Car Accident Lawyer in California
Injured in a crash anywhere in California? You generally have two years to file an injury claim — and as little as six months if a government vehicle was involved. Talk to us before you speak to the other driver’s insurer.
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California legal deadlines
In California you generally have
2years
from the date of a crash to file a personal injury lawsuit (Code of Civil Procedure § 335.1)
3years
for damage to your vehicle (§ 338).
You must also file an SR-1 report with the DMV within 10 days if anyone was injured or killed, or if property damage exceeds $1,000 (Vehicle Code § 16000).
If a city, county, state or other public entity was involved, the deadline is far shorter — a written government claim is generally due within six months (Government Code § 911.2).
Miss those deadlines and a strong case can end before it starts. That is the most common reason good claims fail in this state.
You Are Dealing With More Than a Damaged Car
A crash rearranges everything at once. There is the pain, the missed work, the rental car, the calls you did not ask for. Most people are still sore and still shaken when the first adjuster rings.
That call is not a courtesy. Adjusters are trained professionals measured on what a claim costs the insurer. The friendly tone is real; so is the objective.
They will ask for a recorded statement before you know the extent of your injuries. They may offer a number before the MRI is read, suggest the impact was too minor to hurt anyone, or point to a gap between the crash and your first appointment.
None of that is a verdict. It is an opening position, and it moves when the file is documented and the insurer understands the case can be tried.
California law is also unusually specific about car accident claims. The deadlines, the fault rules, the insurance minimums and the reporting duties each have their own statute. Knowing them is the difference between negotiating and guessing.
California Car Accident Rules That Decide Your Claim
| Rule | What California law requires |
|---|---|
| Deadline to sue for injuries | 2 years from the date of the crash (Code of Civil Procedure § 335.1). The same two-year period applies to a wrongful death claim, running from the date of death. |
| Deadline for vehicle and property damage | 3 years from the date of the crash (Code of Civil Procedure § 338). This is a separate clock from the injury deadline. |
| Claims involving a government vehicle or agency | A written claim is generally due within 6 months (Government Code § 911.2). If the claim is formally rejected, suit must usually follow within 6 months of the rejection notice (§ 945.6). This covers city buses, police and public-works vehicles, and dangerous road conditions. |
| DMV SR-1 report | Required within 10 days when anyone is injured or killed, or property damage exceeds $1,000 (Vehicle Code § 16000). Separate from the police report and from notifying your own insurer. Failing to file can suspend your licence. |
| Reporting to police | A crash involving injury or death must be reported to police or the CHP within 24 hours (Vehicle Code § 20008). |
| If you were partly at fault | California uses pure comparative fault (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). Your recovery is reduced by your share of fault, but you are not barred even if you were mostly responsible. |
| Minimum liability insurance | Since January 1, 2025, California minimums are $30,000 per person, $60,000 per accident and $15,000 property damage (Senate Bill 1107, 2022). Many sources still quote the older 15/30/5 figures. |
| If the other driver has no insurance | Your own uninsured and underinsured motorist coverage may respond. Insurers must offer it, but it can be declined in writing (Insurance Code § 11580.2), so check your declarations page rather than your memory. |
| If you were uninsured | Under Proposition 213 (Vehicle Code § 3333.4), an uninsured driver generally cannot recover pain and suffering damages, only economic losses such as medical bills and lost earnings. Narrow exceptions apply, including where the other driver was convicted of DUI. |
| If the injured person is a minor | The two-year deadline is generally paused until the child turns 18 (Code of Civil Procedure § 352). Government claim deadlines are treated differently and should not be assumed to pause. |
Major Causes of Car Accidents in California
Most collisions we handle are not exotic. They happen on ordinary trips, and the cause usually maps onto a specific traffic law — which matters, because a violation is strong evidence of negligence.
Distracted driving
California bans holding a phone while driving and bans texting outright (Vehicle Code §§ 23123, 23123.5). Phone records, infotainment data and app timestamps can often establish what a driver was doing at impact.
Speeding and unsafe speed
The basic speed law (Vehicle Code § 22350) prohibits driving faster than is safe for conditions, even when the driver is under the posted limit. Rain, fog, glare and congestion all change what safe means.
Impaired driving
Driving with a blood alcohol level of 0.08% or higher is illegal (Vehicle Code § 23152), and impairment by cannabis or prescription medication counts too. A criminal conviction can support the civil claim.
