Accident Settlement Calculator

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California Car Accident Settlement Calculator

In California, you generally have 2 years to file an injury lawsuit, you can recover even if mostly at fault, minus your share, and drivers must carry at least $30,000/$60,000 in injury liability. Enter your numbers below to see what a California claim may be worth and what you would actually take home.

California changed its minimum insurance on January 1, 2025. $30,000 / $60,000 bodily injury and $15,000 property damage (SB 1107). This calculator already applies the new rule. See all recent changes
1

Your accident

How serious is the injury?
2

Your costs so far

That's all you need for a first estimate. Rough numbers are fine.

Optional: make the estimate more accurate fault, insurance, lawyer fee
3

Fault and future costs

4

Insurance

5

What comes out of it

California rules in 30 seconds

If you were partly at faultYou can still recover, minus your share of the blame
Details & exceptions

California uses pure comparative fault: an injured person's own negligence never bars recovery, but their damages are reduced by their percentage of fault. This rule comes from case law (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804), not a statute, and is reflected in the official civil jury instruction CACI No. 405.

Compare fault rules in all states →
Deadline to file a lawsuit2 years from the accident
Details & exceptions

Personal injury: 2 years from the date of injury (Code Civ. Proc. 335.1). Property damage: 3 years from the date the property was damaged (Code Civ. Proc. 338). Claims against a California government entity (state, county, city, public agency) require an administrative claim within 6 months of the injury for personal injury or damage to personal property (Gov. Code 911.2); if the claim is rejected, suit must generally be filed within 6 months of the mailed rejection. Medical malpractice has a separate, shorter period (Code Civ. Proc. 340.5). Tolling rules (e.g. minors) can change deadlines.

Compare deadlines in all states →
Other driver's minimum insurance$30,000 per person, $60,000 per accident
Details & exceptions

Property damage minimum: $15,000. SB 1107 (Ch. 717, Stats. 2022) amended Vehicle Code 16056, raising minimums from 15/30/5 to 30/60/15 effective January 1, 2025. Insurance Code 11580.1(b) requires every auto liability policy to carry at least these limits. Financial responsibility can alternatively be shown by a $35,000 cash deposit with DMV or a $35,000 surety bond (per CDI consumer guide). SB 1107 is widely reported to schedule a further increase to 50/100/25 in 2035; this was not verified against official statute text (see open_questions).

Compare minimums in all states →
Who pays your medical billsThe at-fault driver's insuranceSee all no-fault states →
Cap on pain and sufferingNo cap for typical car accident claims
Details & exceptions

No general cap for typical car accident injury claims. No general cap on noneconomic (pain and suffering) damages in auto injury cases. The MICRA cap (Civil Code 3333.2) applies only to claims against health care providers. IMPORTANT related rule: under Proposition 213 (Civil Code 3333.4), an injured person cannot recover ANY noneconomic damages if they were (1) driving under the influence and convicted, (2) the owner of an involved vehicle that was not insured as required, or (3) the driver and cannot show required financial responsibility; exception: uninsured persons injured by a driver who was under the influence may still recover. Under Proposition 51 (Civil Code 1431.2), each defendant's liability for noneconomic damages is several only (in proportion to fault). Separately, SB 623 (2026, signed June 25, 2026) limits recoverable past medical expenses from lien-based providers to the 70th percentile of FAIR Health billed charges, but only in claims against rideshare/delivery network companies or app-based drivers for accidents on or after January 1, 2027.

Uninsured motorist coverageOptional
Details & exceptions

Insurers must offer uninsured/underinsured motorist bodily injury coverage, but the policyholder may decline it by signing a written waiver (Insurance Code 11580.2, per CDI guide). UM bodily injury limits can be the same as or lower than liability limits. Uninsured motorist property damage is limited to $3,500 and requires the uninsured driver to be identified (CDI guide).

Worked example: a typical California car accident claim

Another driver turned left into you at an intersection in California: $15,000 in medical bills, $5,000 in lost wages and a moderate injury that healed in a few months. The insurer says you were 20% at fault for speeding slightly, the other driver has a $100,000 policy, and your lawyer takes 33%.

  1. Economic damages$20,000Medical bills + expected future treatment + lost wages.
  2. Pain and suffering$20,000 – $40,000Multiplier method: economic damages × 2–3 for a moderate injury, minus the economic part itself.
  3. Total claim value$40,000 – $60,000Economic + pain and suffering.
  4. After your share of fault$32,000 – $48,000California uses pure comparative negligence: your recovery is reduced by your 20% share of fault.
  5. Limited by available insurance$32,000 – $48,000At-fault policy limit $100,000 + your UM/UIM $0.
  6. Estimated take-home$20,440 – $31,160Minus attorney fee (33%), case costs and medical liens.

You would take home about $25,800 ($20,440 – $31,160), after the 33% fee and $1,000 in case costs.

Typical figures (midpoint of a moderate injury multiplier), no medical liens. Run your own numbersor see the same crash in every state.

