1. Preserve Evidence before the Fault Record Hardens
Early evidence can shape insurance negotiations and later litigation. The first goal is to preserve what shows how the collision happened and what changed afterward, without treating one report as the final answer on liability.
Save the Crash Record in Its Original Form
- Keep scene photographs, dashcam files, nearby video, vehicle damage images, and witness contact information.
- Preserve texts, app data, repair estimates, towing records, and insurer communications.
- Keep claim numbers and adjuster contact information with the policy records.
- Request available collision records, but do not assume an officer’s narrative decides civil fault.
- A focused car accident fault review can address negligence and comparative-fault evidence in more depth.
Compare the Accounts against Objective Evidence
- Check whether driver statements match lane position, signal timing, impact points, and available video.
- Record later changes in the opposing driver’s account or insurer’s stated fault position.
- Preserve evidence before vehicles are repaired or video is overwritten.
2. Evaluate Fault and Insurance Coverage Together
State law follows pure comparative fault, so recovery can be reduced by the claimant’s percentage of fault rather than automatically barred. Coverage should be reviewed at the same time because available policies may shape the claim path.
Separate Liability from Coverage
| Issue | Question to Review |
|---|---|
| Fault | Which acts or omissions contributed to the collision? |
| Liability coverage | Which policy applies to the driver, owner, or employer? |
| UM/UIM coverage | Does the injured person’s policy provide applicable coverage? |
| Other parties | Was a business, public entity, or vehicle owner involved? |
Check Um and Uim Terms before Assuming Coverage
- Insurance Code § 11580.2 generally requires uninsured-motorist coverage in covered auto policies unless validly deleted or reduced in writing.
- If the insured and insurer disagree about entitlement to damages or amount, the statute provides for arbitration.
- Underinsured coverage can depend on exhaustion of applicable liability limits.
3. Build the Medical and Income Record before Valuing the Claim
A demand should reflect documented harm rather than a number chosen before the medical picture is clear. Treatment history, work impact, future care, and causation can affect valuation.
Document Economic Losses
- Keep medical records, bills, pharmacy costs, wage statements, tax records, and employer confirmations.
- Separate past losses from future expenses or earning loss that still require support.
- Track out-of-pocket expenses tied to the collision.
Treat Non-Economic Harm As Evidence, Not a Formula
- Pain, physical limitations, sleep disruption, and loss of normal activities should be tied to the injury record.
- Do not rely on a universal multiplier for pain and suffering.
- If a health plan, government program, or other payer seeks reimbursement, review that claim separately.
- A subrogation and reimbursement review can address payer rights and reductions in more depth.
4. Calendar Private and Public-Entity Deadlines Separately
The ordinary personal-injury filing period is not the only deadline that can matter. Code of Civil Procedure § 335.1 generally gives two years for an action based on injury caused by another’s wrongful act or neglect.
Government Claims Can Start Much Earlier
- Government Code § 911.2 generally requires a claim for personal injury or property injury against a public entity within six months after accrual.
- If the entity gives a compliant written rejection, Government Code § 945.6 generally requires suit within six months after that notice.
- A road-condition, public-vehicle, or public-employee theory should be identified before the six-month period expires.
- Government liability claims may require additional statutory analysis before suit.
Do Not Let Negotiations Replace Deadline Review
- An insurer may continue discussing a claim while a statutory filing period runs.
- Policy notice duties and statutory court deadlines are different.
- Calendar each potentially applicable date before deciding how long negotiations can continue.
5. Use Litigation Only When the Claim Needs Court Process
A lawsuit may become necessary when fault remains disputed, damages cannot be resolved, a deadline approaches, or formal discovery is needed. Filing does not make trial inevitable.
Know What Changes after Filing
- Formal discovery can obtain testimony, records, and evidence not available through voluntary insurance exchange.
- The defendant can raise comparative fault and other defenses.
- Expert evidence may be needed for reconstruction, medical causation, or future-loss issues when genuinely disputed.
- For deeper procedure, see car accident litigation.
Account for the Local Personal Injury Court Structure
- General-jurisdiction motor-vehicle personal injury cases fall within the local Superior Court’s Personal Injury Court framework.
- Case management and trial scheduling depend on the assigned court and case needs.
- The local court structure should guide filing and scheduling, not assumptions about a universal timeline.
6. Frequently Asked Questions
Can I recover if I was partly at fault for the crash?
Yes, potentially. Under pure comparative fault, damages are generally reduced in proportion to the claimant’s assigned share of fault.
Does a police report decide who is legally at fault?
No. A report can contain useful observations and statements, but civil liability is determined from admissible evidence and applicable law, not simply the officer’s conclusion.
What if the other driver has no insurance?
Applicable UM coverage may provide a path to recovery, subject to the policy and Insurance Code § 11580.2. Hit-and-run and underinsured claims can involve additional statutory conditions.
What if a city vehicle or dangerous road condition contributed to the crash?
A public-entity claim can involve a much earlier administrative deadline. Government Code § 911.2 generally uses a six-month presentation period for personal-injury claims.
7. Review Fault, Coverage, and Deadlines before the Claim Moves Forward
SJKP’s attorneys can review collision evidence, comparative-fault issues, insurance coverage, medical losses, and filing deadlines together. A Los Angeles County car accident lawyer can then identify which issues require investigation, negotiation, or court action.
22 Sep, 2026
