California car accident laws, in plain English

The 405, the 101, the 10, and the 110 see some of the worst traffic in the country. If you've been in a crash in Los Angeles, here's what California law means for you.

2 yearsto file a personal injury lawsuit in California, in most cases. Property damage claims get 3 years.
6 monthsto file a claim against a government agency, like a city bus or a dangerous road.
30/60/15California's minimum liability coverage, in thousands of dollars, since January 2025.

What to do after a crash in LA

  • Get to safety and call 911 if anyone is hurt. On city streets, LAPD or the Sheriff's Department will usually respond. On freeways, it's the California Highway Patrol (CHP).
  • Swap information: name, insurance, plate, and driver's license number.
  • Take photos before the cars are moved, if it's safe. Our scene checklist walks you through it.
  • Report it to the DMV within 10 days, using form SR-1, if anyone was hurt or killed or the property damage is over $1,000. This is separate from any police report.
  • See a doctor within 72 hours, even if you feel fine. Gaps in treatment are one of the most common reasons insurers lower their offers.

How fault works in California

California uses pure comparative fault. You can recover damages even if you were mostly at fault, but your recovery is reduced by your share. For example, if you're 20% at fault on a $50,000 claim, you'd recover $40,000.

California is an at-fault state

The driver who caused the crash, and their insurance company, is responsible for the damages. You can file with their insurer, use your own coverage (like collision, MedPay, or uninsured motorist coverage) if you have it, or file a lawsuit.

If you didn't have insurance

Under Proposition 213, an uninsured driver generally can't recover "non-economic" damages like pain and suffering, even if the other driver was at fault. You can usually still recover medical bills and lost wages. There are exceptions, for example when the other driver was drunk.

You choose your body shop

California insurers can't require you to use a particular repair shop. Here's how to choose one.

General information, not legal advice. Laws change. Talk to a licensed California attorney about your situation.
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