Accidents & Injuries in California

California Code of Civil Procedure Section 335.1 provides a two-year statute of limitations for personal injury claims from the date of injury. If the injured person did not discover the injury immediately, the "discovery rule" may toll (pause) the limitations period. For claims against government agencies, you must file a Government Tort Claim Act notice within six months of the incident under California Government Code Section 910.

California Civil Code Section 1714 establishes pure comparative fault, which allows injured plaintiffs to recover damages even if they are substantially at fault. If you are 80% at fault and sustain $100,000 in damages, you could potentially recover $20,000. There is no threshold that bars recovery — even a plaintiff who is 99% at fault may recover 1% of their damages.

California does not cap compensatory damages in most personal injury accident cases. Injured parties can pursue full economic and non-economic damages. Note: medical malpractice non-economic damages are capped separately under MICRA (now rising incrementally under AB 35). Punitive damages are available in cases of egregious misconduct but are subject to constitutional review.

California requires all drivers to carry minimum liability insurance (currently $15,000/$30,000/$5,000 under Insurance Code Section 11580.1b, with increased minimums under SB 1107 effective 2025). California is a tort state — the at-fault driver's insurance pays for the other party's injuries. California does not have mandatory no-fault PIP coverage.

California Assembly Bill 5 (AB 5) and Proposition 22 have created a complex legal framework for rideshare liability. Rideshare companies operating in California are generally required to carry liability insurance covering their drivers during active rides, typically up to $1 million per incident. If you are injured as a passenger or by a rideshare driver, you may have claims against both the driver and the company's insurance. The specific coverage that applies could depend on whether the driver was actively transporting a passenger, waiting for a ride request, or offline at the time of the accident.

California Insurance Code Section 11580.2 requires all auto insurance policies to include uninsured motorist (UM) and underinsured motorist (UIM) coverage unless the insured specifically rejects it in writing. If you are hit by an uninsured or underinsured driver, your own UM/UIM coverage may compensate you for injuries and damages. California courts have interpreted these provisions broadly to protect accident victims, and disputes with your own insurer over UM/UIM claims could potentially give rise to insurance bad faith claims under certain circumstances.