Illustration only. Not a guarantee. This automated illustration is not an attorney’s valuation of your claim. It does not determine available insurance coverage or account for attorney fees, costs, or liens. Actual recovery may be substantially lower, including zero.
It gives a rough illustrative damages calculation for general information. It is not legal advice and does not predict or promise any result. Using it, or sending us your answers, does not create an attorney-client relationship.
Key Takeaways
- The calculator adds your economic losses to a pain and suffering range, then reduces the total by your share of fault.
- The multipliers are a rule-of-thumb starting point. California law sets no formula.
- California uses pure comparative fault, so you can recover even if you were mostly at fault, minus your percentage Li v. Yellow Cab Co. (1975) 13 Cal.3d 804.
- Uninsured drivers and owners usually cannot recover pain and suffering under Prop 213, with an exception when the other driver is convicted of DUI Civ. Code 3333.4.
- Past medical damages are limited to what was actually paid or owed, which can lower the number Howell v. Hamilton Meats (2011) 52 Cal.4th 541.
- Most California injury lawsuits must be filed within two years of the crash CCP 335.1.
Reviewed by Steven D. Green, Esq. · Updated October 14, 2026
How this calculator builds its illustration
The calculator adds your medical costs and lost earnings, past and future, to a pain and suffering range. That range is your medical costs times a multiplier chosen by injury severity. It then reduces the total by your share of fault and rounds to the nearest $500. Vehicle or property damage is shown on its own line, because it is usually a separate claim.
Economic damages are losses you can prove with a bill or a pay stub. Pain and suffering has no receipt, so claims are often valued with a multiplier: the more serious the injury, the larger the multiple of the medical bills.
The multipliers below are a common rule-of-thumb starting point. No California statute or court sets them, and a jury can award more or less. The calculator applies them to medical costs only, past and future.
| Most serious injury | Multiplier on medical bills |
|---|---|
| Soft tissue (whiplash, sprains, back or neck pain) | 1x – 2x |
| Broken bone, no surgery | 1.5x – 3x |
| Injury requiring surgery | 2x – 4x |
| Permanent injury or impairment | 3x – 5x |
Worked example: a broken bone, no fault
A driver runs a red light and breaks your wrist. You have $18,400 in medical bills, $4,000 in expected future care, $6,200 in lost wages and $0 in property damage. You were not at fault.
| Step | Low end | High end |
|---|---|---|
| Medical bills so far | $18,400 | $18,400 |
| Future medical costs | $4,000 | $4,000 |
| Total medical | $22,400 | $22,400 |
| Lost wages | $6,200 | $6,200 |
| Economic damages | $28,600 | $28,600 |
| Pain and suffering (medical × 1.5 / × 3) | $33,600 | $67,200 |
| Total before fault | $62,200 | $95,800 |
| Reduced for your fault (0%) | $62,200 | $95,800 |
| Illustration, rounded to nearest $500 | $62,000 | $96,000 |
The calculator shows $62,000 – $96,000. Treat it as a starting point for a conversation with an attorney.
California rules that change your number
Five California rules move the result most. Comparative fault reduces it by your share of blame. Prop 213 can remove pain and suffering for the driver or owner of an uninsured car. Howell limits past medical bills to amounts paid. Policy limits cap what an insurer will pay. The two-year deadline can end the claim entirely.
Pure comparative fault
Your award is reduced by your percentage of fault, even if you were 50% or more at fault Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. Take the same case and assume you were 20% at fault for speeding.
| Step | Low end | High end |
|---|---|---|
| Total before fault | $62,200 | $95,800 |
| Keep 80% (100% minus 20% fault) | $49,760 | $76,640 |
| Illustration, rounded to nearest $500 | $50,000 | $76,500 |
Fault percentages are open to argument. Police reports can be wrong, and video or witnesses can shift the split.
Prop 213 and uninsured drivers
Under Proposition 213, three groups cannot recover non-economic damages such as pain and suffering in a car accident case: a driver convicted of DUI for that crash, the owner of an uninsured vehicle involved in the crash, and a driver who cannot show financial responsibility Civ. Code 3333.4(a). They can still recover economic damages like medical bills, lost wages and property damage. The rule does not reach a passenger in someone else's car, a pedestrian or a cyclist Horwich v. Superior Court (1999) 21 Cal.4th 272, so the calculator only removes pain and suffering when you say the car you drove or own was uninsured.
