State law

California injury law: the rules that matter

Deadlines, fault, insurance and reporting rules for injury claims in California, each with its source.

Attorney review in progressLast updated

California in four figures

Deadline to sue for an injury
2 yearsCal. Code Civ. Proc. § 335.1
Claims against a government agency
6 monthsfor a written claim or notice to reach the agencyCal. Gov. Code §§ 911.2, 911.4, 945.6
If you were partly at fault
Reduced by your share, not barredLi v. Yellow Cab Co. (1975) 13 Cal.3d 804; CACI No. 405
Minimum liability insurance drivers must carry
$30,000 / $60,000 / $15,000One person, two or more people, property damage.Cal. Veh. Code § 16056(a)(2)

These are the general rules. The sections below cover what can change each one.

5 things to know

What stands out in California

The rules people most often get wrong, and the ones that changed recently.

  • Insurance minimums doubled in 2025

    Policies issued or renewed since January 1, 2025 must carry $30,000, $60,000 and $15,000. Many pages still quote the old $15,000, $30,000 and $5,000. The figures rise again, to $50,000, $100,000 and $25,000, for policies issued or renewed from January 1, 2035.

    Cal. Veh. Code § 16056(a)(2), (d)
  • Rideshare passengers lost most of their uninsured motorist protection in 2026

    Until January 1, 2026, Uber and Lyft had to carry $1,000,000 in uninsured and underinsured motorist coverage while a passenger was in the car. It is now $60,000 per person and $300,000 per incident. If an uninsured driver hits your rideshare, your own policy matters more than it used to.

    Cal. Pub. Util. Code § 5433(b)(2)
  • Six months, not two years, when a public entity is involved

    A crash with a city bus or a fall on public property requires a written claim to the public entity within six months. The usual rule that pauses the clock for children does not apply to these claims.

    Cal. Gov. Code § 911.2; Cal. Code Civ. Proc. § 352(b)
  • Uninsured drivers give up pain and suffering damages

    Under Proposition 213, a person who owned or drove an uninsured vehicle in the crash can recover medical bills and lost income from the driver at fault, but not damages for pain and suffering.

    Cal. Civ. Code § 3333.4
  • A 2022 change for families expired at the end of 2025

    For four years California let an estate recover for the pain and suffering of a person who died before the case ended. That applies only to actions filed before January 1, 2026. A bill to extend it did not pass.

    Cal. Code Civ. Proc. § 377.34(b)

7 rules

Deadlines

The lawsuit deadline is the one everyone has heard of. The others are the ones that get missed.

The clocks that can be running

More than one deadline can apply to the same event. The bars share one scale: the full width is 3 years.

  1. Notice to your own insurer

    Right away Policies require prompt notice of a crash.

  2. Claims against a government agency

    California
    6 months for a written claim or notice
  3. Deadline to sue for an injury

    California
    2 years
  4. Deadline for a claim under your own policy

    Its own deadline It runs on your policy’s terms and on rules of its own, and it is not always longer than the lawsuit deadline.

Every California deadline on one page

Deadline to sue for an injury
Generally two years for an injury caused by someone else’s wrongful act or carelessness.Cal. Code Civ. Proc. § 335.1
Deadline to sue after a death
Generally two years for a death caused by someone else’s wrongful act or carelessness, usually counted from the date of death.Cal. Code Civ. Proc. § 335.1; Norgart v. Upjohn Co. (1999) 21 Cal.4th 383, 404
Deadline for vehicle and property damage
Three years for damage to a vehicle or other personal property.Cal. Code Civ. Proc. § 338(c)(1)
Claims against a government agency
A written claim must be presented to the city, county, state agency or other public entity within six months. If the entity sends a proper written rejection, a lawsuit generally has to be filed within six months of that notice. A request to file late must be made within a reasonable time, not to exceed one year after the claim arose. The statute leaves a few narrow kinds of time out of that year.Cal. Gov. Code §§ 911.2, 911.4, 945.6
If the injured person is under 18
If the injured person was under 18 when the claim arose, the time before their 18th birthday generally does not count. That does not apply to claims against a public entity, where the six month claim rule still runs, and medical negligence claims by children have their own rule.Cal. Code Civ. Proc. § 352
Deadline for a claim under your own policy
For an uninsured motorist claim, one of three things must happen within two years of the crash: a lawsuit is filed against the uninsured driver, an agreement on the amount is reached with your insurer, or arbitration is formally started in writing by certified mail.Cal. Ins. Code § 11580.2(i)
Claims with different deadlines
Claims against a doctor, hospital or other health care provider must be filed within three years of the injury or one year after it was or should have been discovered, whichever comes first.Cal. Code Civ. Proc. § 340.5

2 rules

Fault

What happens to your claim when the other side says you were partly to blame.

