Accidents occur when least anticipated, frequently subjecting victims to severe physical, psychological, and economic consequences. It could be a car accident, work injury, slip-and-fall, or other incident; the impact is sometimes irreparable. The law in California entitles victims to compensation when they suffer injuries due to the carelessness or unlawful actions of another person. However, it can be a complicated process to go through the law, and knowing your rights is essential to getting the maximum compensation that you deserve.
Making a claim for an accident requires strong evidence, proof of liability, and negotiation with insurance companies—frequently while recovering from injuries. Without legal advice, most victims get shortchanged or fail to establish fault. This guide explains how accident claims work in California, the amount of compensation you are likely to receive, and how an attorney can help your case.
What Is an Accident Claim?
An accident claim is a legal demand for reimbursement following an injury or property damage resulting from the negligence or misbehavior of another party. These claims are aimed at bringing victims back to their pre-injury financial and physical state through reimbursement of medical costs, lost earnings, and other losses.
Types of Accident Claims in California
There are various types of accident claims, each governed by specific legal standards and procedures. Some of the most common include:
- Car Accidents: California is a fault-based state, so the driver at fault pays for damages. The most common types of car accidents include distracted driving, speeding, reckless driving, or DUI accidents.
- Animal Attacks/Dog Bites: In California if you were injured by an animal owned by another individual, the owner of the animal is liable for your injuries and compensating you for your damages. These cases are considered strict liability, and difficult for the owner of the animal to defend. The most common type of animal attack that we handle are dog bites.
- Workplace Accidents: Workers who are hurt on the job can receive workers’ compensation benefits. But if the injury was caused by the negligence of a third party, further claims can be made.
- Slip-and-Fall Accidents: Property owners are responsible for having safe properties. When hazards such as wet floors, defective stairs, or inadequate lighting result in injury, victims can pursue compensation with a premises liability action.
- Medical Malpractice: When doctors or healthcare providers perform below professional levels, causing damage or death, victims can lodge claims for medical malpractice.
- Product Liability: Faulty or harmful products that result in injury can lead to a cause of action against producers, sellers, or distributors.
- Wrongful Death: In the case of an accident leading to death, the surviving relatives can bring a wrongful death action to claim justice and compensation.
Each type of claim has specific legal considerations and deadlines, making it essential to consult an attorney as soon as possible.
How to File an Accident Claim in California
Filing an accident claim in California can be a complex process, but taking the right steps early on can significantly impact the success of your case. Whether you’ve been injured in a car accident, workplace incident, or slip-and-fall, it’s essential to gather evidence, report the accident, and understand your legal rights.
California law enables victims to recover for medical bills, lost wages, and other losses, but insurance companies and statutes of limitation can complicate the process. Understanding how to file a claim correctly ensures you have the best chance of recovering fair compensation for your losses and injuries.
1. Seek Immediate Medical Attention
Your health will always be the priority. Even if you’re in good shape after a crash, certain injuries, like concussions or internal bleeding, don’t have symptoms right away. Having a medical examination makes a record of your injuries, which is important for your claim. Prolonged delay in medical treatment is also a basis for insurance companies to deny your case.
3. Report the Accident to the Proper Authorities
Depending on the type of accident, reporting it to the appropriate entity is required:
- Car Accidents: If injuries or damages exceed $1,000, you must report the accident to the California DMV within 10 days.
- Workplace Accidents: Employees must notify their employer within 30 days to file for workers’ compensation.
- Premises Liability Incidents: Report the accident to the property owner or manager as soon as possible.
Failure to report an accident promptly can weaken your claim or result in losing eligibility for compensation.
4. Consult a Personal Injury Attorney
California’s personal injury laws can be complex, and insurance companies often try to minimize payouts. An experienced attorney will help you:
- Evaluate your claim’s worth
- Gather and present evidence effectively
- Negotiate with insurance companies for a fair settlement
- File a lawsuit if necessary
Having legal representation increases your chances of securing maximum compensation.
For example: A bakery that hires cake decorators to work on its customized cakes on a regular basis would be hiring employees.10
For example: A bakery that hires cake decorators to work on its customized cakes on a regular basis would be hiring employees.10
4. Consult a Personal Injury Attorney
California’s personal injury laws can be complex, and insurance companies often try to minimize payouts. An experienced attorney will help you:
- Evaluate your claim’s worth
- Gather and present evidence effectively
- Negotiate with insurance companies for a fair settlement
- File a lawsuit if necessary
Having legal representation increases your chances of securing maximum compensation.
Understanding California’s Personal Injury Laws
California has particular statutes for personal injury cases, and they dictate liability assignment and the compensation that victims can claim. The most significant of these legal doctrines is comparative negligence, which provides that injured persons can recover despite their contributory fault.
Moreover, stringent statutes of limitation provide time constraints within which to file claims, and it is therefore imperative for victims to be prompt. Knowing these laws enables victims of accidents to understand the legal process, defend their rights, and receive the compensation they qualify for in the form of medical bills, lost income, and other damages.
California’s Comparative Negligence Rule
California has a comparative negligence system, which means that even if you are partially at fault for an accident, you can recover damages. Your compensation will just be decreased by your percentage of fault.
For instance, if you are determined to be 20% responsible for a car accident and your overall damages are $100,000, you will receive $80,000.
Statute of Limitations for Filing a Claim
Victims have a limited time to file a lawsuit:
- Personal injury claims: 2 years from the accident date
- Property damage claims: 3 years from the accident date
- Claims against government entities: 6 months from the incident
Missing these deadlines can result in losing your right to compensation.
