California Personal Injury Guide

Key deadlines, fault rules, insurance minimums, and laws that affect personal injury claims in California.

2 years

Injury SOL

Pure Comparative Fault

Fault system

Min. bodily injury coverage

$30,000 / $60,000

Statute of Limitations

These are the time limits to file a lawsuit. Missing these deadlines generally means losing your right to recover compensation.

Personal Injury

2 years from the date of injury (CCP § 335.1)

Property Damage

3 years from the date of damage (CCP § 338)

Wrongful Death

2 years from the date of death (CCP § 335.1)

Know your California filing deadline

Enter your accident date to calculate your personal injury deadline, then get it emailed to you.

By submitting, you agree to our Privacy Policy. Deadline estimates are for educational purposes only.

Fault Rule: Pure Comparative Fault

California follows pure comparative fault (Li v. Yellow Cab Co., 1975). An injured person can recover damages even if they were 99% at fault, but their recovery is reduced by their percentage of fault. There is no bar to recovery based on the injured party's degree of fault.

Reporting Deadlines

Car accident — police report

Within 10 days

If a car accident results in injury, death, or property damage over $1,000, it must be reported to the DMV within 10 days using the SR-1 form.

Government entity claim

Within 6 months

Claims against California state or local government entities must be filed using the Government Claims Program within 6 months of the incident. Failure to comply is a hard bar to recovery.

Workers' compensation

Within 30 days to employer; 1 year to file

Report the workplace injury to your employer within 30 days. File a formal workers' compensation claim (DWC-1) within 1 year of the injury date.

Uninsured motorist claim

Per your policy terms

Review your policy. Most UM/UIM claims must be reported promptly. A lawsuit must be filed within 2 years under California law.

Insurance Minimums

These are the minimum auto insurance coverage amounts required in California. Many drivers carry only these minimums, which may be insufficient for serious injuries.

Bodily Injury (per person)

$30,000

Bodily Injury (per accident)

$60,000

Property Damage

$15,000

Uninsured Motorist

Must be offered; may be waived in writing

Key Laws to Know

Pure Comparative Fault (Li v. Yellow Cab, 1975)

California abolished contributory negligence in favor of pure comparative fault, allowing recovery even when the plaintiff is primarily at fault, with damages reduced proportionally.

MICRA (Medical Injury Compensation Reform Act)

California caps non-economic damages in medical malpractice cases at $350,000 for injuries and $500,000 for wrongful death (as of 2023, with annual increases). Does not apply to general personal injury cases.

Proposition 213 — Uninsured Motorist Limitations

Drivers operating a vehicle without insurance at the time of an accident may not recover non-economic damages (pain and suffering) even if the other driver was at fault.

Government Claims Act (Gov. Code § 810 et seq.)

Before suing a California government entity, a formal claim must be filed within 6 months of the incident. Strict compliance is required — courts have limited ability to excuse late filings.

California Labor Code § 3600 — Workers' Compensation Exclusivity

Workers' compensation is generally the exclusive remedy against an employer for workplace injuries. Third-party civil claims remain available against non-employer defendants.

California Cities

Local resources, hospitals, courts, and accident corridor information for major cities in California.

Anaheim

Pop. ~346,000 (Orange County's largest city; home to Disneyland Resort and major sports venues)

I-5 / SR-57 / SR-91 interchange collisions — one of Southern California's most complex freeway junctions, Tourist pedestrian accidents near Disneyland Resort on Harbor Blvd and Katella Ave + 4 more

Bakersfield

Pop. ~407,000 (Kern County seat; California's ninth-largest city)

SR-99 high-speed collisions and multi-vehicle accidents — heavy truck traffic and tule fog create year-round danger, I-5 Grapevine weather-related accidents (tule fog, occasional ice, steep grade north of the city) + 4 more

Chula Vista

Pop. ~280,000

Freeway accidents on I-5 and I-805 near border crossing corridors, Multi-vehicle collisions at the I-805/SR-54 interchange + 4 more

Fontana

Pop. ~215,000

Commercial truck accidents on I-10 near Inland Empire distribution center access routes, High-speed interchange collisions at the I-10 and I-15 junction + 4 more

Fremont

Pop. ~240,000

Freeway rear-end and lane-change collisions on I-880 near freight routes, High-speed merge accidents on I-680 and SR-84 on-ramps + 4 more

Fresno

Pop. ~545,000 (California's fifth-largest city; largest inland city in the state)

SR-99 high-speed and multi-vehicle collisions (year-round danger; significantly increased in winter tule fog), Agricultural equipment accidents on county roads and roads bordering active farmland + 4 more

Glendale

Pop. ~200,000

Freeway interchange collisions at the I-5 and SR-134 junction, Pedestrian accidents on Brand Blvd near Americana at Brand and Glendale Galleria + 4 more

