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California Car Accident Laws You Should Know

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    TL;DR: California law requires drivers to report certain accidents, maintain minimum insurance, and understand how fault affects claims. Key laws include the 2-year deadline to file injury claims (Code of Civil Procedure §335.1), comparative negligence (Civil Code §1714), and reporting rules (Vehicle Code §20008). Knowing these rules can protect your rights and improve your settlement.A head on collision accident with two people trying to figure out what is going on.

    Accident Reporting Requirements

    Under California Vehicle Code §20008, if you’re involved in an accident involving injury or death, you must file a written report with the California Highway Patrol or local police department within 24 hours. If police come to the scene, they usually handle this. You must also report the crash to the DMV within 10 days if it resulted in injury, death, or over $1,000 in property damage (Form SR-1).

    Minimum Insurance Requirements

    California requires the following minimum car insurance coverage:

    • $15,000 for injury/death to one person
    • $30,000 for injury/death to more than one person
    • $5,000 for property damage

    While these are the legal minimums, they may not be enough to cover serious accidents. Many drivers opt for higher limits or uninsured/underinsured motorist coverage.

    Comparative Negligence: Shared Fault Rules

    California uses a pure comparative negligence system. Even if you’re partially at fault, you can still recover damages—but your compensation is reduced by your percentage of fault. This is governed by Civil Code §1714.

    Example: You’re 30% at fault in a crash and suffer $100,000 in damages. You can still recover $70,000.

    Statute of Limitations

    According to Code of Civil Procedure §335.1, you typically have 2 years from the accident date to file a personal injury lawsuit. For property damage claims, the deadline is 3 years. If a government vehicle was involved, you must file a claim within 6 months.

    Duty to Mitigate Damages

    California law requires accident victims to take reasonable steps to reduce their damages after a crash. This includes seeking prompt medical care and following treatment recommendations. Failing to do so could reduce your compensation.

    Real Client Example: $135,000 Settlement

    Our San Jose client was rear-ended by a distracted driver. The insurance company initially offered $12,000. We gathered medical records, photos, and had a biomechanical expert analyze the injuries. Final result: $135,000 settlement. Thorough documentation made the difference.

    Key Takeaways

    • Report serious accidents within 24 hours and to the DMV within 10 days
    • Maintain at least the legal minimum insurance coverage
    • Know that fault can be shared—and doesn’t block compensation
    • Don’t delay: most claims have a 2-year filing window
    • Act reasonably after a crash to protect your claim

    Need Help Understanding California Car Accident Law?

    Don’t go it alone. Car accident laws are complex, and insurance companies often take advantage of injured victims who aren’t familiar with their rights. West Coast Trial Lawyers has helped thousands of Californians recover after collisions—even when fault was disputed. Get your free case review.


    Attorney: Neama Rahmani, Esq.
    President, West Coast Trial Lawyers
    California Bar No. 223819
    Verify Neama RahmaniThis article is for informational purposes only and does not constitute legal advice. Please consult an attorney for guidance on your individual case.

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