What Compensation Can You Receive?
Victims of accidents in California may be entitled to various types of compensation, including:
- Medical Expenses: Covers emergency room visits, hospital stays, physical therapy, surgeries, and ongoing treatment.
- Lost Wages and Loss of Earning Capacity: If injuries prevent you from working, you may be compensated for current and future lost income.
- Pain and Suffering: Compensation for physical pain, emotional trauma, and reduced quality of life.
- Property Damage: Covers repair or replacement costs for vehicles and other damaged property.
- Punitive Damages: In cases of extreme negligence or misconduct, courts may award additional compensation to punish the wrongdoer.
Each case is unique, and the amount of compensation depends on the severity of the injuries and the impact on your life.
What If the Insurance Company Denies Your Claim?
Insurance companies often attempt to reduce or deny claims to protect their profits. Common reasons for denial include:
- Claiming that you were partially or fully at fault
- Alleging that your injuries are pre-existing or not related to the accident
- Arguing that insufficient evidence supports your claim
- Asserting that you failed to seek medical attention promptly
If your claim is denied, a personal injury attorney can:
- Appeal the decision with strong supporting evidence
- Negotiate aggressively with insurance adjusters
- Take your case to court if a fair settlement is not offered
Legal References:
- Espejo v. The Copley Press, Inc. (2017) 13 Cal.App.5th 329. See also ABC Test, California Department of Labor.
- California Labor Code 2775 LAB. See also California Civil Jury Instructions (CACI) No. 2705. See also, for example, Bowen v. Burns & McDonnell Engineering Co., Inc. (Cal.App. 2024) .
- California Labor Code 2775 LAB.
- California Labor Code 2775(b)(1)(A) LAB.
- Dynamex Operations West, Inc. v. Superior Court of Los Angeles County (2018) 4 Cal.5th 903, 958. See also Vazquez v. Jan-Pro Franchising Internat. (2021) 10 Cal. 5th 944.
- Dynamex, supra note 5, citing Western Ports v. Employment Security Department (2002) 41 P.3d 510.
- Dynamex, supra note 5, citing Fleece on Earth v. Department of Employment & Training (2007) 181 Vt. 458.
- Dynamex, supra note 5, citing Great Northern Construction, Inc. v. Dept. of Labor (2016) 161 A.3d 1207.
- Dynamex, supra note 5, at 959-961.
- Dynamex, supra note 5, citing Dole v. Snell (10th Cir. 1989) 875 F.2d 802.
- Dynamex, supra note 5, at 959.
- Alamo Foundation v. Secretary of Labor (1985) 471 U.S. 290.
- Dynamex, supra note 5, at 961-3.
- Dynamex, supra note 5, at 962. Going into business for oneself often involves taking the following steps: incorporating as a business, advertising, obtaining any necessary business licenses, and making offers to provide business services to the public.
- Dynamex, supra note 5, citing Brothers Construction Co. v. Virginia Employment Commission (1998) 494 S.E.2d 478.
- Dynamex, supra note 5, citing Southwest Appraisal Group, LLC v. Administrator, Unemployment Comp. Act (2017) 155 A.3d 738.
- California Labor Code 2780 LAB. Examples include recording artists or their managers, songwriters, lyricists, composers, or proofers, record producers and directors, musical engineers and mixers, musicians and musical groups, vocalists, and photographers working in the music industry.
- California Labor Code 2782 LAB.
- California Labor Code 2783 LAB.
- Same.
- Same. The licensed professionals include lawyers, architects and landscape architects, engineers, accountants, and private investigators.
- Same.
- Same.
- Same.
- California Labor Code 2778 LAB.
- Same.
- Same.
- Same.
- Same.
- Same.
- California Labor Code 2776 LAB.
- California Labor Code 2777 LAB.
- California Labor Code 2778 LAB.
- California Labor Code 2779 LAB.
- California Labor Code 2781 LAB.
- S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. Some of those factors of the Borello test are:
- whether the worker is in a distinct occupation or business,
- whether the type of work normally happens under the direction of the employer or by a specialist without supervision,
- how much skill is necessary for the work,
- who supplies the tools and workspace,
- whether or how much the worker invested in their tools or helpers,
- how long the services will be performed,
- whether the worker is compensable based on time spent on the job or upon the job’s completion,
- whether the work is within the purported employer’s regular business,
- whether the parties believe that they are creating an employer-employee relationship, and
- whether the worker can profit or lose from the work based on their managerial skill.
None of these factors are dispositive. - Same.
- Dynamex, supra note 5, at 954.
- Dynamex, supra note 5, at 956, footnote 23. Because the Dynamex decision changed independent contractor misclassification law, it had a huge impact on ridesharing companies like Uber and Lyft that rely on delivery drivers and taxi-like drivers.
- California Labor Code 2785 LAB.
- Daniel Wiessner, 9th Circuit weighs claims that Uber was targeted by Calif. contractor law, Reuters (March 20, 2024).
- California Code of Civil Procedure 338 CCP; California Code of Civil Procedure 337 CCP. While independent contractors do not enjoy these legal and financial benefits, they have more control in how they work. True independent contractors can: choose which days and hours to work, choose and use their own equipment, and take breaks whenever they want. Actual independent contractors only have to satisfy the companies that they contract with in the products and services that they provide. True independent contractors cannot be told how to provide them. They are central to the current gig economy. This is why independent contractor misclassification is a problem in employment law: Employers classify workers as independent contractors but treat them as employees. By doing so, they can control the work that is provided while also avoiding the legal obligations that are owed to employees.
- California Labor Code 226.8 LAB.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
