two years to sue. A lawsuit for injury or death caused by another person’s negligence must be filed within two years (CCP § 335.1). More on timing: how long after a car accident can you sue.
Pure comparative fault. The California Supreme Court replaced the old all-or-nothing rule with pure comparative negligence in 1975. Your own negligence reduces your damages in proportion to your share and does not bar recovery (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). See can I recover if I was partly at fault.
Medical bills are measured by what was paid. When private insurance paid your medical bills, you can recover no more than the amounts paid by you or your insurer for that care. The discount your insurer negotiated is not recoverable (Howell v. Hamilton Meats & Provisions (2011) 52 Cal.4th 541).
Proposition 213 and uninsured drivers. Under Civil Code § 3333.4, adopted by voters as Proposition 213 in 1996, you cannot recover non-economic damages (pain, suffering, inconvenience, impairment, disfigurement) if you were driving under the influence and were convicted, if you owned a vehicle in the crash that was not insured as the law requires, or if you were driving and cannot show financial responsibility. You can still recover medical bills and lost earnings. There is an exception: an uninsured owner hit by a driver convicted of DUI keeps the right to pain and suffering (Civ. Code § 3333.4). The rule also does not reach a product liability claim against the vehicle’s manufacturer (Hodges v. Superior Court (1999) 21 Cal.4th 109).
Insurance: the 2025 minimums and UM/UIM coverage
Minimum liability limits. For any policy issued or renewed on or after January 1, 2025, the minimums are $30,000 for injury or death of one person, $60,000 for two or more people, and $15,000 for property damage. They were $15,000, $30,000 and $5,000 before. They rise again for policies issued or renewed on or after January 1, 2035, to $50,000, $100,000 and $25,000 (Veh. Code § 16056; California DMV).
Uninsured motorist (UM) coverage. Every California auto liability policy must include UM coverage unless the named insured deletes it, or lowers it, by a signed agreement in a form the statute prescribes (Ins. Code § 11580.2(a)). See hit by an uninsured driver in California.
Underinsured motorist (UIM) coverage. A car counts as underinsured when its liability limits are lower than your own UM limits. UIM pays only after the at-fault driver’s policy has been paid out in full, and the most it pays is your UIM limit minus what you received from the at-fault side (Ins. Code § 11580.2(p)). With $100,000 in UIM and a $30,000 payment from the other driver’s insurer, up to $70,000 is left. See making a UIM claim.
A separate two-year clock for UM claims. Within two years of the crash you must sue the uninsured driver, reach an agreement with your insurer, or formally demand arbitration by certified mail (Ins. Code § 11580.2(i)).
California crash numbers
- 4,061 people died in traffic crashes in California in 2023, down from 4,539 in 2022. Of those deaths, 1,355 were alcohol-impaired, 1,106 were pedestrians, 583 were motorcyclists and 780 were unbelted vehicle occupants (Office of Traffic Safety).
- 16,760 people were seriously injured in 2023, according to SWITRS data in the Office of Traffic Safety’s 2025 annual report. The same report cites an early NHTSA estimate of a 6.3% drop in deaths in 2024 (OTS 2025 Annual Report).
Our accident news desk tracks crashes across the state, such as the multi-car crash on the southbound 5 Freeway near Elysian Park that injured seven people on November 1, 2026, and the I-215 crash in Riverside where a BMW rear-ended a pickup towing a trailer, a teenage passenger died and the BMW’s driver was arrested on suspicion of felony DUI. If a drunk driver hit you, see drunk driver hit me.
We have car accident pages for Los Angeles, Santa Ana, Palm Springs, Perris, Victorville, Hesperia, Adelanto and Moorpark.
Hit by a city, county or state vehicle
A claim against a public entity for personal injury must be presented in writing no later than six months after the crash (Gov. Code § 911.2). If the agency sends a written rejection, you have six months from that notice to sue. If it never sends proper notice, the outside limit is two years (Gov. Code § 945.6). Police cars, city buses and other public agency vehicles fall under these rules. In September 2026 our news desk covered a South Los Angeles crash involving an LAPD patrol car and two other vehicles. The cause was still under investigation. Our page on claims against a city or county vehicle walks through the form.
