The short answer
In California, you generally have two years from the date of a car accident to file a personal injury lawsuit (CCP § 335.1). You can still recover compensation even if you were partly at fault—your recovery is reduced by your share of blame under pure comparative negligence. Seek medical care, preserve evidence, and talk to a lawyer before speaking to the insurer.
A car accident in Los Angeles rarely ends when the tow truck leaves. Within days you are juggling doctor visits, a rental car, missed shifts, and a phone call from an adjuster who sounds friendly and asks if you would mind giving a quick recorded statement. That call is the start of a process designed to close your claim quickly and cheaply. Knowing how that process works, and how to push back on it, is often the difference between a claim that covers your real losses and one that leaves you paying for someone else's mistake.
The founding attorneys at Oaks Law Firm has spent more than two decades fighting insurers of the table, defending drivers for insurance companies and working fighting insurers. We sat in the claim reviews. We saw how injury files are scored, which medical records trigger a lower reserve, and which arguments make a carrier reconsider. Today we use that knowledge exclusively for injured people, building each car accident claim around the exact points an insurer will attack.
Crashes on the 405, the 101, the 110, and the 10 freeways, or on surface streets like Wilshire, Sunset, Figueroa, and Olympic, each raise their own questions about fault, speed, and visibility. California's pure comparative fault rule means you can still recover even if you share some blame, and the general deadline to file an injury lawsuit is two years. Some deadlines are much shorter, such as the six-month claim period that applies when a city, county, or transit agency is involved.
Your consultation is free, and we work on contingency: you pay no attorney's fee unless we recover compensation for you. Call us before you sign anything or give a recorded statement, and we will explain where your claim stands, what the insurer is likely to argue, and what we can do about it.
From the other side of the table
How the insurer's adjuster sees your claim
The recorded statement is an evidence-gathering tool
Adjusters are trained to ask open-ended questions early, before you know the full extent of your injuries. A casual 'I'm feeling okay' can later be quoted to argue you were not hurt. We handle communications with the carrier so your words are not used to shrink your claim.
Claim software scores your medical records
Many carriers use valuation software that assigns weight to diagnosis codes, treatment type, and treatment duration. Gaps in care and vague chart notes pull the number down. We work with your providers to make sure your records accurately describe your symptoms, limitations, and diagnoses.
Low property damage is used to argue low injury
If your bumper looks fine, expect the insurer to claim the impact was too minor to hurt anyone. We counter with medical evidence, vehicle data, and, where appropriate, biomechanical and reconstruction analysis showing how force transfers to occupants even when sheet metal survives.
Comparative fault is used to discount the offer
Even in a clear-liability crash, adjusters often assign you a percentage of fault to justify a lower number. We gather the scene evidence, witness accounts, and video that rebut those assignments before they become the basis for negotiation.
Why it happens
Common causes
Distracted driving in stop-and-go traffic
Phones, navigation screens, and food cause drivers to miss the brake lights ahead, especially in the constant slowdowns on the 405 through the Sepulveda Pass and the 101 through Hollywood.
Speeding on open stretches and late at night
When traffic clears, speeds on the 110, the 10, and wide boulevards like Sepulveda and Venice climb quickly, leaving drivers with too little time to react to a stopped car or a turning vehicle.
Unsafe left turns at busy intersections
Drivers trying to beat a yellow light or squeeze through a gap in oncoming traffic on Wilshire, Figueroa, or Western cause many serious intersection collisions.
Unsafe lane changes and merges
Freeway interchanges such as the 10 and 110 near downtown and the 405 and 101 in Sherman Oaks require quick lane changes, and drivers who fail to check blind spots or signal cause sideswipes and chain-reaction crashes.
Impaired driving
Alcohol, cannabis, and prescription drugs slow reaction time and impair judgment. Impaired-driving crashes tend to happen late at night near nightlife districts but can occur anywhere and at any hour.
Road hazards and poor road design
Potholes, faded lane markings, missing signs, and malfunctioning signals can contribute to crashes. When a public entity is responsible, special claim rules and short deadlines apply.
What we see
Injuries we handle
What you may recover
Compensation in a California claim
Medical expenses
Emergency care, hospital stays, surgery, imaging, physical therapy, chiropractic care, prescriptions, and the reasonable cost of future treatment your doctors expect you to need.
Lost wages and earning capacity
Income you lost while recovering, including missed shifts, used sick time, and lost self-employment income, plus reduced earning ability if your injuries limit the work you can do going forward.
Pain and suffering
Compensation for physical pain, emotional distress, anxiety, loss of enjoyment of life, and the disruption the crash caused to your daily routine and relationships.
Property damage and loss of use
Repair or replacement of your vehicle, damaged personal property, rental car costs, and in some cases the diminished value of a repaired vehicle.
Punitive damages in limited cases
When a driver acted with malice, oppression, or fraud, such as some drunk-driving cases, California law allows damages meant to punish and deter, in addition to compensation for your losses.
The rules that apply
California law you should know
Two-year deadline to file an injury lawsuit
Most car accident injury lawsuits in California must be filed within two years of the crash. Missing the deadline can bar your claim entirely, so do not wait until the last minute.
Code of Civil Procedure § 335.1
Pure comparative fault
If you were partly at fault, you can still recover damages. Your recovery is reduced by your percentage of fault, rather than eliminated.
