Car Accident Settlement in California
California car accident laws — statute of limitations, fault rules, minimum insurance requirements, no-fault vs. tort rules, and typical settlement amounts.
California is a fault (tort) state. The at-fault driver's insurance pays for damages. You may sue the at-fault driver directly for damages exceeding insurance limits.
California requires filing a SR 1 Report of Traffic Accident Occurring in California within 10 days if the accident caused injury, death, or property damage over $1,000 to any one person's property. Failure to file can suspend your license.
Frequently Asked Questions
How long do I have to file a car accident claim in California?
2 years. California's statute of limitations for personal injury from a car accident is 2 years from the date of injury (CCP §335.1). Property damage claims are 3 years. Government vehicle claims require a government tort claim filed within 6 months.
Is California a fault or no-fault state?
Fault (tort) state. California is a fault (tort) state. The at-fault driver's insurance pays for damages. You may sue the at-fault driver directly for damages exceeding insurance limits.
What are the fault rules for car accidents in California?
California follows Pure Comparative Fault. California follows pure comparative fault — you can recover damages even if you are 99% at fault, but your award is reduced by your percentage of fault. California courts apportion fault between all parties.
What is the minimum car insurance required in California?
15/30/5 (bodily injury per person/per accident/property damage). California minimum liability: $15,000 per person / $30,000 per accident bodily injury / $5,000 property damage. California raised minimums effective 2025 — $30,000/$60,000/$15,000 for new and renewed policies.
How much is a car accident settlement worth in California?
$20,000–$75,000. Average California car accident settlements vary widely. Minor soft-tissue injuries typically settle $10,000–$30,000. Serious injuries with surgery, lost wages, and pain/suffering can reach $100,000–$500,000+.
What should I do immediately after a car accident in California?
Call 911 if there are injuries. Exchange insurance, license, and registration with other drivers. Document the scene with photos. Get witness contact information. Seek medical attention immediately — do not wait. California requires filing a SR 1 Report of Traffic Accident Occurring in California within 10 days if the accident caused injury, death, or property damage over $1,000 to any one person's property. Failure to file can suspend your license.