Personal injury
Help after a vehicle collision or other injury in Los Angeles, Orange, San Bernardino and Riverside counties.
Overview
A personal injury claim asks the person or company that caused your injury to pay for the harm. In California, most of these cases come from car, truck, motorcycle, and rideshare crashes, including crashes that injure pedestrians and bicyclists. Other common cases involve unsafe property, such as a slip and fall, and dog bites.
California uses ‘pure comparative fault.’ This means you can still recover money even if you were partly at fault. Your award is reduced by your share of the blame. Most claims are paid by an insurance company, so the type and amount of insurance involved often shapes what a claim can recover.
Deadlines are strict. You generally have two years to sue for an injury, and only six months to file a written claim if a city, county, state agency, or other public entity was involved. Acting early also helps preserve evidence, such as video, photos, and witness names.
What the law requires
- Lawsuit deadline: generally two years from the injury to sue for personal injury (Code of Civil Procedure 335.1), and three years for damage to your car or other property (CCP 338). Different rules can apply to minors and to claims against public entities.
- Public entity claims: if a government vehicle, employee, or dangerous public road is involved, you must usually file a written Government Claims Act claim within six months of the injury (Government Code 911.2) before you can sue.
- Fault: under Li v. Yellow Cab Co. (1975), each person’s recovery is reduced by their own percentage of fault, but a partly-at-fault person can still recover.
- Report to the DMV: every driver in a crash must file an SR-1 report with the DMV within 10 days if anyone was hurt (even slightly) or killed, or if property damage is over $1,000. This is required no matter who was at fault, and a police report does not replace it.
- Insurance minimums: for policies issued or renewed on or after January 1, 2025, California requires at least $30,000 per person and $60,000 per accident for injury or death, plus $15,000 for property damage (Vehicle Code 16056). These rise to $50,000 / $100,000 / $25,000 on January 1, 2035.
- Uninsured drivers (Proposition 213, Civil Code 3333.4): an uninsured owner, an uninsured driver, or a driver convicted of DUI for that crash generally cannot recover pain-and-suffering damages, only economic losses such as medical bills and lost wages. An uninsured owner hit by a driver who is convicted of DUI may still recover them.
- Property owners and dog owners: people who own or control property must use reasonable care to keep it safe for others (Civil Code 1714). A dog owner is strictly liable when the dog bites someone in a public place or someone lawfully on private property, even if the dog never bit anyone before (Civil Code 3342).
- Fee agreements: a contingency fee agreement with a lawyer must be in writing, signed by both lawyer and client, state the fee rate and how costs are handled, and say the fee is negotiable (Business and Professions Code 6147).
How we help
Injury claims
- Vehicle, pedestrian and bicycle collisions
- Premises and other injury claims
- Claims against insurers
How the team helps
- Gathering medical records and bills
- Handling liens and insurer correspondence
- Negotiation and, where needed, litigation
Your first steps
- Get medical care and keep records
- Photograph the scene and injuries
- Do not give recorded statements before talking to us
More ways we help
- Filing time-sensitive notices, including SR-1 reports and Government Claims Act claims against public entities
- Identifying every insurance policy that may apply, including UM/UIM, medical payments, rideshare, and employer coverage
- Reviewing and negotiating hospital, Medi-Cal, Medicare, and health plan liens
- Explaining the process and documents in English, Mandarin, and Shanghainese
Contingency fee terms, if offered, are set out in a written agreement. No particular result is promised.
How the process works
Get safe and get medical care
Call 911 if anyone is hurt, move out of traffic if safe, and see a doctor right away, even if pain seems minor. Medical records made soon after the crash are key evidence.
Timing: Same day
Collect information and make reports
Exchange license, registration, and insurance information, and take photos of cars, injuries, the scene, and witnesses’ contact details. Report to police within 24 hours if anyone was hurt, file the SR-1 with the DMV, and notify your own insurer.
Form: DMV SR-1Timing: Police within 24 hours if injury; SR-1 within 10 days
Investigation
Your side gathers the police report, photos, video, witness statements, and insurance policy information. In some cases this includes vehicle data or an accident reconstruction.
Timing: Weeks to a few months
Finish treatment and send a demand
Once treatment is complete or the future course of care is clear, a demand package with bills, records, and lost-income proof is sent to the insurance company. Liens from hospitals, Medi-Cal, Medicare, or health plans are identified at this stage.
Timing: Often several months after the crash
Negotiate
The insurer may accept, reject, or make a counteroffer. Many claims settle here, and any liens must be resolved before money is paid out.
Timing: Weeks to months
File a lawsuit if needed
If the claim does not settle, a complaint is filed in court before the deadline. Both sides then exchange information through discovery, such as written questions and depositions.
Form: Judicial Council form PLD-PI-001 (optional complaint form)Timing: Must be filed before the 2-year deadline
Mediation, arbitration, or trial
Many cases settle at mediation with a neutral third person. Uninsured/underinsured motorist claims against your own insurer usually go to arbitration, and remaining cases go to trial.
