What to Do After a Car Accident in Los Angeles (Attorney Article)

Original source: J&Y Law — Los Angeles Car Accident Attorney

💡 Quick Answer

If you were injured in a Los Angeles car accident, California gives you 2 years to file under CCP § 335.1 and lets you recover compensation even if you were partly at fault.

Statute of limitations: 2 years from the accident date — missing this date permanently bars your claim
Pure Comparative Negligence: You can recover even if you were partially at fault — your compensation is reduced by your fault percentage, not eliminated
New minimums as of Jan. 1, 2025: $30,000 per person / $60,000 per accident under AB 1107
Call 911: An LAPD or CHP report is required for any injury claim
Do not give a recorded statement to any insurer before speaking with an attorney

California's Pure Comparative Negligence rule means fault is rarely all-or-nothing — your recovery is reduced by your fault percentage, not eliminated.

Contact a Los Angeles car accident attorney before your first insurer call.

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California MVA Claims Process — 6-step guide from documenting the scene to settlement, reviewed by Yosi Yahoudai, J.D., CA Bar #250679. — California MVA Claims Process · Reviewed by Yosi Yahoudai, J.D., CA Bar #250679 · CaseCompass.ai

Key Takeaways

1.Call 911 immediately and wait for LAPD or CHP to arrive. In California, any accident with injury must be reported to law enforcement — your police report number is required for every insurance claim and any future lawsuit.
2.Photograph everything before moving any vehicle: both cars, all damage, your injuries, the road conditions, traffic signals, skid marks, and the positions of all vehicles. Take a wide-angle photo of the entire scene from multiple angles.
3.Get the other driver's full name, license number, insurance company, policy number, vehicle make/model, and license plate. Photograph their insurance card directly rather than writing down the details.

1. Why Los Angeles Car Accident Claims Are Different

Los Angeles has the highest crash volume of any county in California — over 54,000 injury accidents per year. The high density of commercial vehicles, rideshare drivers, and delivery fleets on the 405, 10, and 101 means that many crashes involve multiple potentially liable parties. Identifying all available coverage before filing a single claim is critical. An attorney who only looks at the at-fault driver's policy may miss corporate vehicle policies, umbrella policies, or uninsured motorist claims that can significantly increase total recovery.

2. How California Pure Comparative Negligence Affects Your Case

California's Pure Comparative Negligence rule allows you to recover compensation even if you were partially at fault — but insurance companies exploit it aggressively. Adjusters are trained to find any evidence of the victim's fault and apply it to reduce the settlement. A recorded statement made before you understand your rights, a social media post, or even your own description of the accident to the ER nurse can be used to inflate your fault percentage. An attorney preserves your statement, controls the narrative, and challenges improper fault assignments.

3. What We See in Practice: Early Offers and MMI Timing

Insurers make first offers in Los Angeles car accident cases within days — often before the victim has reached Maximum Medical Improvement (MMI), before imaging has been reviewed, and before the full scope of injury is understood. Accepting a pre-MMI offer is one of the most expensive mistakes accident victims make. Future surgery, physical therapy, lost earning capacity, and permanent impairment are all excluded from early offers. We routinely see clients who accepted early offers for soft-tissue injuries that later required surgery — permanently waiving their right to those costs.

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Frequently Asked Questions

What should I do immediately after a car accident in Los Angeles?

Call 911 and wait for the police report. Photograph both vehicles, all damage, your injuries, and the scene. Collect the other driver's insurance information. See a doctor the same day. Do not give a recorded statement to any insurer before speaking with an attorney. California law does not require you to cooperate with the opposing insurer.

How long do I have to file a car accident claim in California?

California gives you 2 years from the accident date to file a personal injury lawsuit under CCP § 335.1. If a city or county vehicle was involved, you may have only 6 months to file a government tort claim. Missing these deadlines permanently bars your right to compensation — contact an attorney as soon as possible.

Can I still recover compensation if the accident was partly my fault?

Yes. California uses Pure Comparative Negligence — you can recover compensation even if you were 99% at fault. Your recovery is simply reduced by your percentage of fault. For example, if you are found 20% at fault in a $100,000 case, you recover $80,000. Insurance companies use this rule aggressively to minimize payouts by inflating the victim's fault share.

What are California's minimum car insurance requirements in 2025?

As of January 1, 2025, under AB 1107, California drivers must carry at least $30,000 per person and $60,000 per accident in bodily injury liability coverage, and $15,000 in property damage liability. These minimums doubled from the previous $15,000/$30,000 limits. If the at-fault driver only carries minimum coverage and your damages exceed those limits, your own underinsured motorist (UIM) coverage can cover the gap.

What if the other driver was uninsured in California?

If you carry Uninsured Motorist (UM) coverage, your own policy covers your injuries up to your UM limits — even when the at-fault driver has no insurance or flees the scene. California requires insurers to offer UM/UIM coverage. If you declined it in writing, your options are limited to pursuing the at-fault driver personally, which is rarely fruitful. An attorney can review your full policy coverage.

Sources and Citations

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