Shared fault: an example

Two example shares of fault. In a real claim the share is decided from the evidence.

If you are found 20 percent at fault. Share of your damages you keep
StateShare of your damages you keep
California
80%
If you are found 60 percent at fault. Share of your damages you keep
StateShare of your damages you keep
California
40%

Try any share in the shared fault explainer

If you were partly at fault
California reduces your damages by your percentage of responsibility. There is no cutoff: you can recover something even if you were mostly at fault.Li v. Yellow Cab Co. (1975) 13 Cal.3d 804; CACI No. 405
If you had no insurance yourself
If you owned or drove a vehicle in the crash that was not insured as the law requires, you can still recover your medical bills and lost income from the driver at fault, but not damages for pain and suffering. There is an exception for an uninsured owner who was hit by a driver later convicted of driving under the influence.Cal. Civ. Code § 3333.4

4 rules

Insurance

What drivers must carry, and the coverage on your own policy that pays when theirs does not.

Minimum liability insurance drivers must carry
$30,000 for the injury or death of one person, $60,000 for two or more people, and $15,000 for property damage, for policies issued or renewed since January 1, 2025. The older figures of $15,000, $30,000 and $5,000 no longer apply.Cal. Veh. Code § 16056(a)(2)
Uninsured and underinsured motorist coverage
Every auto liability policy includes uninsured and underinsured motorist coverage unless the insurer and a named insured removed or reduced it in a signed written agreement.Cal. Ins. Code § 11580.2(a)
Coverage for your own medical bills
California does not require drivers to carry coverage for their own medical bills. Medical payments coverage is optional. Where a policy has it, it can pay for immediate medical care no matter who was at fault.California Department of Insurance, Automobile Insurance Information Guide
Hit and run and unidentified drivers
To use uninsured motorist coverage for a driver who was never identified, there must have been physical contact with that vehicle, the crash must be reported to the police within 24 hours, and a sworn statement must be filed with your insurer within 30 days after that.Cal. Ins. Code § 11580.2(b)

2 rules

After a crash

What the law requires of every driver at the scene and in the days after.

Duties at the scene
Stop at once, give your name, address and vehicle registration, show your license if asked, and give reasonable help to anyone injured, including arranging for medical care.Cal. Veh. Code §§ 20001 to 20003
Reporting the crash
Two separate reports. A driver in a crash that injures or kills someone must make sure a written report reaches the CHP or city police within 24 hours. And any crash with an injury, a death, or more than $1,000 in damage to one person’s property must be reported to the DMV within 10 days on form SR 1.Cal. Veh. Code §§ 16000, 20008

7 rules

Rideshare, trucks, motorcycles and pedestrians

Rules that apply to particular kinds of crashes.

Rideshare driver logged in, no ride accepted
At least $50,000 per person and $100,000 per incident for injuries, and $30,000 for property damage, plus $200,000 in excess coverage.Cal. Pub. Util. Code § 5433(c)
Rideshare driver heading to a rider or on a trip
From the moment the driver accepts a ride until it ends: $1,000,000 in liability coverage. While a passenger is in the vehicle, uninsured and underinsured motorist coverage of $60,000 per person and $300,000 per incident applies. That figure was $1,000,000 until January 1, 2026.Cal. Pub. Util. Code § 5433(b)
Commercial trucks
A for hire trucking company hauling general freight across state lines must carry at least $750,000 in liability coverage under federal rules, and California requires the same $750,000 for most carriers that stay inside the state. Federal rules also limit a driver to 11 hours of driving inside a 14 hour window after 10 hours off duty.49 C.F.R. §§ 387.9, 395.3; Cal. Veh. Code § 34631.5
Motorcycle helmets
Required for every driver and passenger.Cal. Veh. Code § 27803
Riding between lanes
California law defines lane splitting, riding a motorcycle between rows of stopped or moving vehicles in the same lane, and does not prohibit it.Cal. Veh. Code § 21658.1
Pedestrians in a crosswalk
A driver must yield to a pedestrian crossing in a marked crosswalk or in an unmarked crosswalk at an intersection.Cal. Veh. Code § 21950
Crossing outside a crosswalk
Since 2023 police may stop a pedestrian for crossing outside a crosswalk only when there is an immediate danger of a collision. The crossing rules themselves remain, and pedestrians still have to use due care for their own safety.Cal. Veh. Code §§ 21954, 21955

3 rules

Unsafe property, dogs and alcohol

When a property owner, a dog owner or a bar can be responsible.

