When you are involved in a car accident in California, you can file a personal injury claim to receive compensation for the damages you incur. Depending on the circumstances, your case may need to proceed to trial. However, remember that not all car accidents require filing a lawsuit. In fact, most don’t. But knowing when legal action might be necessary to protect your rights.
In this article, you will understand what types of car accidents usually go to litigation and how to handle the situation when involved in one.
Most Cases Begin with Insurance, Not Car Accident Lawsuits
After a car crash in California, the first step toward getting compensation usually involves filing a personal injury claim, not heading straight to court. If the other driver is at fault, their insurance company is typically responsible for covering your losses. If they’re uninsured or underinsured, you may need to rely on your coverage for support.
When Am I Eligible to File a Personal Injury Claim After a Car Crash in California?
In California, you have the right to seek compensation if someone else’s negligence caused your injuries. Negligence refers to failing to exercise the care and caution that a reasonable person would have exercised in the same situation.
Maybe the other driver wasn’t paying attention. Maybe they were following too closely, ignoring weather conditions, or making unsafe lane changes. Whatever the case, if their careless actions caused your crash, that’s negligence, and it’s the foundation of your personal injury claim.
To hold someone legally responsible, four key elements must be present:
- Duty of Care – The other driver had a legal responsibility to drive safely and protect others on the road, including you.
- Breach of Duty – They failed to uphold that responsibility by texting, speeding, running a red light, or simply not paying attention.
- Causation – That failure directly led to your accident.
- Damages – And as a result, you suffered physical, emotional, or financial harm.
Imagine this: you’re stopped at a red light. Out of nowhere, a driver slams into the back of your car because they were checking a text message. The crash leaves you with whiplash, chronic back pain, and weeks, maybe months, off work. That driver’s split-second choice to look at their phone instead of the road didn’t just cause an accident. It disrupted your life.
This is the heart of a negligence case. Their failure to act with reasonable care caused real harm, and they should be held accountable for it.
But here’s the part many people don’t expect: Filing a claim is just the beginning.
It’s common to think that insurance will make everything easier; that a quick call and a few forms will take care of the financial fallout. But that’s not how it usually works. In reality, insurance companies often look for ways to minimize payouts. They might question the extent of your injuries or suggest you were partially at fault.
This can delay your recovery and make you feel like you have to justify your pain. That’s a heavy emotional burden to carry when you’re already trying to heal.
What Types of Damages Can I Include in My Settlement?
While no amount of money can fully undo the pain or return what was lost in a life-changing car accident, compensation can provide the stability and support you need to move forward.
When calculating your settlement, your economic damages form the foundation. These are tangible losses from a car accident, including:
- Emergency care and hospitalization
- Long-term treatment, physical therapy, and rehabilitation
- Medical devices or home modifications to accommodate your injury
- Ongoing medication or care plans
- Lost income from the time you couldn’t work, or may never work again
- Car repair or replacement costs
Moreover, you may also be entitled to non-economic damages; the ones that speak to the emotional, psychological, and profoundly personal toll the accident has taken on your life:
- Pain and suffering
- Anxiety or depression
- Post-Traumatic Stress Disorder (PTSD)
- Strained or broken relationships
- The loss of hobbies, passions, and simple joys you once loved
A devastating injury after a car accident in California can strip away not just your mobility, but your identity: your role as a parent, partner, worker, or friend. A fair settlement acknowledges those invisible wounds, too.
While compensation won’t turn back time or make everything right, it can help you access the tools, care, and peace of mind needed to adapt to this new reality with dignity.
You don’t have to figure this out on your own. An experienced car accident lawyer can help you uncover every layer of loss, both financial and emotional, and fight to ensure that you get fair compensation.
Why the Claims Process Isn’t Always Straightforward
In a perfect world, you’d file your car accident claim and the insurance company would quickly pay what’s fair. However, the reality is that insurance companies operate as businesses, often prioritizing their financial stability. They have the skills to minimize payouts, not maximize your recovery. That means they might delay your claim, downplay your injuries, or even try to deny it altogether.
If you don’t act quickly and carefully, you could lose the right to compensation entirely. That’s why it’s essential to hire a car accident lawsuit lawyer and notify the insurer as soon as possible after the collision, and to document everything.
Even when the insurer admits fault, the first offer is often far lower than what you truly deserve. Don’t feel pressured to take it. An experienced personal injury attorney can step in to negotiate a fair settlement: one that reflects your full losses, not just what’s easy for the insurer to pay.
When Does a Car Accident in California Require Litigation?
