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California accident law

California car accident settlement calculator

California is an at-fault state that uses pure comparative negligence. You generally have 2 years to file an injury lawsuit. The calculator below applies these rules to your numbers.

Checked against official sources November 5, 20265 cited sourcesHow we calculate

Injury lawsuit deadline2 yearsCode Civ. Proc. 335.1; Code Civ. Proc. 338(c)(1); Gov. Code 911.2(a)
Fault rulePure comparativeLi v. Yellow Cab Co. (1975) 13 Cal.3d 804, construing Civ. Code 1714(a)
Insurance systemAt-faultNo PIP requirement
Minimum liability30/60/15thousands of dollars

California settlement estimate

How serious is the injury?
Moderate: months of treatment, full recovery. Typical multiplier 2 to 3.
Applied to your medical bills. Set by the injury above, adjust if you like.
Leave at 0 if unknown.
Lawyer fee, costs and liens
Estimated amount to you
$46,500

Likely range depends on the injury

Economic damages
$16,500
Pain and suffering
$30,000
Injury claim value
$46,500
After your share of fault
$46,500
Attorney fee and costs
$0
Liens repaid
$0

California: Pure comparative negligence, at-fault (tort) state.

An estimate, not legal advice. Deadlines can be shorter in some situations, for example for claims against a city or state agency. Talk to a California attorney about your case.

California filing deadlines

ClaimDeadline
Personal injury lawsuit2 years
Vehicle and property damage3 years
Wrongful death2 years
Notice of a claim against a governmentGovernment claim must be presented within 6 months after accrual for death or injury to person or personal property (Gov. Code 911.2(a)); 1 year for other claims.
Code Civ. Proc. 335.1; Code Civ. Proc. 338(c)(1); Gov. Code 911.2(a). Counted from the accident date in most cases.

Property: CCP 338(c)(1) 'Within three years:... Government claim: Gov. Code 911.2(a) 'not later than six months after the accrual of the cause of action'.

If you were partly at fault

California follows pure comparative negligence. Your damages are reduced by your percentage of fault, and you can recover something even if you were mostly to blame.

  • With $100,000 in damages and 30% of the fault, you would recover $70,000.
  • With 55% of the fault, you would recover $45,000.

California's pure comparative fault rule comes from the California Supreme Court's decision in Li v. Yellow Cab (1975), which read Civ. Code 1714 as allowing recovery reduced by the plaintiff's share of fault.

Source: Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, construing Civ. Code 1714(a). Compare all states in the comparative negligence table.

At-fault (tort) state

In California the driver who caused the crash is responsible for the damage, so you claim against their liability insurance or sue them. Your own medical payments or health coverage can pay bills while the claim is pending.

Traditional tort state; financial responsibility (liability) required, no PIP or no-fault threshold.

Minimum car insurance in California

$30,000 per person and $60,000 per accident for injuries, $15,000 for property damage, effective January 1, 2025. Uninsured motorist coverage is optional or can be rejected in writing.

Many drivers carry only the minimum, so the bodily injury limit is often the most the at-fault driver's insurer will pay one person. UM must be included but insurer and named insured 'may, by agreement in writing... delete the provision covering damage caused by an uninsured motor vehicle completely' (Ins. Code 11580.2), so not mandatory.

Damage caps

California does not cap pain and suffering in ordinary car accident cases.

No general noneconomic cap; the MICRA cap in Civ. Code 3333.2 applies only to actions against health care providers for professional negligence. Important auto rule (Prop. 213, 'no pay, no play'): Civ. Code 3333.4 bars noneconomic damages for an injured person convicted of DUI for the accident, or an owner/operator who was uninsured (with exceptions). No statutory punitive damages cap (Civ. Code 3294 sets standard, not a cap).

Dog bite law

Strict liability statute. Exception for government police/military dogs in specified circumstances (3342(b)).

Source: Civ. Code 3342(a). Estimate a claim with the dog bite calculator.

Frequently asked questions

How long do I have to file a car accident claim in California?

2 years from the accident for an injury lawsuit and 3 years for vehicle damage (Code Civ. Proc. 335.1; Code Civ. Proc. 338(c)(1); Gov. Code 911.2(a)). Insurance claims should be reported much sooner, and claims against a government agency can have shorter notice deadlines.

Is California a no-fault state?

No. California is an at-fault state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

What happens if I was partly at fault in California?

California follows pure comparative negligence (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, construing Civ. Code 1714(a)). Your damages are reduced by your percentage of fault, and you can recover something even if you were mostly to blame.

What is the minimum car insurance in California?

$30,000 per person and $60,000 per accident for injuries, $15,000 for property damage (30/60/15), effective January 1, 2025.

Does California cap pain and suffering damages?

Not in ordinary car accident cases. No general noneconomic cap; the MICRA cap in Civ. Code 3333.2 applies only to actions against health care providers for professional negligence. Important auto rule (Prop. 213, 'no pay, no play'): Civ. Code 3333.4 bars noneconomic damages for an injured person convicted of DUI for the accident, or an owner/operator who was uninsured (with exceptions). No statutory punitive damages cap (Civ. Code 3294 sets standard, not a cap).

Sources

Checked against official California sources November 5, 2026.

  1. California statute of limitations: Code Civ. Proc. 335.1; Code Civ. Proc. 338(c)(1); Gov. Code 911.2(a)
  2. California comparative fault: Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, construing Civ. Code 1714(a)
  3. California insurance system: Cal. Veh. Code 16056
  4. California damage caps: Cal. Civ. Code 3333.2 (medical malpractice only); Cal. Civ. Code 3333.4 (uninsured / DUI plaintiffs)
  5. California dog bite liability: Civ. Code 3342(a)