CA
California Personal Injury Guide
Key deadlines, fault rules, insurance minimums, and laws that affect personal injury claims in California.
- Injury SOL
- 2 years
- Fault system
- Pure Comparative Fault
- 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.
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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 daysIf 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 monthsClaims 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 fileReport 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 termsReview 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.
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.