Car Accident Claims in California: What You Need to Know

California is an at-fault state with a 2-year statute of limitations and a pure comparative fault rule — one of the most claimant-friendly systems in the US. California also has the highest average car accident settlements in the country.

California Statute of Limitations

Under California Code of Civil Procedure § 335.1, you have 2 years from the date of the accident to file a personal injury lawsuit. For wrongful death claims, the 2-year clock starts from the date of death. If the at-fault driver was a government employee (e.g., a city bus driver), you must file a government tort claim within 6 months — a much shorter deadline.

California Pure Comparative Fault

California uses pure comparative fault (Civil Code § 1714), which is the most claimant-friendly fault rule in the US. Under this system:

California Minimum Insurance Requirements

California requires minimum liability coverage of $15,000 per person / $30,000 per accident / $5,000 property damage (15/30/5). Note: California raised these minimums from 15/30/5 to $30,000/$60,000/$15,000 effective January 1, 2025 (AB 1107). Policies issued or renewed after that date must meet the new minimums.

California does not require uninsured motorist coverage, but insurers must offer it. Given that approximately 16% of California drivers are uninsured, UM/UIM coverage is strongly recommended.

Average Car Accident Settlements in California

California has the highest average car accident settlements in the US at approximately $47,000 for injury claims. This is driven by higher medical costs, higher wages (and therefore higher lost wage claims), and California's pure comparative fault system which allows full recovery regardless of partial fault. Serious injury cases in California regularly settle for $200,000–$1,000,000+.