After a collision, most of the decisions that shape a claim get made in the first few weeks — what gets documented, what gets said to an adjuster, and whether anyone has worked out which policies actually apply. Those decisions are usually made before anyone has thought about hiring a lawyer.
This page explains how California car accident claims work: the deadlines that may apply, the state’s minimum insurance limits and why they often fall short, who may be responsible, and what categories of compensation California recognizes. Our California personal injury attorneys handle these claims from our San Mateo office. For a free consultation, call 650-250-0705.
Robert B. Vaksman, Esq.
Founding Partner
“Some cases are easier than others, but this doesn’t matter at Vaksman Khalfin, because we have the resources to help our clients no matter what is at stake, especially if it’s hard."
Alan D. Khalfin, Esq.
Partner & Managing Attorney
"People call me when they need to plan, but also when something terrible has happened and they need help. It is personal to my clients, so it is personal to me. We have to help: no matter what."
Learn More From Knowledgeable Car Accident Attorneys
What Does a California Car Accident Attorney Do?
A California car accident attorney investigates how a collision happened, identifies every party who may be responsible and every insurance policy that may apply, documents the injuries and financial losses, and handles communications and negotiations with the insurers. Most California injury lawsuits must be filed within two years of the injury under Code of Civil Procedure section 335.1, and a much shorter timeline applies where a public entity may be involved.
Key Takeaways
- Most California personal injury lawsuits must be filed within two years of the injury.
- Since January 1, 2025, California’s minimum liability limits are $30,000 per person, $60,000 per accident, and $15,000 for property damage — raised from the limits that had stood since the 1960s.
- Those minimums are still modest against the cost of a serious injury, which is why uninsured and underinsured motorist coverage often matters more than the at-fault driver’s policy.
- California uses pure comparative fault, so being partly responsible reduces a recovery rather than barring it.
- Vaksman Khalfin, PC handles car accident cases on a contingency-fee basis, with a free consultation.
Deadlines That May Apply
| Situation | General rule | Source |
|---|---|---|
| Most injury claims against a private party | Two years from the date of injury | Code Civ. Proc., § 335.1 |
| Claims involving a public entity — a city, county, transit agency, or state agency | A written claim generally must be presented to the entity before any lawsuit, on a timeline much shorter than the general two-year period | California’s Government Claims Act |
| Uninsured or underinsured motorist claims | Governed by the terms of your own policy, which commonly impose their own notice and filing requirements | Your policy |
The third row catches people out. A UM or UIM claim runs against your own insurer under a contract, and policy deadlines can be considerably shorter than the statutory period for suing a driver. Where a government vehicle, a dangerous roadway condition, or a public transit agency may be involved, the claim-presentation window can close well before treatment has finished.
What You Can Expect
Free Consultation
At Vaksman Khalfin, PC we value transparency and offer a free initial consultation. We will assess the facts of your case, outline potential outcomes, and chart a probable course of action without any financial obligation on your part.
You Only Pay Us If We Reach a Settlement or Win a Verdict
Your satisfaction is our utmost priority. Our payment structure follows a, "No win, no fee," policy. Our policy guarantees our fees are contingent on a successful outcome for your case. If we do not obtain financial compensation on your behalf in the form of a judgment or settlement, then you are not financially obligated to pay for legal services.
EXCEPTIONAL ATTORNEYS AND CASE MANAGERS
A professional attorney with a case manager will be assigned to your case to ensure dedicated service and personalized attention. This loyal team is your consistent point of contact and they will handle all of your concerns personally. Whenever you have a question about your case you can reach out to Vaksman Khalfin, PC directly.
Medical Providers Will Not Receive Payment Until We Finalize Your Case
We believe in a complete and fair resolution of your case before medical providers get paid, so we have established relationships with many such providers. At Vaksman Khalfin, PC your medical needs are our top priority. We will always fight for your legal rights and strive to obtain the best medical and legal outcome possible.
How it works
We will fight for your rights.
Complimentary consultation
Learn about the most important aspects of your potential case at first free consultation. If you want to retain legal counsel at Vaksman Khalfin, PC, then we will sign an engagement agreement and get started on your car accident case immediately. Remember, we do not get paid unless we obtain a judgment or settlement on your behalf.
A Legal Team Working For You
Our legal team will work with you and your medical providers to ensure that you receive the best medical treatment possible. Afterward, we serve a pre-litigation demand letter and negotiate with the defendant. If the defendant does not offer a reasonable settlement amount, then we consider going to court.