Timing: Often 1 to 2 years after filing
Documents to gather
- Police or CHP traffic collision report number and copy
- Copy of your DMV SR-1 report
- Photos and video of the scene, vehicles, and injuries
- Names and contact information of drivers and witnesses
- All insurance policies that may apply: yours (including UM/UIM and medical payments), the other driver’s, and any rideshare or employer policy
- Medical records and itemized bills, including ambulance, ER, doctors, therapy, and prescriptions
- Health insurance, Medi-Cal, or Medicare cards and any lien letters
- Proof of lost income, such as pay stubs, tax returns, or an employer letter
- Repair estimates, rental car receipts, and vehicle title or value records
- A simple daily journal of pain, limits, and missed activities
Common problems to avoid
- Waiting too long to see a doctor, which lets the insurer argue the injury was minor or came from something else.
- Missing the six-month deadline for a claim against a city, county, or state agency, which can bar the case entirely.
- Giving a recorded statement to the other driver’s insurance company before understanding your rights.
- Posting about the crash or your activities on social media, which insurers may use against you.
- Settling before you know the full extent of your injuries; a signed release usually ends the claim for good.
- Ignoring medical liens, which must be paid or negotiated out of the settlement.
What has changed lately
California’s minimum auto liability limits rose to $30,000 per person, $60,000 per accident, and $15,000 property damage for policies issued or renewed on or after January 1, 2025 (SB 1107). Minimum uninsured motorist limits rose to match. Another increase to $50,000 / $100,000 / $25,000 is set for January 1, 2035.
SB 371 (Stats. 2025, ch. 314), effective January 1, 2026, cut the uninsured/underinsured motorist coverage Uber and Lyft must carry during a ride from $1 million to $60,000 per person and $300,000 per incident. The $1 million liability coverage when the rideshare driver is at fault did not change.
The temporary rule that allowed pain-and-suffering damages in ‘survival’ claims brought by a deceased person’s estate (SB 447) expired. Under Code of Civil Procedure 377.34, those damages are now limited to cases filed before January 1, 2026 (or with an earlier trial preference).
Rules, fees and processing times change often. Ask us to confirm what applies to your case today.
Frequently asked questions
How long do I have to file a claim after a car accident in California?
For injuries, you generally have two years from the crash to file a lawsuit. For damage to your car, it is generally three years. If a government vehicle or public road is involved, you usually must file a written claim with that agency within six months. Insurance claims should be reported much sooner, usually right away.
Can I still recover money if the crash was partly my fault?
Yes. California uses pure comparative fault. Your recovery is reduced by your share of the fault. For example, if your damages are $100,000 and you were 20% at fault, you may recover up to $80,000.
What if the other driver has no insurance or not enough insurance?
Your own uninsured/underinsured motorist (UM/UIM) coverage may pay. Insurers must offer UM coverage, and it stays on your policy unless you signed a written waiver. For a hit-and-run, UM generally requires physical contact between the cars, a police report within 24 hours, and a sworn statement to your insurer within 30 days. UM claims must generally be settled, sued on, or sent to arbitration within two years.
I didn’t have insurance when I was hit. Can I still make a claim?
Yes, but under Proposition 213 an uninsured driver or owner generally cannot recover pain-and-suffering damages. You may still recover economic losses, such as medical bills, lost wages, and car repairs. Passengers and pedestrians who are not the uninsured owner or driver are not affected by this rule.
What damages can I recover?
Economic damages cover losses with a dollar value, such as medical bills, future care, lost income, lost earning ability, and property damage. Non-economic damages cover pain, suffering, emotional distress, and loss of enjoyment of life. Under Howell v. Hamilton Meats, past medical expenses are generally limited to the amount actually paid or owed, not the full billed amount.
Who pays if I’m hurt in an Uber or Lyft?
It depends on what the driver was doing. With the app off, only the driver’s own insurance applies. With the app on and waiting for a ride, the company must provide at least $50,000 per person, $100,000 per incident, and $30,000 property damage if the driver’s policy does not cover it. During a trip, the company carries $1 million in liability coverage, and since January 1, 2026, $60,000 per person / $300,000 per incident in UM/UIM coverage.
Why is the hospital or Medi-Cal asking for part of my settlement?
California’s Hospital Lien Act lets a hospital that treated emergency injuries claim a lien, generally limited to 50% of the recovery after prior liens. Medi-Cal and Medicare also have legal rights to be repaid from settlements; Medi-Cal members must report a claim or lawsuit to DHCS in writing within 30 days of filing it. These liens can often be negotiated but should not be ignored.
- California DMV – Report of Traffic Accident Occurring in California (SR-1)
- California DMV Driver Handbook – Financial Responsibility, Insurance Requirements, and Collisions
- California Department of Insurance – New Year Means New Changes for Insurance (2025 minimum limits)
- California Department of Insurance – Automobile Insurance guide (medical payments, UM coverage)
- SB 371 (2025, ch. 314) – Transportation network companies: insurance coverage (bill page)
- DHCS – The Personal Injury Lien Process (Medi-Cal)
- Proposition 213 (1996) text – Civil Code 3333.4
- Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804
- Rowland v. Christian (1968) 69 Cal.2d 108 – property owner duty of care
- Vehicle Code 16056; Insurance Code 11580.2; Civil Code 3342 and 3045.4; Government Code 911.2; B&P Code 6147 (California Codes)
- Government Code 911.2 – six-month claim deadline
Information current as of September 2026. General information only, not legal advice.
Protect your rights, we’ll lead the fight.
General information only, not legal advice. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome, and no particular result is promised. Responsible attorney: JJ Zhang, Esq., Tez Law P.C., 4141 S. Nogales St., Suite C102, West Covina, CA 91792.