California, Texas and Washington compared
| State | Deadline to sue | Your share of fault | Minimum liability insurance | Your own coverage | Government vehicle |
|---|---|---|---|---|---|
| California | 2 years (CCP § 335.1) | Reduces the award, never bars it (Li v. Yellow Cab) | $30,000 / $60,000 / $15,000 for policies issued or renewed since Jan. 1, 2025 (Veh. Code § 16056) | Uninsured/underinsured motorist coverage is included unless deleted in writing (Ins. Code § 11580.2) | Written claim within 6 months (Gov. Code § 911.2) |
| Texas | 2 years (CPRC § 16.003) | Barred if more than 50%; otherwise reduced (CPRC § 33.001) | $30,000 / $60,000 / $25,000 (Transp. Code § 601.072) | PIP and uninsured/underinsured motorist coverage are included unless rejected in writing (Ins. Code § 1952.152; § 1952.101) | Notice within 6 months, or sooner if a city charter says so (CPRC § 101.101) |
| Washington | 3 years (RCW 4.16.080(2)) | Reduces the award, never bars it (RCW 4.22.005) | $25,000 / $50,000 / $10,000 (RCW 46.29.090) | Underinsured motorist coverage is included unless rejected in writing; PIP must be offered (RCW 48.22.030; RCW 48.22.085) | Written claim, then a 60-day wait before suit (RCW 4.96.020; RCW 4.92.110) |
California’s minimums are now higher than Washington’s for injuries but lower than Texas’s for property damage.
Related pages
- Texas car accident lawyer
- Washington car accident lawyer
- California truck accident lawyer
- Car and truck accident questions
- Comparative fault in California, Texas and Washington
- Areas we serve in California
Common questions
How long do I have to sue after a car accident in California?
Two years from the crash for a personal injury lawsuit (CCP § 335.1). If a government vehicle hit you, the written claim to the agency is due within six months (Gov. Code § 911.2). For an uninsured motorist claim, you must sue the driver, settle with your insurer or demand arbitration within two years (Ins. Code § 11580.2(i)).
Can I recover if the crash was partly my fault?
Yes. California uses pure comparative fault. Your damages are reduced by your percentage of fault, and you can recover even if you were mostly at fault.
What are California’s minimum car insurance limits now?
For policies issued or renewed on or after January 1, 2025: $30,000 per person, $60,000 per accident for injuries, and $15,000 for property damage (Veh. Code § 16056). They rise to $50,000, $100,000 and $25,000 for policies issued or renewed on or after January 1, 2035.
I did not have insurance. Can I still make a claim?
Yes, but Proposition 213 (Civ. Code § 3333.4) bars pain and suffering damages for an uninsured owner or a driver who cannot show financial responsibility. You can still recover medical bills and lost wages. If the driver who hit you was convicted of DUI, the bar does not apply to an uninsured owner.
The other driver only has minimum coverage. What now?
Look at your own policy for underinsured motorist coverage. It applies when the other car’s limits are lower than your UM limits, after the other policy is paid in full, and it pays up to your limit minus what you already received (Ins. Code § 11580.2(p)).
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Sources
- Cal. Code Civ. Proc. § 335.1
- Cal. Veh. Code § 16056
- Cal. Veh. Code § 16000
- Cal. Veh. Code § 17001
- Cal. Veh. Code § 17150
- Cal. Veh. Code § 17151
- Cal. Veh. Code § 20001
- Cal. Ins. Code § 11580.2
- Cal. Civ. Code § 3333.4
- Cal. Gov. Code § 911.2
- Cal. Gov. Code § 945.6
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804
- Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541
- Hodges v. Superior Court (1999) 21 Cal.4th 109
- California DMV, Insurance Requirements
- California Office of Traffic Safety, Quick Stats (2023 data)
- California Office of Traffic Safety, 2025 Annual Report
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.