We Will Protect Your Legal Rights
If pre-litigation efforts are unsuccessful it is possible that we will continue fighting for you in court. Civil litigation is complex and lengthy, but it is often the best way to assert your legal claims and seek financial compensation for your injuries.
California's Minimum Insurance Limits
California raised its minimum liability requirements effective January 1, 2025 — the first increase in decades. According to the California DMV, the minimum liability insurance requirements under Insurance Code § 11580.1b are:
| Coverage | Minimum required |
|---|---|
| Injury or death to one person | $30,000 |
| Injury or death to more than one person | $60,000 |
| Damage to property | $15,000 |
Drivers may instead satisfy the requirement with a $75,000 cash deposit with the DMV, a DMV-issued self-insurance certificate, or a $75,000 surety bond from a company licensed in California. Evidence of insurance must be provided when a vehicle is involved in a traffic collision, when law enforcement requests it, and at registration renewal.
Note that a great deal of published material still cites the old limits of $15,000, $30,000, and $5,000. If you are checking your own coverage against something you read, check the date.
Why Minimum Coverage Often Is Not Enough
Emergency transport, imaging, and a hospital stay can consume a minimum bodily injury limit before any surgery, follow-up care, or lost income enters the picture. When the at-fault driver carries only the minimum, that policy can be exhausted while real losses remain — and the driver’s personal assets are often not a practical source of recovery.
This is where your own coverage often becomes the more important question:
- Uninsured motorist coverage applies where the other driver has no insurance, including in some hit-and-run situations.
- Underinsured motorist coverage can apply where the at-fault driver has insurance but not enough to cover the harm.
- Medical payments coverage can help with treatment costs regardless of who was at fault.
Insurers must offer uninsured motorist coverage in California, and declining it requires a written rejection. Many people do not remember whether they carry it, which is one of the first things worth checking after a collision.
Who May Be Responsible
Responsibility depends on the evidence, and it is not always limited to the other driver. Depending on the facts, the parties who may have a role can include:
- Another driver
- An employer, where a driver was acting within the scope of employment
- A rideshare driver and, in some circumstances, the platform, in an Uber or Lyft accident
- A trucking company or its contractors in a commercial truck accident
- A vehicle or component manufacturer where a defective product may have failed
- A public entity responsible for a roadway or its maintenance
- A repair or maintenance business, where work performed may have contributed
Whether any of these parties is legally responsible is a question of evidence rather than assumption. Identifying them early affects which insurance may be available and which deadlines govern.
What a Claim Generally Requires
Most California car accident claims are negligence claims. In general terms, an injured person must be able to show that another party owed a duty to use reasonable care, failed to use it, that the failure was a substantial factor in causing the injury, and that the injury produced documented losses.
Causation is where insurers concentrate. Gaps between the collision and the first medical record, prior injuries to the same part of the body, and inconsistencies between what was reported at the scene and what was reported later are the arguments that come up most often. Contemporaneous records tend to answer them better than anything produced afterward.
How Shared Fault Works
California follows a pure comparative fault approach. Someone found partly responsible for a collision is not barred from recovering; the recovery is reduced by that share of responsibility. Because reducing a recovery this way is one of the most common defense strategies, how fault is investigated and documented can matter a great deal.
Damages California Recognizes
There is no preset value for a car accident claim, and no attorney can promise a figure. California recognizes economic and non-economic damages, and the categories that may be available include:
- Past and future medical expenses, including rehabilitation and ongoing care
- Lost income and reduced future earning capacity
- Property damage and related costs
- Pain, suffering, and loss of enjoyment of life
- Loss of consortium, in claims brought by a spouse
Serious collisions can produce catastrophic outcomes, including traumatic brain injuries. Where a crash is fatal, certain surviving family members may be able to bring a wrongful death claim, which follows its own rules about who may sue and what may be recovered.
Dealing With the Insurers
An adjuster will usually make contact quickly, often before the full extent of an injury is known. A few things are worth understanding about that conversation.
The adjuster for the other driver represents that driver’s insurer, not you. A recorded statement is not required by law, and what is said in one can be used to argue that an injury was minor or unrelated. An early settlement offer resolves the claim in full, including the future care and lost income that have not yet been quantified. And a request for blanket authorization to your complete medical history is broader than what a claim requires.
None of this means an insurer is acting improperly. It means the interests are not aligned, and it helps to know that going in.