Injuries on someone else’s property
Anyone who owns, leases or controls property must use reasonable care to keep it reasonably safe. California does not sort visitors into categories; the question is whether the owner acted reasonably given the likelihood of someone getting hurt.Cal. Civ. Code § 1714(a); Rowland v. Christian (1968) 69 Cal.2d 108; CACI No. 1001
Dog bites
The owner is liable for a bite to someone in a public place or lawfully in a private place, whether or not the dog had ever bitten before.Cal. Civ. Code § 3342
Bars and others who serve alcohol
California generally does not hold a bar, store or host responsible for what an intoxicated customer does. The exceptions are selling or giving alcohol to an obviously intoxicated minor, and an adult who knowingly provides alcohol at their home to someone under 21.Cal. Bus. & Prof. Code §§ 25602, 25602.1; Cal. Civ. Code § 1714(d)

2 rules

When someone has died

Who is allowed to bring the claim, and the separate claim that belongs to the estate.

Who can bring a wrongful death claim
The surviving spouse or domestic partner, the children, and the children of any child who has died. If the person left no children or grandchildren, those who would inherit under intestate succession. Stepchildren, parents and a putative spouse can also bring a claim if they depended on the person who died.Cal. Code Civ. Proc. § 377.60
Claim on behalf of the person who died
The estate can also bring the claim the person had before they died. In a survival action filed on or after January 1, 2026, that claim does not include the person’s own pain and suffering.Cal. Code Civ. Proc. §§ 377.30, 377.34

Guides

Each guide compares California with the other two states.

Tools

Every California deadline on one page, and tools that apply these rules to a situation you describe.

Sources

Primary sources for the rules on this page. Checked on the dates shown.

  1. Cal. Code Civ. Proc. § 335.1 (checked October 3, 2026)
  2. Cal. Code Civ. Proc. § 335.1; Norgart v. Upjohn Co. (1999) 21 Cal.4th 383, 404 (checked October 3, 2026)
  3. Cal. Code Civ. Proc. § 338(c)(1) (checked October 3, 2026)
  4. Cal. Gov. Code §§ 911.2, 911.4, 945.6 (checked October 3, 2026)
  5. Cal. Code Civ. Proc. § 352 (checked October 3, 2026)
  6. Cal. Ins. Code § 11580.2(i) (checked October 3, 2026)
  7. Cal. Code Civ. Proc. § 340.5 (checked October 3, 2026)
  8. Li v. Yellow Cab Co. (1975) 13 Cal.3d 804; CACI No. 405 (checked October 3, 2026)
  9. Cal. Civ. Code § 3333.4 (checked October 3, 2026)
  10. Cal. Veh. Code § 16056(a)(2) (checked October 3, 2026)
  11. Cal. Ins. Code § 11580.2(a) (checked October 3, 2026)
  12. California Department of Insurance, Automobile Insurance Information Guide (checked October 3, 2026)
  13. Cal. Ins. Code § 11580.2(b) (checked October 3, 2026)
  14. Cal. Veh. Code §§ 20001 to 20003 (checked October 3, 2026)
  15. Cal. Veh. Code §§ 16000, 20008 (checked October 3, 2026)
  16. Cal. Pub. Util. Code § 5433(c) (checked October 3, 2026)
  17. Cal. Pub. Util. Code § 5433(b) (checked October 3, 2026)
  18. 49 C.F.R. §§ 387.9, 395.3; Cal. Veh. Code § 34631.5 (checked October 3, 2026)
  19. Cal. Veh. Code § 27803 (checked October 3, 2026)
  20. Cal. Veh. Code § 21658.1 (checked October 3, 2026)
  21. Cal. Veh. Code § 21950 (checked October 3, 2026)
  22. Cal. Veh. Code §§ 21954, 21955 (checked October 3, 2026)
  23. Cal. Civ. Code § 1714(a); Rowland v. Christian (1968) 69 Cal.2d 108; CACI No. 1001 (checked October 3, 2026)
  24. Cal. Civ. Code § 3342 (checked October 3, 2026)
  25. Cal. Bus. & Prof. Code §§ 25602, 25602.1; Cal. Civ. Code § 1714(d) (checked October 3, 2026)
  26. Cal. Code Civ. Proc. § 377.60 (checked October 3, 2026)
  27. Cal. Code Civ. Proc. §§ 377.30, 377.34 (checked October 3, 2026)

This site gives general legal information. It is not legal advice, and reading it does not create an attorney client relationship. Deadlines depend on the facts. Some are much shorter than the general rule. Do not rely on this page to decide how long you can wait.

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