Do I need a lawyer after a car accident in California?
Every rule below is quoted from California law or a state agency, with a link. Checked September 17, 2026.
The short answer
We can't tell you whether you need a lawyer. We can show you the California rules that usually decide it: how fault is split, how long you have, and how injury lawyers are allowed to charge. Many people with only car damage settle directly with the insurer. People with injuries, disputed fault or a claim near a deadline often talk to a lawyer first.
How fault changes your claim
If you were partly at fault
California uses pure comparative negligence. You can still recover money even if you were mostly at fault for the crash; your payout is just reduced by your own percentage of fault, no matter how high it is.
“the doctrine of comparative negligence should be applied in this state in its so-called 'pure' form under which the assessment of liability in proportion to fault proceeds in spite of the fact that the plaintiff is equally at fault as or more at fault than the defendant”
How long you have
- 2 years
- to sue for injuriesCal. Code Civ. Proc. 335.1
- 3 years
- to sue for car or property damageCal. Code Civ. Proc. 338(c)
- 2 years
- for a family to sue after a deathCal. Code Civ. Proc. 335.1
- 6 months
- to notify the government if a public vehicle or road was involvedCal. Gov. Code 911.2
Deadline to sue for injuries
You generally have 2 years from the crash to sue for injuries.
“Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
If a government vehicle or road was involved
If a government vehicle, employee, or road is involved, you must present a claim to that government within 6 months of the crash for injury, death, or property damage, or you can lose the right to sue.
“shall be presented as provided in Article 2 (commencing with Section 915) not later than six months after the accrual of the cause of action”
How injury lawyers charge in California
Contingency fee rules
California does not cap contingency fee percentages for ordinary car crash injury cases; those fees only have to be reasonable and in writing under the state's professional conduct rules. A specific fee cap in state law applies only to medical malpractice cases, not standard car accident claims.
“Twenty-five percent of the dollar amount recovered" when settlement occurs before filing a civil complaint or arbitration demand... "Thirty-three percent of the dollar amount recovered" after filing a complaint or arbitration demand”
Questions to ask any lawyer before you sign
- What percentage do you charge, and does it change if the case goes to trial?
- Who pays case costs like records and expert fees if we lose?
- Will you handle my case yourself, or pass it to someone else?
- How long do cases like mine usually take here?
- What is the deadline for my claim, and when will you file?
If the insurer is the problem
File a complaint with the state
To complain about an insurance company in California, file electronically through the California Department of Insurance's online complaint system, linked from its Getting Help page.
“We recommend using the electronic complaint forms above. Use of non-electronic complaint forms may delay the process.”
Sources on this page
Each one was opened and checked on September 17, 2026.
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.