Red lights, stop signs and unsafe left turns
Intersections concentrate risk. Left turns across traffic and red-light running produce a high share of serious injury crashes, and there is increasingly camera or dashcam footage to settle who had the right of way.
Unsafe lane changes and following too closely
Rear-end and sideswipe collisions dominate stop-and-go freeway traffic. Low speed does not mean low injury; the forces involved still exceed what the neck and lower back tolerate well.
Drowsy and aggressive driving
Long commutes and long shifts produce fatigue, and fatigue produces the same delayed reactions as impairment. Aggressive driving adds tailgating and weaving to the mix.
Dangerous road conditions
Sometimes the defendant is a public entity rather than a driver: a missing sign, a defective road design, an unrepaired hazard (Government Code § 835). These claims carry the six-month deadline, which is why they are so often lost.
Commercial vehicles and rideshare overlap
When a big rig, delivery van, bus or rideshare vehicle is involved, extra layers of law and insurance apply. These cases are usually worth more and are always more complex.
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Car Accident Injuries We Represent
The injury drives the value of the claim, and insurers know which injuries are easy to dispute. Documentation from day one is what closes that gap.
Soft tissue injuries
Whiplash, sprains, strains and disc irritation are the most common and the most contested. Adjusters routinely argue they are minor or pre-existing, which is exactly why consistent treatment records matter.
Traumatic brain injury
A concussion does not require losing consciousness. Headaches, light sensitivity, irritability, word-finding trouble and difficulty concentrating are all reportable symptoms, and they often surface days later.
Spinal cord and back injuries
Herniated discs, nerve impingement and vertebral fractures can require injections, surgery, or lifelong management. Complete or partial paralysis changes the entire structure of a claim, including future care costs.
Fractures and orthopaedic trauma
Broken wrists, ribs, hips, pelvises and legs frequently mean surgery, hardware and months of rehabilitation. The lost-income component alone can exceed the medical bills.
Internal injuries and organ damage
Internal bleeding and organ trauma can be life-threatening and are not always obvious at the scene. This is the main reason we urge same-day medical evaluation even when you feel able to walk away.
Catastrophic and permanent injuries
Amputation, severe burns, disfigurement and injuries requiring lifetime attendant care call for life-care planning and economic expert analysis to value properly.
Wrongful death
When a crash is fatal, California law allows specified surviving family members to bring a wrongful death claim (Code of Civil Procedure § 377.60), and the estate may bring a separate survival action.
Psychological injuries
Post-traumatic stress, driving anxiety and depression are real consequences of a serious collision and are compensable when properly diagnosed and documented.
After a crash in California: what to do
Get to safety and call 911
Move out of traffic if you safely can. A crash with injury or death must reach police or the CHP within 24 hours (Vehicle Code § 20008).
Get checked the same day
Adrenaline masks injury. Head, neck and back symptoms often appear a day or two later, and a gap in treatment is the first thing an adjuster points to.
Photograph everything
Both vehicles, the street, signals and signs, skid marks, road conditions and your visible injuries. Photograph the other driver’s licence, insurance card and plate.
Get witness names and numbers
Independent witnesses disappear quickly and are very hard to find later. A name and mobile number written down at the scene is worth a great deal months on.
Do not discuss fault at the scene
Exchange information and stay civil, but do not apologise or speculate. Fault is a legal conclusion that depends on evidence you do not have yet.
File the DMV SR-1 within 10 days
Required when anyone is injured or killed, or property damage tops $1,000 (Vehicle Code § 16000). We can prepare it for you.
Do not give a recorded statement
You are not required to give the other driver’s insurer a recorded statement. They are taken early for a reason, and used later to narrow your injuries and shift fault.
Keep every record
Bills, referrals, prescriptions, mileage to appointments, pay stubs showing missed work, and a short daily note on pain and limitations.
Talk to a lawyer before accepting anything
An early offer usually arrives before the full picture of your injury exists. Once you sign a release, the claim is over, including for treatment you have not had yet.
Speak With a California Car Accident Lawyer Today
If you were injured in a car accident in Los Angeles or anywhere in California, you do not have to handle the claim alone. Akhavan Law Firm can review what happened, explain your legal options, and help you take the next step with confidence.
Call +1 310-694-8999 today to request a free consultation with a California car accident lawyer. The sooner you get guidance, the easier it may be to protect evidence, manage insurance communication, and move your claim forward.
