California car accident claims

California is not a no-fault state. You generally look to the at-fault driver. That is not the same thing as the shared-blame rule below.

A crash is a negligence claim: duty, breach, cause, harm. The numbers below are the published California rules, not a ruling on your facts.

Last checked Sep 3, 2026 · LawyerUnc editorial. Educational only, not legal advice.

How long you have to file: Ordinary injury claims in California often run 2 years (Cal. Civ. Proc. Code § 335.1). Tolling and discovery rules can change a date. Confirm the current statute.
If you share blame: If you share blame, your recovery is cut by that percentage. You can still recover even if you were mostly at fault.
No-fault vs the other driver: California is not a no-fault state. You generally look to the at-fault driver for an injury lawsuit. Med-pay on your own policy, if you bought it, is extra. It does not replace the lawsuit, and it is not California's pure comparative-fault math. (Cal. Ins. Code (optional med-pay; no PIP lawsuit bar))
What usually matters: · Ordinary injury is two years. Government claims have extra notice traps.
· California is still pure comparative for an ordinary wreck.
What to save: Photos of the scene and the cars, the police report number, dashcam or store video, the other driver's insurance card, and your own medical visits in order. Do not post a joke about the crash. Use the preservation letter if a truck or a tape is about to disappear.