bad driver accident Law in California

Statute of Limitations in California

California's statute of limitations for personal injury claims is two years from the date of injury under Code of Civil Procedure § 335.1 — one of the most important deadlines in any accident case.

The two-year clock generally begins running on the date of the accident. However, several tolling rules can extend or shorten this period. Claims against government entities — including accidents involving Caltrans vehicles, city buses, or county employees — require a separate government tort claim filed within six months of the incident under the Government Claims Act (Gov. Code § 911.2). Missing this shorter deadline bars suit against the government entity regardless of the two-year general limitations period.

The discovery rule may toll (pause) the limitations period when the injured person did not and reasonably could not have discovered the injury at the time of the accident. This most commonly applies to latent injuries such as traumatic brain injury symptoms or internal injuries that manifest weeks after impact. The limitations period runs from the date the injury was or reasonably should have been discovered.

For injured minors, the two-year period does not begin until the minor turns 18, giving them until age 20 to file. For claims against government entities, minors have until age 18 plus six months to present a claim.

Comparative Fault in California

California follows pure comparative fault, codified in Civil Code § 1714 and refined through the landmark case Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. Under this system, fault is apportioned among all parties — including the plaintiff — and each party is liable only for their proportionate share of damages.

Unlike modified comparative fault states that bar recovery when the plaintiff exceeds 50% or 51% fault, California imposes no such threshold. A plaintiff who is found 90% at fault may still recover 10% of their damages. This makes California's system among the most plaintiff-accessible in the country.

In multi-vehicle accidents, fault may be allocated among multiple defendants. Each defendant is generally liable for their proportionate share of non-economic damages (pain and suffering), but may be jointly and severally liable for economic damages (medical bills, lost wages) under Civil Code § 1431.2.

Insurance adjusters routinely assign comparative fault percentages during claims handling. These allocations are negotiable and do not bind a court. The ultimate determination of fault percentages in litigated cases is a jury question.

California Insurance Requirements

California Vehicle Code § 16020 requires every driver to maintain proof of financial responsibility. The minimum liability coverage amounts under Vehicle Code § 16056 are currently $15,000 per person / $30,000 per occurrence / $5,000 property damage. Under Senate Bill 1107 (signed 2024), these minimums rise to $30,000 / $60,000 / $15,000 effective January 1, 2025.

Uninsured motorist (UM) and underinsured motorist (UIM) coverage is required to be offered by all California insurers under Insurance Code § 11580.2. Policyholders may reject this coverage in writing. Approximately 16.5% of California drivers are uninsured (Insurance Research Council, 2022), making UM/UIM coverage practically important.

California is a tort state — not a no-fault state. Injured parties pursue claims against the at-fault driver's liability insurer rather than their own PIP insurer. There is no requirement to exhaust first-party coverage before pursuing third-party claims.

Damages and Caps in California

California does not cap compensatory damages in standard personal injury cases. Injured plaintiffs may recover the full measure of economic damages (past and future medical expenses, lost wages, diminished earning capacity, property damage) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium).

California's Medical Injury Compensation Reform Act (MICRA) caps non-economic damages at $350,000 in medical malpractice cases only — this cap does not apply to automobile accident claims. Under AB 35 (2022), the MICRA cap increases to $350,000 effective January 1, 2023 and rises annually to $750,000 by 2033 for malpractice claims; standard PI cases remain uncapped.

Punitive damages are available under Civil Code § 3294 in cases involving malice, oppression, or fraud — including drunk driving cases where the defendant acted with conscious disregard for others' safety. Standard automobile liability policies typically exclude punitive damages, meaning any punitive award must be collected directly from the defendant.

California Court System

California Superior Courts have general jurisdiction over personal injury cases. Cases are filed in the Superior Court of the county where the accident occurred, where the defendant resides, or where the plaintiff resides. California has 58 counties, each with its own Superior Court.

Small claims jurisdiction in California covers claims up to $12,500 for individuals and $6,250 for businesses (Code of Civil Procedure § 116.220). Small claims is appropriate for minor property damage disputes only — serious injury claims with significant damages belong in Superior Court's civil division.

California's unlimited civil jurisdiction covers claims over $35,000. Claims between $12,500 and $35,000 may be filed in limited civil jurisdiction. Most significant personal injury cases — where medical bills alone often exceed $35,000 — are filed in unlimited civil.

The statute of limitations clock is stopped (tolled) from the date the complaint is filed. Service of process on the defendant must be completed within three years of filing under Code of Civil Procedure § 583.210.