No Fees Until We Win Free Consultation
Location
Location
Practice Areas
Practice Areas
request a call
request a call
Menu
Menu
request a call
request a call
  • /
  • 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.

Man photographing his vehicle with damages for accident insurance


506 REVIEWS

This is my first time needing a lawyer and I couldn't believe how helpful these guys were! They were very professional, quick and easy to work with! I even came to the office to pick up my check and the receptionist was very nice and even offered me water (it was a hot day). I would 100% recommend this team and come back for their services!

Nancy N.

308 REVIEWS

oast Trial Lawyers. Each attorney who has worked on my case showed professionalism, good communication skills, and compassion towards me. I was also satisfied with the pay I received for each case.

Micheal Swarz

308 REVIEWS

Exceptional service from start to finish! The team at West Coast Trial lawyers handled my personal injury case with professionalism, compassion, and expertise. They kept me informed every step of the way and fought tirelessly to ensure I received the compensation I deserved. I highly recommend their services to anyone in need of legal representation for personal injury cases. 5 stars!

Andre Hinojos

308 REVIEWS

I was involved in car accident last summer while taking my kid to school. It was my first accident so I was extremely nervous and scared. After venting out several law firms, I went with West Coast Trial Lawyers. From the start, till the very end, I was always connected and in touch with my attorney, the process was a lot easier than I thought and I am happy to say everything went better than expected with my case!! Thank you to the entire staff!

Charles Thompson

497 REVIEWS

This is a great firm that gets it done. When my brother was killed in an auto/bike accident we contacted West Coast Trial Lawyers and they handled our case and even got us a really great setttlement based on the situation and circumstance. We know no one could have done a better job.

Meck Giinan

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.


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.


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.


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.


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.




Free Case Evaluation

View More
View More
Car Accidents Attorney Pedestrian Accidents Premises Liability Bicycle Accidents Dog Bites Motorcycle Accidents Scooter Accidents Uber and Lyft Accidents Wrongful Death Truck Accidents Bus Accidents Brain Injury Burn Injury Spinal Cord Injury Food Delivery Accidents Lemon Law

Let's Connect

/* */