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Schedule a Free Consultation with a California Car Accident Lawyer
Do not wait to get legal help after a serious car accident. Akhavan Law Firm can review your case, explain your options, and help you take the next step toward recovery.
No Win, No Fee — How Our Contingency Fee Works
You pay us nothing up front. Our fee is a percentage of what we recover for you, and if we recover nothing, you owe us no attorney’s fee.
California requires contingency fee agreements to be in writing and to state the fee rate, how costs affect your recovery, and that the rate is negotiable and not set by law (Business & Professions Code § 6147). You receive a signed copy before we begin.
We also explain case costs plainly — filing fees, records, expert witnesses — and how they are handled, before you decide whether to hire us. The consultation itself is free, with no obligation to proceed.
Working with our firm
We are a California personal injury firm led by founding attorney Edwin Akhavan, California State Bar #270338. We handle car accident claims across the state, from disputed liability cases to catastrophic injury and wrongful death matters. Our main office is in Beverly Hills and we keep offices throughout California, so a local meeting is usually possible without a long drive. We work with clients in English and Spanish.
Car Accident Help Across California
This page covers the statewide rules. For the courts, police agencies and roads where your crash actually happened, start with the office closest to you.
Related practice areas
Some crashes fall under their own rules. If yours involved one of these, that page will be more specific:
Reviewed by Edwin Akhavan, Founding Attorney, California State Bar #270338
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Car Accident Questions We Hear Most
What should I do immediately after a car accident in California?
Call 911 and get a police report, then get checked by a doctor the same day even if you feel able to walk away. Photograph both vehicles, the street, signals and your injuries, and get witness names and numbers.
Do not discuss fault at the scene, and speak with a lawyer before giving the other driver’s insurer a recorded statement.
How long do I have to file a car accident claim in California?
Most injury lawsuits must be filed within two years of the crash (Code of Civil Procedure § 335.1), and vehicle damage claims within three years (§ 338). If a city, county or state vehicle was involved, you generally have only six months to file a government claim (Government Code § 911.2). Insurance policies can have shorter notice deadlines, so call early.
Do I have to report the crash to the DMV?
Yes, in many cases. California requires an SR-1 report within 10 days when anyone is injured or killed, or property damage is over $1,000. It is separate from the police report and the insurance claim, and missing it can affect your license. We can prepare and file it for you.
What if the crash was partly my fault?
You can still recover. California follows pure comparative fault, so your compensation is reduced by your percentage of responsibility rather than eliminated. If you are found 20% at fault, you recover 80% of your damages. Insurers often push for a larger share of blame than the evidence supports, which is one reason to have a lawyer document the facts.
What if the other driver had no insurance or fled the scene?
Your own uninsured/underinsured motorist coverage may pay for your injuries, and it also applies in many hit-and-run cases. Report the crash to police and your insurer quickly, because policies contain their own notice deadlines. We review your policy and pursue every available source of coverage.
How much is my car accident case worth?
It depends on the injuries and treatment, whether surgery is needed, how much income you lost, how clear fault is, and how much insurance is available.
Since January 1, 2025, California drivers must carry at least $30,000 per person in bodily injury coverage, but serious cases often require looking at additional policies, employer coverage or your own UM/UIM. Be careful with any early number an adjuster offers before treatment ends.
Should I accept the insurance company’s first offer?
Usually not. Early offers tend to arrive before the full medical picture is known and rarely account for future care, lost earning capacity or pain and suffering. Once you sign a release, the claim is closed for good. Have the offer reviewed before you accept it.
What does it cost to hire Akhavan Law Firm?
Nothing upfront. We work on a contingency fee, so we are paid only if we recover money for you. There is no hourly billing and no fee if we do not win. The consultation is free, and we can meet you at the office, at home or at the hospital.
Do I need a lawyer for a minor crash?
Not every fender bender needs one. But if anyone was hurt, if fault is disputed, if the insurer asks for a recorded statement, or if the offer does not cover your bills and time off work, a free consultation costs you nothing and protects your options.
Do you help Spanish-speaking clients?
Yes. Se habla español. Our team handles consultations, documents and case updates in Spanish, and this page is also available in Spanish.
Areas We Serve
Akhavan Law Firm APC handles car accident claims throughout California. Our headquarters is in Beverly Hills and we have eleven more offices across the state, so you can meet an attorney close to home. Visit the office nearest you or call us today for immediate legal assistance.