There is one key exception. An uninsured owner can still recover pain and suffering if the other driver was convicted of DUI Civ. Code 3333.4(c). In our example, an uninsured driver with no fault would see about $28,500 after rounding.
Howell and the real value of medical bills
For past medical care, California limits recovery to the amount actually paid or incurred, not the full sticker price on the bill Howell v. Hamilton Meats (2011) 52 Cal.4th 541. If your health plan paid a discounted rate, that lower number usually counts. The collateral source rule still applies, so the at-fault driver gets no credit for what your insurance paid. That is why the calculator asks how your treatment was paid for. If health insurance, Medi-Cal or Medicare paid, enter what was actually paid plus what you owe, not the full bill. With a medical lien, the full bill can be used, though the other side may argue it is too high Pebley v. Santa Clara Organics (2018) 22 Cal.App.5th 1266.
Policy limits and your own coverage
California’s minimum liability coverage is 30/60/15 for policies issued or renewed on or after January 1, 2025: $30,000 for one person’s injuries, $60,000 for all injuries in one crash, and $15,000 for property damage Veh. Code 16056. If the at-fault driver has a $30,000 policy, a $62,000 illustration may exceed what that policy pays. Your own uninsured/underinsured motorist (UM/UIM) coverage, or a commercial or rideshare policy, may add to what is available.
The two-year deadline
Most California personal injury lawsuits must be filed within two years of the injury CCP 335.1. If a city, county or state agency is involved, a written claim is usually due within six months Gov. Code 911.2. Check your own filing dates with the California Claim Clock.
What a calculator can’t see
A calculator only knows the numbers you enter. It cannot judge the evidence of who caused the crash, how believable your treatment history looks, where the case would be tried, how much insurance exists, what liens must be repaid, or whether you will need surgery later. Each of those can change real value.
- Liability evidence. Photos, video, witnesses and the police report decide whether the insurer accepts fault.
- Credibility of treatment. Gaps in care let insurers argue the injury is minor or unrelated.
- Venue. Where a lawsuit would be filed can affect how an insurer values the risk of trial.
- Policy limits. A strong case can still be capped by the coverage available.
- Liens. Health insurers, government programs and providers may have a right to be repaid from the settlement.
- Future surgery. If a doctor later recommends surgery, the case changes. Settling first can mean giving up that cost.
Our California car accident lawyers build each of these before negotiating, so the number reflects the whole case.
Are car accident settlements taxable?
Usually not for the injury part. Federal law excludes damages received on account of personal physical injuries or physical sickness from income. Punitive damages, interest and any amount covering medical expenses you deducted in an earlier year can be taxable. Talk to a tax professional about your own settlement.
The federal rule is in the Internal Revenue Code IRC 104(a)(2). The IRS explains it in Publication 4345, “Settlements—Taxability.” According to that publication:
- A settlement for physical injuries is generally not taxable if you did not deduct the related medical expenses in prior years.
- Money for emotional distress that comes from a physical injury is treated the same way.
- The part that repays medical expenses you deducted in an earlier year is taxable to the extent the deduction gave you a tax benefit.
- Punitive damages are taxable, even in a physical injury settlement. Interest on a settlement is generally taxable too.
How the agreement is written can matter, so have a tax professional review it before you sign.
How long a California car accident settlement takes
There is no set timeline. Most claims cannot be valued fairly until you finish treatment or your doctor can predict future care. After that, timing depends on how fast records arrive, whether the insurer disputes fault, and whether a lawsuit is needed.
- Your recovery. Settling too early risks leaving future costs unpaid.
- Records. Providers can be slow to send complete records.
- The insurer’s response. Under California regulations, an insurer generally must accept or deny a claim within 40 days of receiving proof of claim, or explain in writing why it needs more time 10 CCR 2695.7(b).
- Disputes over fault or coverage. These lengthen negotiations and can lead to a lawsuit.
- Litigation. Discovery and depositions add time, and the two-year deadline may require filing while talks continue.
Green Law Group is a San Diego personal injury law firm headquartered in San Diego, and we take cases in all 58 California counties. Learn more about Green Law Group’s California injury practice.