How much time do you have to file?

General personal injury deadline only. It can be shorter for claims against a city, county or state agency (often a written notice within months), and longer for minors. Check with a lawyer before relying on it.

Deadline traps in California

The 2-year lawsuit deadline is not the only clock. These are the ones people miss:

Crash with a government vehicle or on a public road6 months

A written government claim must be filed with the state agency, county or city within 6 months of the injury. If it is rejected, you generally have 6 months from the mailed rejection notice to sue. A late-claim application is possible within 1 year.

California Courts Self-Help Guide: Ask a government agency to pay you (Gov. Code 911.2, 945.6)

If the injured person is a child

The 2-year clock is paused until age 18 (then 2 years). This pause does NOT apply to government claims: a child's claim must still be filed in 6 months, or by late-claim application within 1 year.

Cal. Code Civ. Proc. 352 (mirror at rulesofcivilprocedure.com)

How fast a California insurer must respond

California's Fair Claims Settlement Practices Regulations require insurers to acknowledge a claim and start investigating within 15 calendar days, accept or deny within 40, and pay within 30 days of acceptance. They also protect third-party claimants.

Cal. Code Regs. tit. 10, 2695.5, Duties upon receipt of communications (Cornell LII)Cal. Code Regs. tit. 10, 2695.7, Standards for prompt, fair and equitable settlements (Cornell LII)Cal. Code Regs. tit. 10, 2695.2, Definitions ('claimant' includes third-party claimants) (Cornell LII)California Department of Insurance, Fair Claims Settlement Practices Regulations

If an insurer misses these deadlines, you can file a complaint with the state insurance department. Compare all states:insurance claim deadlines by state.

Next steps after a California crash

Frequently asked questions

What is a typical car accident settlement in California?
It depends on the bills, the injury and fault. Worked example: with $15,000 in medical bills, $5,000 in lost wages and a moderate injury, 20% of the fault, a California claim against the other driver is worth about $40,000, and the injured person takes home about $25,800 after a 33% attorney fee and costs.
Is California an at-fault or no-fault state for car accidents?
California's car insurance system: At-fault (tort).
Is there a cap on pain and suffering in California car accident cases?
No general cap for typical car accident injury claims. No general cap on noneconomic (pain and suffering) damages in auto injury cases. The MICRA cap (Civil Code 3333.2) applies only to claims against health care providers. IMPORTANT related rule: under Proposition 213 (Civil Code 3333.4), an injured person cannot recover ANY noneconomic damages if they were (1) driving under the influence and convicted, (2) the owner of an involved vehicle that was not insured as required, or (3) the driver and cannot show required financial responsibility; exception: uninsured persons injured by a driver who was under the influence may still recover. Under Proposition 51 (Civil Code 1431.2), each defendant's liability for noneconomic damages is several only (in proportion to fault). Separately, SB 623 (2026, signed June 25, 2026) limits recoverable past medical expenses from lien-based providers to the 70th percentile of FAIR Health billed charges, but only in claims against rideshare/delivery network companies or app-based drivers for accidents on or after January 1, 2027.
What happens if I was partly at fault for an accident in California?
California follows pure comparative negligence, so you can recover damages even if you were mostly at fault, but your recovery is reduced by your percentage of fault.
How long do I have to file a car accident lawsuit in California?
Generally 2 years for personal injury and 3 years for property damage. Personal injury: 2 years from the date of injury (Code Civ. Proc. 335.1). Property damage: 3 years from the date the property was damaged (Code Civ. Proc. 338). Claims against a California government entity (state, county, city, public agency) require an administrative claim within 6 months of the injury for personal injury or damage to personal property (Gov. Code 911.2); if the claim is rejected, suit must generally be filed within 6 months of the mailed rejection. Medical malpractice has a separate, shorter period (Code Civ. Proc. 340.5). Tolling rules (e.g. minors) can change deadlines.
What is the minimum car insurance in California?
$30,000 per person and $60,000 per accident for bodily injury, and $15,000 for property damage. SB 1107 (Ch. 717, Stats. 2022) amended Vehicle Code 16056, raising minimums from 15/30/5 to 30/60/15 effective January 1, 2025. Insurance Code 11580.1(b) requires every auto liability policy to carry at least these limits. Financial responsibility can alternatively be shown by a $35,000 cash deposit with DMV or a $35,000 surety bond (per CDI consumer guide). SB 1107 is widely reported to schedule a further increase to 50/100/25 in 2035; this was not verified against official statute text (see open_questions).
What is the deadline to file a claim against the government in California?
6 months. A written government claim must be filed with the state agency, county or city within 6 months of the injury. If it is rejected, you generally have 6 months from the mailed rejection notice to sue. A late-claim application is possible within 1 year.
How long does an insurance company have to respond to a claim in California?
California's Fair Claims Settlement Practices Regulations require insurers to acknowledge a claim and start investigating within 15 calendar days, accept or deny within 40, and pay within 30 days of acceptance. They also protect third-party claimants.

Related

Official sources