California Car Accident Attorneys

At DearLegal, we connect you with experienced California car accident attorneys who handle crashes across I-5, I-10, I-405, I-80, and the PCH — from Los Angeles and the Bay Area to San Diego and the Central Valley. California is a pure comparative-fault state with no general cap on personal-injury damages, but Prop 213 traps uninsured drivers and SB 1107 raised minimum-coverage requirements in 2025. We’ll match you with the right attorney at no cost to get started.

Two years from the date of the crash for personal injury under CCP § 335.1, and three years for property damage under CCP § 338. Claims against a city, county, or state agency require a separate government-claim filing within 6 months under Gov. Code § 911.2 — miss that deadline and the claim is barred.

California applies pure comparative fault under the Li v. Yellow Cab decision (1975). Even if you’re 90% at fault, you can still recover 10% of your damages. This is the most plaintiff-friendly fault rule in the country, in contrast to modified states like Colorado (50% bar) or Texas (51% bar).

Prop 213 (Civ. Code § 3333.4) bars uninsured drivers from recovering non-economic damages (pain and suffering, emotional distress, loss of enjoyment) — even when the other driver was 100% at fault. Economic damages (medical bills, lost wages) are still recoverable. The rule also applies to DUI drivers and certain felons. It’s one of the most significant traps in California personal-injury law.

No general cap on compensatory or non-economic damages in standard car-accident cases. The MICRA cap (Civ. Code § 3333.2) applies only to medical-malpractice claims, and AB 35 phased the cap upward starting 2023 — non-death cases up to $390,000 in 2024 (rising to $750,000 by 2033) and death cases up to $560,000 (rising to $1M by 2033). Punitive damages are available under Civ. Code § 3294 with no statutory cap.

California requires UM/UIM coverage to be offered, and rejection must be in writing under Ins. Code § 11580.2. UM coverage handles uninsured, underinsured, and hit-and-run crashes. With minimum-liability limits at 30/60/15 (post-SB 1107) and many drivers carrying only state minimums, UIM is critical for serious injuries.

California allows punitive damages under Civ. Code § 3294 for malicious, fraudulent, or oppressive conduct. DUI cases routinely qualify. California also has dram shop liability under Bus. & Prof. Code § 25602.1, though it’s narrower than most states — generally limited to service of obviously intoxicated minors.

Typically 33% to 40% on contingency. California’s plaintiff-friendly fault rule, high jury verdicts, and population density mean settlements often justify the fee. Case costs (filing fees, depositions, experts) are advanced by the firm and deducted from the final recovery.

Why Do You Need a Car Accident Attorney in California?

California consistently records the highest absolute number of traffic fatalities in the country — approximately 4,000 deaths per year — driven by population, highway miles, and dense urban traffic. California is a pure comparative-fault state (Li v. Yellow Cab, 1975), and there’s no general cap on personal-injury damages. SB 1107 raised minimum liability coverage to $30,000/$60,000/$15,000 starting January 1, 2025 — meaningfully more recovery available from at-fault drivers. But Prop 213 (Civ. Code § 3333.4) bars uninsured drivers from recovering non-economic damages, and California’s 2-year SOL (CCP § 335.1) runs fast. An experienced attorney protects your share of recovery and navigates the procedural maze.

When Do You Need a Car Accident Attorney in California?

Our network includes California car accident attorneys who handle every kind of case, including:

Types of Car Accident Cases in California

From the moment you connect with a California car accident attorney, they go to work protecting your claim. The most common case types we handle:

Letting Prop 213 (Civ. Code § 3333.4) wipe out your non-economic damages because you were uninsured at the time of the crash

Missing the 6-month government-claim deadline when a Caltrans, city, or county vehicle is involved

Giving a recorded statement to the at-fault driver’s insurer without legal counsel

Accepting a settlement based on the old 15/30/5 liability limits instead of the new SB 1107 30/60/15 floor

Skipping ER imaging or follow-up care — gaps in treatment hand the insurer a causation argument

Posting about the crash, injuries, or recovery on social media — California adjusters monitor public posts

Letting Prop 213 (Civ. Code § 3333.4) wipe out your non-economic damages because you were uninsured at the time of the crash

Missing the 6-month government-claim deadline when a Caltrans, city, or county vehicle is involved

Giving a recorded statement to the at-fault driver’s insurer without legal counsel

Accepting a settlement based on the old 15/30/5 liability limits instead of the new SB 1107 30/60/15 floor

Skipping ER imaging or follow-up care — gaps in treatment hand the insurer a causation argument

Posting about the crash, injuries, or recovery on social media — California adjusters monitor public posts

Common California Car Accident Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do California Car Accident Attorneys Cost?

33%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

Car accident attorneys in California work on a contingency fee basis — typically 33% to 40% of the total recovery. California’s plaintiff-friendly pure comparative-fault rule, lack of general damages caps, and the new SB 1107 minimum-coverage floor mean settlements can be substantial. Case costs are advanced by the firm and deducted from the final recovery.

What Can Your California Car Accident Compensation Include?

Economic Damages (No Cap)

Medical bills, lost wages, future care, and any quantifiable loss — uncapped in California personal-injury cases.

Non-Economic Damages (No General Cap)

Pain and suffering, emotional distress, loss of enjoyment — no general cap in California personal-injury cases. MICRA cap applies only to medical-malpractice claims.

Punitive Damages

Available under Civ. Code § 3294 for malicious, fraudulent, or oppressive conduct. No statutory cap; subject to constitutional due-process review.

Property Damage

Vehicle repair or replacement plus personal belongings damaged in the crash. Diminished-value claims available.

Wrongful Death

California wrongful death (CCP § 377.60 et seq.) compensates surviving spouse, children, and dependents for funeral expenses, lost support, and loss of consortium.

Dram Shop Damages

Limited recovery under Bus. & Prof. Code § 25602.1 against licensees who served alcohol to obviously intoxicated minors.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

California Car Accident Attorneys

Why Do You Need a Car Accident Attorney in California?

When Do You Need a Car Accident Attorney in California?

Types of Car Accident Cases in California

Common California Car Accident Mistakes

How Much Do California Car Accident Attorneys Cost?

What Can Your California Car Accident Compensation Include?

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