Sometimes, no matter how reasonable you are, the insurance company refuses to budge. Maybe they deny liability. They may refuse to increase a lowball offer, question liability, or employ tactics to minimize your payout. In those cases, filing a car accident lawsuit might be the only way to get the justice and compensation you deserve.
So, when filing a car accident claim, you might wonder, “What types of auto collisions need to go to trial?” You may need to proceed with your case to litigation under these specific circumstances:
When You Don’t Know There Are Deadlines
You might think you have plenty of time to file a claim after an accident, but legally, the clock starts ticking the moment it happens.
- In California, you typically have two years to file a car accident lawsuit.
- For property damage, you get three years.
- If the accident involves a government vehicle or agency, your window shrinks dramatically to six months.
Failing to act within these timeframes means you lose your legal right to compensation. This means you lose money, so you’ll likely struggle to afford care, therapy, or even basic living expenses.
Unfortunately, it can be challenging to juggle your recovery and the legal process. If you aren’t knowledgeable of the ins and outs of personal injury law, you will likely just wing it or do trial and error, resulting in wasting time, energy, and resources. It’s best to have legal representation that handles your case to avoid missing deadlines and losing your chance at compensation.
When Fault Is Disputed
Not every crash has a clear villain. When it’s your word against theirs, proving who was truly at fault can get messy. In some cases, trials are the only way to uncover the truth and hold the right party accountable.
Here are some common reasons for liability dispute:
- Lack of video or physical evidence
- Conflicting witness statements
- Accusations that you were partly to blame
In California, we follow a pure comparative fault system. That means even if you were partially at fault, you may still recover compensation, as long as you were only PARTLY RESPONSIBLE. In this case, the court will reduce your award based on your share of the blame. If you are 30% at fault, you’ll receive 70% of the total damages.
When Injuries Are Severe
Insurance companies are businesses. The more serious your injuries, the more money they stand to lose, and the harder they’ll fight to avoid paying.
Severe or catastrophic injuries often mean:
- Long-term medical treatment
- Permanent disability or disfigurement
- Emotional trauma
- Loss of earning capacity
These cases often involve six-figure settlements or more, making insurers especially aggressive in trying to minimize your payout. They may question your injuries, blame pre-existing conditions, or try to use delays in treatment against you.
To protect your claim:
- Keep all appointments and follow treatment plans.
- See specialists appropriate to your injuries.
- Document everything, from prescriptions to hospital bills and therapy notes.
When the Insurance Offer Is Insultingly Low
Even when liability is clear and your injuries are documented, some insurance companies make unreasonably low offers, hoping you’re too tired, stressed, or broke to fight back.
Maybe they offer enough to cover your first emergency visit, but what about:
- Follow-up appointments?
- Rehab?
- Missed work?
- Emotional suffering?
- Future surgery?
- Permanent limitations?
If the insurer won’t budge, and your attorney believes your case is worth significantly more, it may be time to go to trial.
The upside is that verdicts are often far higher than initial offers. Juries can award not only medical costs and lost income, but also damages for pain, suffering, and emotional distress. Some cases may even result in punitive damages if the other party’s actions were especially reckless.
When Multiple Vehicles or Parties Are Involved
Car accidents in California are rarely simple. But when more than two vehicles or special entities, such as commercial trucks or government vehicles, are involved, everything becomes more complex: the timeline, the fault, and the potential for trial.
Imagine a three-car pileup on a freeway. One driver was speeding, another was tailgating, and the third got caught in the chaos. Who’s truly at fault? What if one vehicle were a rideshare service, a delivery truck, or a city-owned bus? Each driver’s insurance company will point fingers in different directions, trying to protect its own.
These types of collisions often involve:
- Conflicting accounts from multiple drivers
- Complex insurance policies, especially if a commercial or government vehicle is involved
- Disputes over liability percentages, which affect how much compensation each victim receives
In such tangled scenarios, insurance companies rarely agree. And when negotiations stall or break down, you might need a judge or jury to untangle the web and make a final call on who is liable, and to what extent. and make a final call on who is liable, and to what extent.
What this means for you: If you’re injured in a multi-vehicle accident, especially one involving a truck or city vehicle, the legal process may take longer. But that doesn’t mean you should give up. With strong representation and thorough investigation, it’s still possible to recover the compensation you deserve.
When a Life is Lost
When a car crash takes a life, everything changes. It’s no longer just about injuries or repair bills. You’re left grieving, overwhelmed with unanswered questions, and facing a future that feels stolen. In many cases, finding justice requires the structure and formality of the courtroom.
