Hurt in a car accident in California? Your claim usually runs through the at-fault driver's insurance, and two rules shape it most: the filing deadline and how fault is shared.
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California is a pure comparative fault state. That means there is no fault threshold that bars you from recovering. If you were 30% responsible for an accident, you recover 70% of your damages. If you were 60% responsible, you recover 40%. The insurer for the other driver knows this. What they're betting on is that you don't — and that you'll accept a reduced offer or walk away from a claim you think you can't win.
Here's how they play it: the adjuster will emphasize anything that suggests you were partly at fault. They'll bring up your speed, your lane position, whether you were on your phone, whether you had a pre-existing injury that 'contributed' to your pain. Every one of those is an attempt to run up your percentage of fault and reduce their payout. An attorney's job is to document and present your case in a way that keeps that number as low as possible.
California is also not a no-fault state — unlike Pennsylvania, you usually pursue the at-fault driver's insurance instead of starting with your own PIP benefits. Your window is generally two years from the accident date for injury claims under Cal. Code Civ. Proc. § 335.1 and three years for property damage under § 338. If a government vehicle, city bus, public employee, or dangerous public-road condition is involved, California Government Code § 911.2 can require a government claim within six months. California also has Proposition 213, which can limit pain and suffering recovery for uninsured drivers under Cal. Civ. Code § 3333.4 — if that may apply, have an attorney review the facts before speaking with the other insurer.
Legal Information Notice
The legal information on this page is for general educational purposes only and is not legal advice. Laws change, and every case is different. Always consult with a licensed attorney in your state to verify the current law and how it applies to your specific situation.
Yes. California follows pure comparative negligence — you can recover even if you were 90% at fault. Your damages simply get reduced by your percentage of fault. If the insurer says you were 40% at fault on a $150,000 case, you're still entitled to $90,000. The issue is they'll argue your fault percentage as high as possible to minimize the check. That's what attorneys are for.
Two years for personal injury, three years for property damage only, under California Code of Civil Procedure § 335.1 and § 338. If a government vehicle or employee was involved, you have just six months to file a claim with the relevant agency before that deadline. Miss it and the lawsuit goes away entirely. Don't count on insurance negotiations to stop the clock — they don't.
You can still recover your medical bills and lost income. California's Proposition 213 limits uninsured drivers from recovering 'noneconomic' damages like pain and suffering, but economic damages — your actual financial losses — remain available. Given how complex this gets, you really do need an attorney reviewing your specific situation before you say anything to the other driver's insurer.
California's minimum liability limits increased to 30/60/15 as of Jan 1, 2025 — $30,000 per person, $60,000 per accident, and $15,000 for property damage. That runs out fast on any serious injury. But minimum policy limits are often just the starting point. An attorney will investigate whether the other driver had additional assets, whether your own underinsured motorist coverage applies, and whether any third parties — employers, contractors, vehicle owners — share liability. Cases that look like small-policy cases often aren't.
All legal information on this page is sourced from primary government statutes. Last verified 2026-05-17.
Cal. Code Civ. Proc. § 335.1
2-Year SOL for Personal Injury
Cal. Code Civ. Proc. § 338
3-Year SOL for Property Damage
Cal. Civ. Code § 3333.4
Proposition 213 (Uninsured Driver Limitation)
Cal. Civ. Code § 1714
Pure Comparative Fault (Negligence Standard)
Cal. Gov. Code § 911.2
6-Month Government Claim Deadline
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Last reviewed: 2026-05-17
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