Huntington Beach

Pop. ~200,000

Pedestrian accidents on Pacific Coast Highway (SR-1) near the pier and beach access, Bicycle accidents along PCH bike paths and Beach Blvd + 4 more

Irvine

Pop. ~310,000

Freeway merge and rear-end collisions at the I-405/I-5 El Toro Y interchange, High-speed sideswipe and lane-change accidents on I-405 + 4 more

Lancaster

Pop. ~160,000

High-speed multi-vehicle accidents on SR-14 (Antelope Valley Freeway), Head-on collisions on rural two-lane sections of SR-138 + 4 more

Long Beach

Pop. ~466,000 (California's seventh-largest city; home to the Port of Long Beach)

Port truck accidents on I-710 (Long Beach Freeway) — among the highest commercial vehicle volumes in the US, Pedestrian and bicycle accidents on Pacific Coast Highway (SR-1) along the waterfront + 4 more

Los Angeles

Pop. 3.9 million (city); 10 million+ (county)

Freeway rear-end and multi-vehicle accidents (I-405, I-10, I-110), Pedestrian accidents on high-traffic boulevards (Sunset, Wilshire, Venice) + 4 more

Modesto

Pop. ~220,000

Freeway rear-end and lane-change collisions on SR-99 through the Modesto corridor, Agricultural equipment accidents on rural-to-urban transition roads near SR-99 + 4 more

Oakland

Pop. ~440,000 (Alameda County seat; largest city in the East Bay)

I-880 (Nimitz Freeway) high-speed and multi-vehicle collisions — elevated truck volume serving Port of Oakland, Pedestrian accidents on International Blvd — among California's most dangerous pedestrian corridors per mile + 4 more

Ontario

Pop. ~180,000

Commercial truck accidents on I-10 and I-15 freight corridors, Airport-area accidents involving rental cars, rideshare vehicles, and taxis on Airport Dr + 4 more

Palmdale

Pop. ~165,000

High-speed rear-end and multi-vehicle accidents on SR-14 during commute hours, Intersection collisions on Avenue S and Avenue P + 4 more

Pasadena

Pop. ~140,000

Freeway accidents on SR-110 (Arroyo Seco Pkwy) due to narrow lanes and tight curves, Rear-end and merge collisions on I-210 (Foothill Freeway) commuter segments + 4 more

Pomona

Pop. ~150,000

Freeway rear-end and multi-vehicle accidents at the I-10/SR-57 interchange, Pedestrian accidents near Cal Poly Pomona campus and along Holt Ave + 4 more

Rancho Cucamonga

Pop. ~180,000

Freeway interchange accidents at the I-15/SR-210 junction, Commercial truck accidents on I-10, I-15, and Base Line Rd + 4 more

Riverside

Pop. ~330,000

Freeway rear-end and multi-vehicle collisions on I-215 and SR-60, Truck and freight vehicle accidents near major distribution corridors + 4 more

Sacramento

Pop. ~528,000 (California's state capital and sixth-largest city)

Freeway collisions at the I-5/I-80 interchange and Business 80 (Capital City Freeway), Sacramento Regional Transit (RT) light rail accidents on the downtown and suburban Gold and Green lines + 4 more

San Bernardino

Pop. ~230,000

Freight truck accidents on I-10 between Inland Empire distribution centers and the ports, High-speed freeway collisions on I-215 at interchange merge zones + 4 more

San Diego

Pop. 1.4 million (city); 3.3 million (county)

Freeway accidents on I-5 and I-8 interchange areas, Pedestrian accidents in tourist and entertainment districts + 4 more

San Francisco

Pop. ~874,000 (city and county; California's fourth-most-populous city)

MUNI bus, F-line streetcar, and Muni Metro subway accidents on city transit routes, Pedestrian accidents on Market Street and major Downtown and SoMa corridors + 4 more

San Jose

Pop. ~1.03 million (California's third-largest city; Silicon Valley's urban core)

Freeway collisions at the US-101/I-880 interchange and I-280 merge zones, VTA light rail and bus accidents on transit corridors throughout the city + 4 more

Santa Ana

Pop. ~310,000

Pedestrian accidents on high-injury corridors including Bristol Street and First Street, Freeway accidents at I-5, SR-22, and SR-55 interchange zones + 4 more

Santa Clarita

Pop. ~230,000

Freeway merge and diverge collisions at the I-5/SR-14 interchange, High-speed rear-end accidents on I-5 (Golden State Freeway) + 4 more

Stockton

Pop. ~320,000

Freeway interchange collisions at the I-5 and SR-99 split, Commercial truck accidents on Charter Way and port access routes + 4 more

Torrance

Pop. ~145,000

Rear-end and multi-vehicle freeway collisions on I-405 through the South Bay corridor, Pedestrian and cyclist accidents on SR-1 (Pacific Coast Highway) near beach access points + 4 more

The above is general educational information about California law and may not reflect recent legislative changes. Consult a licensed attorney in California for advice specific to your situation.

Get Free Guidance