If you've been in a car accident in Woodland Hills — whether on the 101 Freeway, Ventura Boulevard, or a surface street through the neighborhood — the questions that follow tend to be the same: Who pays? How does the claims process work? When does an attorney get involved?
This article explains how car accident claims generally work in California and what role attorneys typically play. The specifics of any individual case depend on the facts, coverage, injuries, and how fault is determined.
California is an at-fault state, meaning the driver who caused the accident is generally responsible for the resulting damages. Injured parties typically file a third-party claim against the at-fault driver's liability insurance — or a first-party claim against their own insurer, depending on the coverage they carry.
California also follows pure comparative fault, which means fault can be divided between multiple drivers. If you're found 30% at fault for a collision, your recoverable damages are reduced by that percentage. This is different from states that bar recovery entirely if a claimant is more than 50% at fault.
There is no no-fault system in California. PIP (Personal Injury Protection) coverage is not required here, though drivers may carry MedPay — a first-party medical coverage option that pays regardless of fault, up to the policy limit.
After a crash, the general sequence looks like this:
Treatment records are central to any injury claim. Gaps in care, delayed treatment, or undocumented injuries are factors adjusters frequently use to challenge the severity of a claim.
| Damage Category | What It Generally Covers |
|---|---|
| Medical expenses | ER bills, imaging, surgery, physical therapy, future care |
| Lost wages | Income lost during recovery; future earning capacity if applicable |
| Property damage | Repair or replacement of your vehicle |
| Pain and suffering | Non-economic harm — varies widely by case |
| Diminished value | Reduction in vehicle market value after repair |
Pain and suffering is often the most contested category. There's no fixed formula in California — insurers and attorneys may use multipliers, per diem calculations, or other methods, and outcomes vary significantly based on injury type, documentation, and negotiation.
Personal injury attorneys in California almost universally work on a contingency fee basis — meaning they collect a percentage of the final settlement or verdict, typically in the range of 33–40%, though this varies by firm and case complexity. There is no upfront cost to the client under this model.
Attorneys are commonly sought when:
An attorney's general role includes gathering evidence, handling communications with insurers, calculating damages, negotiating settlements, and filing suit if necessary.
California has a significant uninsured motorist population. UM/UIM coverage (uninsured/underinsured motorist) is your own policy's protection when the at-fault driver carries no insurance or insufficient limits to cover your damages. This coverage must be offered to California policyholders, though it can be waived in writing.
MedPay, if included in your policy, can cover immediate medical costs regardless of fault — useful in the period before a claim is resolved.
In California, the general statute of limitations for personal injury claims arising from a car accident is two years from the date of injury. Property damage claims follow a three-year window. These deadlines can shift — for example, if the at-fault party is a government entity, a government tort claim must typically be filed within six months.
California also requires drivers to report accidents to the DMV within 10 days if the crash resulted in injury, death, or property damage over $1,000. Failure to report can affect driving privileges. SR-22 filings may be required following certain violations connected to the accident.
These figures are general — the applicable deadlines in any specific situation depend on the parties involved, the nature of the claim, and other case-specific factors.
Woodland Hills sits in Los Angeles County, and California law provides the legal framework — but what your claim looks like in practice depends on the specifics: which insurer is involved, what coverage limits apply, how fault is allocated, the severity of your injuries, and whether the case settles or goes to litigation.
Those details aren't interchangeable. The same accident, with different insurance coverage or a different fault split, can lead to very different outcomes.