Car Accidents in San Mateo and on the Peninsula
Our office at 15 North Ellsworth Avenue, Suite 105, San Mateo, CA 94401 serves people injured across the Peninsula. Collisions here happen on US-101 and I-280, on El Camino Real and the surface streets feeding it, and at intersections shared with cyclists and pedestrians — which is why a car accident claim frequently overlaps with a bicycle, pedestrian, or motorcycle claim.
Civil matters for this area are generally heard in the San Mateo County Superior Court. Where a city, the county, SamTrans, Caltrain, or a state agency may share responsibility for a roadway or a vehicle, the Government Claims Act timeline applies, which is one reason an early conversation can be useful even if no claim is ultimately filed.
More about the office is on our San Mateo page, and further explanations are collected in our California personal injury guides.
How Our California Car Accident Attorneys Can Help
Vaksman Khalfin, PC can investigate how the collision happened, identify every party who may be responsible and every policy that may apply — including your own UM and UIM coverage — work with treating providers to document the injury and its effects, calculate the long-term financial impact, and handle the insurers directly so you are not negotiating while recovering. If a fair resolution is not offered, we are prepared to litigate.
The firm’s personal injury practice is led by Alan D. Khalfin and Robert B. Vaksman. We handle car accident cases on a contingency-fee basis: there is no upfront cost, and attorney’s fees are owed only if we recover compensation for you. To talk with a California car accident attorney, call 650-250-0705 or schedule a free consultation.
This page provides general information about California law and is not legal advice; reading it does not create an attorney-client relationship. Every case is different, and prior results do not guarantee a similar outcome.
Reviewed by Alan D. Khalfin, Partner and Managing Attorney, Vaksman Khalfin, PC (admitted in California). Last reviewed: 08/13/2026
What Our Clients Say
"I retained Vaksman Khalfin after my car accident. Right away, I knew I was in good hands because communication was clear and fast! They went above and beyond by negotiating my bills, and I ultimately got more than I expected. Thank you!"
"After being in a major accident, I didn’t know what to do. I never had to hire a lawyer, and was nervous about the process. Fortunately, I found Vaksman Khalfin who helped coordinate my medical care and finalize a very fair settlement. Everyone at their law firm was kind, caring and patient with all of my questions."
California Car Accident Frequently Asked Questions Frequently Asked Questions
Most personal injury lawsuits must be filed within two years of the injury under Code of Civil Procedure section 335.1. If a public entity may share responsibility, a written claim generally must be presented to that entity first, on a much shorter timeline. Uninsured and underinsured motorist claims are governed by your own policy, which may impose shorter deadlines.
Per the California DMV, the minimum liability requirements under Insurance Code § 11580.1b are $30,000 for injury or death to one person, $60,000 for injury or death to more than one person, and $15,000 for property damage. These limits took effect January 1, 2025 and replaced substantially lower figures that had been in place for decades.
Uninsured motorist coverage may apply where the other driver has none, and underinsured motorist coverage may apply where they have insurance but not enough to cover the harm. Insurers must offer uninsured motorist coverage in California, and declining it requires a written rejection, so it is worth checking your own declarations page.
There is no preset amount, and no lawyer can promise a figure. Value depends on the evidence: the nature of the injury, the documented medical care, the effect on work and daily life, the degree of fault attributed to each party, and the insurance actually available. An attorney can review the circumstances and explain which categories of damages may apply.
You are not required by law to give one. The adjuster represents the other driver's insurer, and statements given early — before the extent of an injury is known — can later be used to argue that the injury was minor or unrelated. It is reasonable to speak with a lawyer before agreeing.
California uses pure comparative fault. Being partly responsible reduces a recovery by that share of fault rather than barring the claim entirely.
Delayed or worsening symptoms are common after a collision and do not automatically defeat a claim. A gap in the record can, however, invite an argument from the insurer that the injury is unrelated, which is why records created close in time to the collision tend to carry weight.
Not necessarily. Where injuries are minor, liability is undisputed, and the insurer is handling the claim reasonably, many people resolve matters themselves. It is worth a conversation where injuries required more than brief treatment, where fault is contested, where several vehicles or a commercial vehicle were involved, or where a public entity may have a role.
Vaksman Khalfin, PC handles car accident cases on a contingency-fee basis: there is no upfront cost, and attorney's fees are owed only if we recover compensation for you. Initial consultations are free.
