Car Accidents

AUTO ACCIDENT INJURY CLAIMS

Residents of southern California are often required to drive long distances to work and back. For many driving is necessary to their work. Streets and freeways are heavily traveled during the day and during off hours. An unfortunate consequence is the number of car accidents which occur on a daily basis.

Under California personal injury law, a person who has been injured in an auto accident because of another’s negligence can file a claim for damages against the at-fault driver. In order to recover damages it is very important to work with a personal injury attorney who is highly experienced and has a long record of success.

Common Causes Of Car Accidents

When The Driver Is Not The Only Cause

Not all auto accidents are caused by a driver. Some vehicles are dangerous to drive because of a defective design or manufacturing defects. Defective automotive components may also be dangerous, such as accelerators which stick or tires which suddenly blow out.

Improperly constructed or dangerous roads can also cause accidents. Where a road, intersection or signal is the problem, the claim is usually against the public agency responsible for it, and California treats that as a dangerous condition of public property. Those claims run on a much shorter clock than ordinary injury claims, which is covered below.

Tens of thousands of injuries from automotive accidents occur every year in California. Many of those injured do not recover damages because they fail to act in time to get competent legal representation. Anyone who has been injured in an accident is strongly advised to take action quickly to select a respected car accident lawyer who is passionate about recovering full damages for an injured person.

What To Do After A Car Accident In California

At the scene, drivers involved in an accident are required to stop and exchange identifying and insurance information. Where there are injuries, call 911 so there is a police response and a report.

There is also a reporting requirement most drivers do not know about. California requires an SR-1 report to be filed with the DMV within 10 days of an accident involving injury, death, or property damage over a set threshold, and that obligation applies whether or not the police attended. Failing to file can affect your driving privileges, separately from anything to do with your injury claim.

Beyond that: get medical attention even if you feel fine, photograph the vehicles, the scene and your injuries, collect witness contact details, and write down what happened while you remember it clearly.

Insurance Coverage In California

California requires drivers to carry liability insurance. As of January 1, 2025 the minimum limits increased to $30,000 for injury to one person, $60,000 per accident, and $15,000 for property damage, up from $15,000, $30,000 and $5,000.

Even at the higher figures, minimum coverage is often far less than a serious injury actually costs. That is why uninsured and underinsured motorist coverage matters so much. It is coverage on your own policy that applies when the at-fault driver has no insurance or not enough of it, and many California drivers carry it without realising. Checking your own declarations page is worth doing before assuming there is nothing to pursue.

Fault And Shared Responsibility

California follows pure comparative fault. Being partly responsible for an accident does not bar a recovery, it reduces it by your share. Someone found 20 percent at fault would generally recover 80 percent of their damages. Because insurers have every reason to argue your share was larger, how fault gets apportioned is often the real fight in a case.

Deadlines

Under California Code of Civil Procedure section 335.1, a personal injury lawsuit generally must be filed within two years of the accident. A claim for vehicle damage alone generally has three years under section 338.

If a public entity is involved, such as a dangerous road, a city vehicle or a transit bus, a written claim generally must be presented within six months under the California Tort Claims Act, long before any lawsuit. That six-month window is the one that catches people out.

Serving Thousand Oaks, Westlake Village, Agoura Hills, And Ventura County

The legal team at the firm understands what a traumatic experience a car accident is and how stressful life can become during the healing process. The firm is here to help you with your claim so that you can begin to put your life back together. The auto accident attorneys at Alfonso & Berriz, APC are dedicated to ensuring the success of your claim for damages. Call our office for a consultation today!

Contact an attorney with the skill you need to file a comprehensive claim for damages and the drive to fight for your future.

Frequently Asked Questions

Do I have to report a car accident to the DMV?

California requires an SR-1 report within 10 days of an accident involving injury, death, or property damage above the set threshold. This is separate from any police report and applies even if officers never came to the scene.

What is the minimum car insurance in California?

Since January 1, 2025, $30,000 per person and $60,000 per accident for bodily injury, and $15,000 for property damage. The previous minimums were $15,000, $30,000 and $5,000.

What if the other driver has no insurance, or not enough?

Your own uninsured or underinsured motorist coverage may apply. Many California drivers carry it without realising. It is worth having your declarations page reviewed before concluding there is no recovery available.

What if I was partly at fault?

California uses pure comparative fault, so your recovery is reduced by your share of responsibility rather than eliminated.

Should I give the other driver’s insurance company a recorded statement?

You are not required to give a recorded statement to the other side’s insurer. Speaking with an attorney first is generally the safer course.

What if a bad road or a broken signal caused the crash?

That may be a claim against the public agency responsible for the road, but it carries a six-month written claim requirement rather than the ordinary two years. These need attention immediately.

I felt fine at the scene but I am in pain now. Is it too late?

No. Delayed symptoms are common, particularly with head, neck and back injuries. Get examined and document the connection to the accident as early as you can.

How long do I have to file a claim?

Generally two years for injury under Code of Civil Procedure section 335.1, three years for vehicle damage under section 338, and six months where a public entity is involved.