Car Accidents
Can I Sue After a Car Accident in California?
Most people who are hurt in a car accident have never had to think about whether they can sue anyone. The idea can feel intimidating, and it is not always clear whether a lawsuit is even necessary or whether the case will simply settle. Understanding when you actually have the legal right to sue, and when filing a lawsuit becomes necessary, can help you make better decisions about your claim from the start.
Yes, if another driver’s negligence caused your accident, you generally have the legal right to sue them for your injuries and losses. Most car accident claims settle with the insurance company before a lawsuit is filed, but a lawsuit becomes a real option, and sometimes a necessary one, when the insurer refuses to offer a fair settlement. California law gives you two years from the date of the accident to file suit in most cases.
What You Need to Sue After a Car Accident
To bring a successful personal injury lawsuit after a California car accident, you generally need to show that another party was negligent, meaning they failed to exercise reasonable care while driving, and that this negligence directly caused your injuries and resulting damages. This could involve speeding, distracted driving, running a red light, following too closely, or any number of other violations of the duty every driver owes to others on the road.
You do not need to have already filed a lawsuit to have a valid claim. In fact, most car accident cases resolve through an insurance settlement negotiated well before a lawsuit is ever filed. The right to sue exists as leverage and as a backup option when negotiation does not produce a fair result.
Do Most Car Accident Cases Actually Go to Court?
No. The large majority of car accident claims settle directly with the at-fault driver’s insurance company. Filing a lawsuit is typically reserved for cases where the insurer denies liability altogether, undervalues the claim significantly, or simply refuses to negotiate in good faith. Even after a lawsuit is filed, many cases still settle before trial, often once the insurance company sees that the injured party’s attorney is genuinely prepared to litigate the case to a verdict.
An attorney’s willingness to actually file suit and go to trial when necessary tends to change how seriously an insurance company negotiates. Adjusters know which firms settle for whatever is offered and which ones are prepared to litigate.
California’s Deadline to File a Car Accident Lawsuit
Under California Code of Civil Procedure Section 335.1, you generally have two years from the date of the accident to file a personal injury lawsuit. If your claim involves a government vehicle or a government entity, such as a city bus or a car owned by a public agency, a much shorter deadline applies, typically requiring a formal claim to be filed within six months under Government Code Section 911.2. Missing either deadline can permanently bar your ability to recover compensation through a lawsuit, regardless of how strong your case otherwise is.
Because these deadlines are strict and the underlying facts can be complicated by comparative fault or unclear liability, our article on how long a personal injury lawsuit takes in California walks through what to expect once a case is filed.
Not sure whether your case needs a lawsuit or can settle directly? A free case review can help you understand your options.
Get a Free Case ReviewWhat Happens If You Were Partly at Fault?
California follows a pure comparative negligence rule, meaning you can still recover compensation even if you were partially responsible for the accident. Your total recovery is simply reduced by your percentage of fault. For example, if you were found 20 percent at fault and your damages totaled $100,000, you could still recover approximately $80,000. This is different from states that bar recovery entirely once a claimant is found more than 50 percent at fault. Our article on how percentage of fault affects a California car accident settlement covers this in more depth.
What You Can Sue For
A car accident lawsuit can seek compensation for medical expenses, both already incurred and reasonably expected in the future, lost income and reduced earning capacity, pain and suffering, and property damage. In cases involving a death caused by the accident, surviving family members may be able to bring a wrongful death claim instead of, or alongside, a personal injury claim. The specific damages available depend heavily on the facts of your case and the extent of your injuries.
What If the Other Driver Has No Insurance?
You can still generally sue an uninsured driver directly, but collecting a judgment against someone without insurance or significant personal assets can be difficult in practice. Many California drivers carry uninsured or underinsured motorist coverage on their own policy specifically for this situation. Our guide on what happens if the at-fault driver has no insurance but you do explains how that coverage typically works.
Frequently Asked Questions
Do I have to sue to get a settlement?
No. Most car accident claims settle directly with the insurance company without a lawsuit ever being filed. A lawsuit becomes necessary mainly when negotiations break down or the insurer refuses to offer a fair value for the claim.
What if I already accepted a settlement offer from the insurance company?
Once a settlement is signed, it typically releases the insurer and the at-fault driver from further liability, which is why it is important to understand the full value of your claim before accepting any offer.
Can I sue if the accident happened a while ago?
It depends on how long ago the accident occurred. California generally gives you two years from the date of the accident to file suit, though shorter deadlines can apply in certain situations, such as claims against government entities.
Is it worth hiring an attorney if I plan to settle rather than sue?
Often yes. An attorney’s ability and willingness to file suit if necessary can influence how an insurance company negotiates, even in cases that ultimately settle without a lawsuit being filed.
Wondering If You Have Grounds to Sue?
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