California Car Accident Lawyers

The steps below follow the order most people face them in the first 72 hours. Some are legal duties. Others protect your claim.

A worked example

Say a jury finds your total damages are $100,000. It also finds you were 20 percent at fault because you were going a little over the limit when another driver ran a red light. Your recovery is reduced by 20 percent, to $80,000. If the jury put you at 60 percent fault, you would still recover $40,000. Many other states bar recovery at 50 or 51 percent. California does not.

Fault percentages are argued. A police report is evidence, and it can be wrong. Photos, vehicle data, video and witness accounts often change the picture.

Prop 213: limits on uninsured drivers

Proposition 213 bars non-economic damages, such as pain and suffering, for three groups: a driver convicted of DUI for the crash, the owner of an uninsured vehicle involved in the crash, and a driver who cannot show proof of financial responsibility Civ. Code 3333.4. They can still recover economic damages like medical bills, lost wages and property damage.

There is one important exception. An uninsured vehicle owner keeps the right to pain and suffering if the other driver was convicted of DUI for the crash Civ. Code 3333.4(c). If you were uninsured, do not assume you have no claim. Call us and we will tell you exactly what is recoverable.

Uninsured and underinsured motorist coverage

Every California auto liability policy must include uninsured motorist (UM) coverage unless the policyholder signs a written agreement to delete it Ins. Code 11580.2(a). UM coverage protects you when the at-fault driver has no insurance or flees the scene. Underinsured motorist (UIM) coverage applies after the at-fault driver's liability limits have been paid out Ins. Code 11580.2(p). With serious injuries, a $30,000 policy runs out fast, so we check your own policy on every case.

Why commercial and rideshare policies matter

When the other vehicle was a company truck, delivery van or work car, the employer and its insurer may also be responsible. Those policies are often much larger than a personal policy. Rideshare crashes add another layer, because Uber and Lyft coverage depends on whether the driver was logged in, waiting for a ride or carrying a passenger. For commercial trucks and fleets, see our truck accident lawyer page.

• Rear-end collisions. The rear driver is often at fault, but insurers still argue sudden stops or broken brake lights. Neck and back injuries are common and need careful documentation.
• Broadside and T-bone crashes. These usually happen at intersections and turn on who had the right of way. Signal timing, video and witness statements matter most.
• Freeway and multi-vehicle crashes. Several drivers, several insurers and shared fault. When a big rig is involved, see our truck accident attorneys.
• Uber and Lyft crashes. Whether you were a passenger, another driver or the rideshare driver, coverage depends on whether the app was on and a ride was in progress. We sort out which policy pays.
• Hit-and-run and uninsured drivers. Your own uninsured motorist coverage is often the main source of recovery. Report the crash to police quickly and tell your insurer.
• DUI drivers. A drunk or drugged driver's criminal case runs separately from your injury claim. A DUI conviction can also matter under Prop 213 and, in rare cases, support punitive damages.
• Pedestrians and cyclists. People outside a vehicle are often hurt badly even at low speeds. Read more about bicycle accident claims, and about motorcycle accident claims for riders.

Serious crashes can cause neck injuries, back injuries and spinal cord injuries. When a crash takes a life, our wrongful death attorneys help families with a separate claim.

Economic damages

• Medical expenses. Emergency care, surgery, therapy, medication and future treatment. For past medical bills, California limits recovery to the amounts actually paid or incurred Howell v. Hamilton Meats (2011) 52 Cal.4th 541. The collateral source rule still applies, so the at-fault driver does not get credit for the fact that your health insurance paid.
• Lost wages and earning capacity. Pay you missed while recovering, and reduced future earnings if your injuries limit the work you can do.
• Property damage. Vehicle repair or replacement, a rental car and personal items damaged in the crash.

Non-economic damages

Pain, emotional distress, loss of sleep, and the activities and relationships an injury takes from you. There is no formula in the law. These damages are proven with medical records, your own account and the people who know you best.

Punitive damages

California allows punitive damages only when the plaintiff proves by clear and convincing evidence that the defendant acted with oppression, fraud or malice Civ. Code 3294(a). That is a high bar. Most car accident cases involve carelessness, which does not qualify.

Have your medical bills, lost pay and repair estimate handy. You can also open the full car accident settlement calculator page for a longer explanation of how the estimate works.

The six-month government deadline covers vehicle damage as well as injuries. After a public entity rejects a claim in writing, you generally have six months to sue Gov. Code 945.6(a). For a child, the two-year deadline usually doesn't start until age 18. A claim against a government agency is still due within six months CCP 352(b).

Enter your crash date below to see your own dates. The same tool appears on our California Claim Clock. Exceptions exist, so call us before assuming you are out of time.

• Liability evidence. Photos, video, the police report, vehicle data and witnesses. Clear proof of fault removes the insurer's main argument for paying less.
• Injury severity and treatment. A fracture or surgery is valued differently from a sprain. Consistent treatment and clear medical records connect the injury to the crash.
• Policy limits. A claim can be worth more than the coverage available. Finding every policy, including your own UIM coverage and any employer or rideshare policy, is often what decides the final number.
• Comparative fault. Every percentage point of fault assigned to you reduces your recovery by the same percentage.
• Venue. Juries in different California counties weigh injuries differently, and insurers factor that into their offers.

Before law school, Steven Green worked in operating rooms as a clinical specialist for spine and cardiac devices. He reads imaging and surgical notes the way the defense's experts do, which helps us show what an injury really means. Learn more about Steven D. Green.

Recorded statements

The other driver's adjuster may call within days and ask to record your account. You are generally not required to give one to the other driver's insurer. Casual answers like "I'm fine" or "I didn't see them" can be quoted back later. It is reasonable to say your attorney will respond.

Early offers

A quick offer often arrives before you know how long recovery will take. Once you sign a release, the claim is usually over, even if you later need surgery.

When not to accept a settlement offer

• Before your doctors can say whether you will fully recover or need more care.
• Before you know the cost of future treatment and time off work.
• Before every possible policy has been identified, including your own UIM coverage.
• Before you know what health plans, Medi-Cal or providers will claim from the settlement.
• When the offer does not account for your share of fault fairly or ignores pain and suffering.

State law is the same in San Diego as anywhere in California. What changes is local: the agency that responds, the court where a case is filed, and whether a crash involved a public entity with a six-month claim deadline. Clients elsewhere in the state work with us by phone and video, and we travel when a case calls for it. See our California personal injury lawyers home page for every practice area.