How to File an Injury Claim After a Car Crash in California

TL;DR: If you’re injured in a California car crash, act quickly: get medical care, collect evidence, notify insurers, and consider legal help. The statute of limitations is generally two years, but government-related claims may require action within six months. This guide outlines every key step to protect your rights and maximize compensation.

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Step 1: Prioritize Your Health and Safety

Your health comes first. Call 911 if anyone is hurt. Even if you feel fine, visit a doctor within 72 hours. Many injuries—especially whiplash and internal trauma—don’t show up right away. Prompt treatment helps protect both your well-being and your legal claim.

Step 2: Gather and Preserve Evidence

• Take clear photos of all vehicles, injuries, and road conditions
• Request a copy of the police report and ambulance records
• Get names, contact details, and insurance info from all parties
• Keep all medical records, treatment receipts, and notes on time missed from work

Documentation is key. Write down what happened while it’s still fresh in your mind.

Step 3: Notify the Insurance Companies

Report the crash to your insurer as soon as possible. If the other driver was at fault, their insurance company should also be informed. Important: Don’t admit fault or provide recorded statements without speaking to an attorney first.

Step 4: Know the Legal Deadlines

In most cases, you have two years from the date of the accident to file a personal injury lawsuit under California Code of Civil Procedure § 335.1. If a public agency (e.g., city bus, state employee) is involved, the deadline may be as short as six months.

Step 5: Consult a Personal Injury Attorney

Legal representation can make a major difference. At West Coast Trial Lawyers, we’ve helped clients recover over $1.5 billion. A skilled attorney can handle negotiations, ensure legal deadlines are met, and fight for the compensation you deserve.

Step 6: Submit Your Claim and Negotiate

Once treatment is underway and evidence is organized, your lawyer will draft a demand letter outlining your injuries, losses, and the compensation you seek. Most cases resolve through negotiation, but if needed, your attorney can file a lawsuit before the deadline.

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Real Case Example: San Diego Settlement Success

A client came to us after a rear-end crash in San Diego. She followed all the right steps: got medical attention within 48 hours, tracked her pain symptoms daily, and reached out for legal guidance. The insurer initially offered $12,000. Our firm countered with a strong case supported by records and testimony—resulting in a $150,000 settlement without going to trial.

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Feeling Overwhelmed After a Crash?

Take a deep breath. You’re not alone. Write down everything you remember, then let a trusted legal team take over. Our job is to protect your case while you focus on healing.

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FAQs

How long do I have to file an injury claim?

Two years from the crash date in most cases. If a government agency is involved, you may have just six months to act.

Is it necessary to hire a lawyer?

No, but it helps. Insurance companies often offer low settlements to unrepresented victims. A lawyer ensures you’re treated fairly and don’t miss key deadlines.

Can I file a claim if I was partly at fault?

Yes. California follows a pure comparative negligence system. If you were 30% at fault, your compensation would be reduced by 30%.

What if the at-fault driver is uninsured?

You may still recover through your uninsured motorist (UM) policy. UM coverage applies when the other driver has no valid insurance.

Will I need to go to court?

Probably not. Most cases are settled out of court. If negotiations fail, your lawyer can take the case to trial.

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Talk to a California Car Accident Attorney Today

Contact West Coast Trial Lawyers for a free consultation. We work on a contingency basis—no win, no fee. Let us help you navigate the legal system and recover what you’re owed.

Article by Neama Rahmani, Esq. — President, West Coast Trial Lawyers. California Bar No. 240613. Verify credentials.