Surviving family members file wrongful death claims, often spouses, children, or parents, when a loved one dies due to another driver’s negligence. These cases seek to cover not just the financial losses, but also the emotional and personal devastation that follows such a tragedy.
Compensation may include:
- Funeral and burial costs
- Loss of the deceased’s income and financial support
- Medical expenses related to the fatal injury
- Loss of companionship, love, and guidance
- Emotional suffering of the surviving family
Because the potential damages in a wrongful death case are significant, insurance companies will often fight these claims aggressively. They may dispute the extent of liability, the value of the claim, or even argue that the deceased shared some fault.
When emotions run high and the stakes are even higher, many of these cases go to trial, not because families want to fight, but because they want closure, accountability, and the truth.
What this means for you: If you’ve lost someone in a car accident in California, you deserve compassion, support, and justice. And sometimes, that justice can only be found in a courtroom.
Do I Need a Car Accident Attorney When Going to Trial?
When a car accident in California changes your life in an instant, the aftermath can be overwhelming, especially if your case goes to trial. Insurance companies might try to wear you down, hoping you’ll settle for less or give up entirely. This is where having a skilled car accident lawsuit lawyer becomes essential.
- They Know the Legal System Inside and Out: Trials are filled with complex procedures, strict deadlines, and legal nuances. A lawyer will ensure all paperwork is filed correctly and on time, present evidence in a way that complies with court rules, and prepare you for testimonies, depositions, and cross-examinations.
- They Gather and Present Strong Evidence: An attorney helps you gather medical records, crash reports, and expert testimony, secure video footage or witness statements, and build a case that clearly shows the other party’s negligence.
- They Protect You From Unfair Tactics: Insurance companies have their own legal teams. Without representation, you risk being outmatched. A lawyer will shield you from misleading or aggressive tactics, push back against lowball settlement offers, and make sure your rights are never overlooked.
- They Fight for the Full Compensation You Deserve: A trial attorney will evaluate both economic and non-economic damages and tell your story in a compelling and credible way to the judge and jury.
- They Offer Strength When You Feel Vulnerable: Trials can be intimidating. But a compassionate attorney becomes your voice when you’re too exhausted or emotional to speak. They give you confidence in the process, peace of mind that someone is fighting for your best interests, and a sense of control during a time that may feel chaotic.
Going to trial is never easy, but neither is living with the aftermath of a crash that wasn’t your fault. You deserve justice, not just survival. A car accident lawsuit lawyer can help turn your pain into purpose and ensure your story is heard and honored in court.
If you’re facing the prospect of trial, don’t do it alone. Talk to a trusted personal injury attorney today, because your future is too important to leave to chance.
At The Law Offices of Larry H. Parker, we understand what you’re going through. That’s why we work on a contingency fee basis, so you don’t pay unless we win the case. We also offer FREE consultations so you can understand your legal options. It’s a risk-free way to get the help you deserve without adding to your stress.
With over 40 years of experience and more than 100,000 clients served, we know how to stand up to insurance companies and fight for maximum compensation. Let us take the legal burden off your shoulders so you can focus on healing.
You deserve answers after a crash. Reach out to a car accident lawyer near you today for a free case review.
What Our Clients Say About Us
While many personal injury lawyers can take your case and build a defense, none will advocate for you as passionately as we do. Our California car accident attorneys are exceptionally prepared to create a flawless claim, as confirmed by our previous clients:
“From the first call to the last, I felt they were there for me. I was never in a situation where I needed a lawyer before, but after talking to them, I never had to worry about a thing!” – S. Doeden.
Frequently Asked Questions
Accidents may be upsetting and complicated, leaving everyone involved with questions about their rights, obligations, and legal alternatives. Understanding the aftermath of an accident is critical for safeguarding your rights and getting proper compensation.
If you have further questions, we have answered some of the most frequently asked questions about accidents.
- California Personal Injury Settlements: Taxable or Not?
- How a Personal Injury Attorney Can Help You Recover a Fair Settlement if You Are Suffering a Permanent Injury
- Common Car Insurance Claim Denials and How To Work Around Them
- Can I Sue the Company in a Rideshare Accident?
References
comparative negligence | Wex | US Law | LII / Legal Information Institute. (n.d.). Cornell Law School. Retrieved April 24, 2025, from https://www.law.cornell.edu/wex/comparative_negligence
Deadlines to sue someone | California Courts | Self Help Guide. (n.d.). California Courts Self-Help. Retrieved September 11, 2025, from https://selfhelp.courts.ca.gov/civil-lawsuit/statute-limitations