Li v. Yellow Cab Co. (1975) 13 Cal.3d 804
Six-month claim deadline against public entities
If a city, county, state agency, or public transit vehicle was involved, you generally must present a written government claim within six months before you can sue.
Government Code § 911.2
Uninsured and underinsured motorist coverage
California auto policies must offer uninsured motorist coverage, which can pay your damages when the at-fault driver has no insurance or too little insurance.
Insurance Code § 11580.2
General information, not legal advice. Deadlines and rules depend on the facts of your case, so talk to an attorney promptly.
Right now
Protect your claim
Evidence to gather
- Photos and video of all vehicles, the scene, skid marks, debris, and traffic signals
- The other driver's name, license, plate, and insurance information
- Names and phone numbers of witnesses
- The police report number and responding agency (LAPD, CHP, or sheriff)
- Dashcam footage from your vehicle or others
- All medical records, bills, and prescriptions from the first visit forward
- Pay stubs or records showing missed work
- A simple daily journal of pain, limitations, and missed activities
Mistakes insurers count on
- Giving a recorded statement to the other driver's insurer before speaking with a lawyer
- Waiting days or weeks to see a doctor, or skipping follow-up appointments
- Posting about the crash, your injuries, or your activities on social media
- Accepting a quick settlement before you know the full extent of your injuries
- Signing medical authorizations that give the insurer access to your entire medical history
Step by step
How we handle your case
- 1
Free case review
We listen to what happened, review any photos, reports, or insurance letters you have, and explain your options in plain English. There is no cost and no obligation.
- 2
Evidence preservation
We send preservation letters, request police reports, look for video from nearby businesses and traffic cameras, and contact witnesses before memories fade and footage is overwritten.
- 3
Insurance and coverage investigation
We identify every potential policy, including the at-fault driver's liability coverage, any employer or commercial coverage, and your own uninsured or underinsured motorist coverage.
- 4
Building the damages file
We track your treatment, gather records and bills, document lost income, and prepare a demand organized the way an insurer's claim reviewers evaluate injury files.
- 5
Negotiation or litigation
We negotiate with the carrier from a position of knowledge. If the offer does not fairly reflect your losses, we are prepared to file a lawsuit and take your case forward in court.
From the Case Vault
Related results
Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own facts.
Go deeper
Types of car accidents
Rear-End Collisions
Rear-end collisions are often presumed to be the trailing driver's fault, but insurers still dispute injury severity and causation. Under California law, the rear driver is typically negligent, yet you must still prove your damages. Seek prompt medical care, preserve dashcam and witness evidence, and consult a lawyer before accepting the insurer's first offer.
T-Bone Collisions
T-bone (side-impact) collisions often cause serious injuries at intersections. Liability usually turns on who had the right-of-way. Under California law, a driver who runs a red light or stop sign is typically at fault. Gather police reports, traffic-camera footage, and witness statements, and speak to a lawyer before accepting any settlement.
Hit & Run Accidents
If you are injured in a hit-and-run in California, you can still recover compensation through your own uninsured motorist (UM) coverage, even if the at-fault driver is never found. Report the crash to police within 24 hours and notify your insurer promptly. An attorney can identify every available coverage source.
DUI Accidents
If a drunk or impaired driver injured you in California, you can pursue compensation for medical bills, lost wages, and pain and suffering—and potentially punitive damages. A criminal DUI conviction is strong evidence in your civil claim. Preserve police records and contact a lawyer promptly.
Fatal Car Accidents
If a loved one was killed in a car accident in California, eligible family members may bring a wrongful death claim, and the estate may bring a separate survival claim. The deadline is generally two years from the date of death (CCP § 335.1). Avoid recorded statements to any insurer, and act early so key evidence is preserved.
Distracted Driving Accidents
A driver who causes a crash while texting or using a phone in violation of California law may be held responsible for the injuries. Violating a safety statute can support a presumption of negligence. Proving distraction usually depends on records such as phone data, app activity, vehicle logs, and video, which can be lost quickly.
Head-On Collisions
If you were hurt in a head-on collision in California, the driver who crossed into your lane may be legally responsible, because drivers generally must stay on the right half of the road. Fault still depends on the evidence, including vehicle data, skid marks, and video, so acting quickly to preserve it matters.
Parking Lot Accidents
Fault in a parking lot crash is often disputed because lots lack clear lane rules, and insurers may push a 50/50 split. Under California's pure comparative fault rule, your compensation is reduced by your share of blame. A property owner may also share responsibility for unsafe design or poor lighting, and lot camera footage is often erased quickly.
Rollover Accidents
After a rollover in California, responsibility may fall on more than the driver. A manufacturer, tire maker, repair shop, another driver, or a road owner may share fault depending on the facts. Keep the vehicle and its event data recorder out of salvage, because that evidence often decides whether a defect or another cause can be proven.
Straight answers
Frequently asked questions
In most cases you have two years from the date of the accident to file a personal injury lawsuit under Code of Civil Procedure § 335.1. Property damage claims generally have a longer period. If a government entity is involved, such as a city vehicle or a dangerous public road, you usually must file a government claim within six months. Because evidence disappears quickly and insurers use delays against you, it is wise to talk with a lawyer well before any deadline approaches.
Vehicle Accidents