Car accident claims: what to do next in California

California is a pure comparative fault state — injured parties may recover damages even if partially at fault, with damages reduced proportionally. Direct tort claims against at-fault drivers are available from the outset without any threshold requirement. The state does not operate a no-fault PIP system, though Medical Payments (MedPay) coverage is optional.

The statute of limitations for personal injury claims arising from motor vehicle accidents in California is two years from the date of the collision (Code Civ. Proc. § 335.1). Claims against a government entity (e.g., Caltrans for road-design defects) require a government tort claim filed within six months of injury.

Venue is proper in the county where the accident occurred, where the defendant resides, or where any defendant resides at the time the action is commenced (Code Civ. Proc. § 395). Los Angeles, San Diego, and Orange County courts handle the highest volume of MVA litigation and maintain dedicated personal injury departments.

California minimum liability limits are 15/30/5 (raised to 30/60/15 in 2025). Uninsured motorist (UM) and underinsured motorist (UIM) coverage must be offered in writing; written rejection required to waive. California's uninsured driver rate is approximately 17%, making UM/UIM claims common.