The Crash Took Seconds. California's Claim Deadlines Are Already Running.
The tow truck has pulled away from the shoulder of the 405. Your neck is stiff, your car is at a body shop in Van Nuys, and there is a voicemail from an insurance adjuster you have never met. Most people at that moment think about the car, the pain, and getting to work tomorrow. Almost nobody thinks about the calendar.
They should. From the moment of impact, California law starts several clocks at once. Each one can quietly close a door on your claim, and the other driver’s insurance company knows every one of them better than you do.
Four clocks that start at impact
Ten days: the DMV report. If anyone was hurt or property damage tops $1,000, California requires you to report the crash to the DMV within 10 days on a form called the SR-1. A police report does not replace it. You want both, because together they are the backbone of proving what happened.
Six months: crashes involving the government. If a Metro bus, a city vehicle, a Caltrans truck, or a dangerously maintained road played any part, a much shorter rule applies. The Government Claims Act requires you to file a formal claim with the public agency within six months. People often wait, heal, and call a lawyer at month eight, only to learn that claim is already gone.
Two years: injury lawsuits. For most personal injury claims, California gives you two years from the crash to file a lawsuit. That sounds generous until you factor in months of treatment, an insurer that drags out negotiations, and the time it takes to build a case.
Three years: vehicle damage. Claims for damage to your car carry a three-year deadline. It is the longest clock, which is exactly why people forget it runs separately from the injury claim.
The deadline that is not written in any statute
Evidence has its own clock, and it is the fastest one. Business security cameras along Ventura Boulevard or Sepulveda often record over footage within days. Witnesses move and forget. In truck crashes, the trucking company often begins its own investigation almost immediately, and the records it controls can be overwritten unless someone asks for them to be preserved.
Photos, names, and footage gathered in the first week can matter more than anything you collect in the next year.
Why the adjuster’s early call matters
California uses a rule called pure comparative negligence. In plain terms, your recovery is reduced by your share of the blame, but partial fault does not wipe out your claim. If your damages are $100,000 and you are found 20 percent at fault, you would generally recover $80,000.
That is why the friendly early call from the other driver’s insurer deserves caution. Every percentage point of fault moves real money. A recorded statement given while you are still in pain, or a polite “I’m sorry” at the scene, can become the insurer’s evidence that you share the blame. An adjuster’s fault percentage is a negotiating position, not a ruling.
Coverage limits are smaller than most injuries
For California policies issued or renewed on or after January 1, 2025, the minimum liability coverage is $30,000 for one person’s injuries, $60,000 per accident, and $15,000 for property damage. One night in the hospital and a few weeks of lost wages can outrun those numbers fast.
When the at-fault driver carries only the minimum, other sources may still apply. Those can include your own underinsured motorist coverage, the driver’s employer, a commercial or rideshare policy, or a vehicle manufacturer. One more rule surprises people: under Proposition 213, a driver who was uninsured at the time of a crash generally cannot recover pain-and-suffering damages, even if the other driver was entirely at fault. Medical bills and lost wages are still recoverable, and an exception applies when the at-fault driver is convicted of DUI in connection with the crash.
Getting a clear answer on your deadlines
The simplest protection is to have a lawyer confirm which clocks apply to your crash before the shortest one expires. Many California personal injury firms offer that review free. Haffner Law, a Los Angeles firm with its principal office in Sherman Oaks, handles car, truck, motorcycle, and rideshare crash cases on contingency. That means the firm advances case costs and collects a fee only if it recovers money for the client.
Whatever you decide, do not sign a release or accept a settlement before you know the full cost of your injuries. Future treatment is hard to see from a hospital bed, and that is exactly when the first offer usually arrives.
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