Can I sue for a car accident in California?

Which law covers a car accident claim in California?

governing statute

Cal. Code Civ. Proc. § 335.1

source ↗Not yet checked against the statute.

Is California a no-fault state?

who pays first

California is an at-fault state, so there is no injury threshold to clear before you can sue: the claim is against the driver who caused the crash and their liability insurer, and the medical bills, the lost earnings and the pain and suffering all come from there. Liability cover is compulsory for every driver here. (Cal. Veh. Code § 16056)

source ↗Not yet checked against the statute.

Across the country. 38 of the 51 states written up answer this the same way as California. Compare every state →

What happens if you were partly at fault for the crash in California?

your share of the fault

Your share of the blame costs you that share and never the claim itself. Forty percent at fault means you collect sixty percent of the damages, and a driver mostly to blame still recovers what is left. (Cal. Civ. Code § 1714(a))

source ↗Not yet checked against the statute.

Across the country. 11 of the 51 states written up answer this the same way as California. Compare every state →

How long do you have to sue after a car accident in California?

limit

2 years

source ↗Not yet checked against the statute.

Across the country. 25 of the 51 states written up answer this the same way as California. The shortest is 1 year, as in Tennessee; the longest is 6 years, as in Maine. Compare every state →

How much can you sue for in California small claims court?

small claims limit

$12,500

source ↗Not yet checked against the statute.

exceptions: $6,250 if you are suing as a business rather than as a person.

source ↗Not yet checked against the statute.