What the claim involves
A collision claim is about more than the visible vehicle damage.
If you were injured, California generally gives you two years to file a lawsuit (Code of Civil Procedure § 335.1), but a crash involving a public agency usually requires a written claim within six months (Government Code § 911.2), and a driver in a crash that injures anyone must report it to the DMV within 10 days (Vehicle Code § 16000). Some crash injuries are diagnosed in the emergency room. Others, such as disc injuries and concussions, become clear only after imaging and months of treatment. Settling before then can leave future care and lost earnings out of the claim, and a signed release usually ends it for good.
Kyle Scott Law handles every type of personal injury case for people across Orange County and Southern California. Kyle Scott has practiced law since 1991 and has run his own firm since 2003. The firm handles pre-lawsuit negotiations, uninsured and underinsured motorist claims, lawsuits, mediation, and trial. Consultations are free in English or Spanish, and whether you need a car accident attorney in Orange County for a freeway pileup or an auto accident lawyer for a crash at a neighborhood intersection, your first conversation is with Kyle Scott himself.
Crash reconstruction
The collision report, photos, vehicle data, video, and witnesses establish how the crash happened. Business and dashcam video can be overwritten, so preservation requests go out at the start. Which agency writes the report depends on where the crash happened: the California Highway Patrol on freeways and toll roads, the city’s police department on city streets, and Sheriff’s deputies in the cities the Sheriff’s Department patrols, such as Yorba Linda, Villa Park, Mission Viejo, and San Clemente.
Medical development
Diagnoses, future care, and work restrictions are tied to the crash with records. The claim is valued once the medical picture is clear, not rushed into an early settlement.
Coverage review
The other driver’s policy, an employer’s or rideshare company’s coverage, a public agency, and your own uninsured and underinsured motorist coverage can all apply, and each is identified early. California’s minimum liability coverage, for a policy issued or renewed since January 1, 2025, is $30,000 per person, $60,000 per accident, and $15,000 for property damage, rising to $50,000, $100,000, and $25,000 for a policy issued or renewed from January 1, 2035 (Vehicle Code § 16056), and a serious injury can exceed it quickly. An employer is generally responsible for an employee’s driving on the job (Civil Code § 2338), an owner who lets someone else drive is liable within limits set by Vehicle Code §§ 17150–17151, and a for-hire interstate carrier of ordinary freight in a truck of 10,001 pounds or more must carry at least $750,000 in liability coverage (49 CFR § 387.9).
Rideshare and uninsured drivers
In an Uber or Lyft crash, the driver’s app status decides which insurance applies: $1,000,000 in primary coverage from the moment a driver accepts a ride until the trip ends, lower limits while the driver waits for a request, and the driver’s own policy with the app off (Public Utilities Code § 5433). An auto policy includes uninsured motorist coverage unless the named insured agrees in writing to delete it. Underinsured benefits generally start only after the at-fault driver’s limits are paid, and are reduced by that payment. Within two years of the crash, you generally must settle, sue the uninsured driver, or start arbitration (Insurance Code § 11580.2).
Cases the firm reviews
Common car accident matters.
Information that can matter
A strong claim starts with preserved evidence.
The useful records vary by case. The initial review identifies what exists, what may need to be requested, and what should be preserved before it is lost.
Legal guides
Answers to common car accidents questions.
Common questions
Questions about car accident claims.
Do I need a lawyer after a car accident in Orange County?
Not always. Claims for vehicle damage alone are often handled directly with the insurer. A lawyer can help when you were injured, fault is disputed, the other driver was uninsured, or a commercial or public vehicle was involved. A signed release usually ends the claim for good, so a free consultation before you sign can help you decide.
How long do I have to file a car accident claim in California?
Generally two years from the crash to file a lawsuit, under Code of Civil Procedure § 335.1. If a public agency is involved, such as a city vehicle or a public transit bus, a written government claim is generally due within six months under Government Code § 911.2. The DMV SR-1 report is due within 10 days (Vehicle Code § 16000). Exceptions exist, so confirm your dates early.
How do I get the police report for a crash in Orange County?
Ask the agency that responded. The California Highway Patrol handles freeways and toll roads, and you can request its report through the CHP Crash Portal or with a CHP 190 form. On city streets, the city’s police department writes the report, or the Sheriff’s Department in the cities it patrols. Have the report number you were given at the scene.
Should I talk to the other driver’s insurance company?
You can report the claim, but no California law requires you to give the other driver’s insurer a recorded statement or sign a medical authorization, and both can affect your claim. Your own policy is different: it generally requires you to report the crash and cooperate. Get advice before giving a detailed statement to anyone or signing a release.
What if the driver who hit me had no insurance or drove away?
Your own uninsured motorist coverage may pay for your injuries. For a hit-and-run, Insurance Code § 11580.2 generally requires physical contact, a police report within 24 hours, and a sworn statement to your insurer within 30 days. If the at-fault driver’s limits are too low, underinsured motorist coverage may help once those limits are paid.
Can I still recover if I was partly at fault?
Yes. Under California’s pure comparative fault rule, your damages are reduced by your share of fault rather than barred (CACI No. 405). If you are found 20% at fault, your damages are reduced by 20%. Separately, Civil Code § 3333.4 generally bars pain-and-suffering damages for someone who drove uninsured or was convicted of DUI for the crash.
What if I was hurt in an Uber or Lyft?
The driver’s app status at the moment of the crash decides which insurance applies. From the time a driver accepts a ride until the trip ends, Public Utilities Code § 5433 requires $1,000,000 in primary coverage, and lower limits apply while the driver waits for a request. Since January 1, 2026, the company’s uninsured and underinsured motorist coverage for passengers is $60,000 per person. Save the trip receipt.
What is my car accident case worth?
No one can responsibly name a figure before the injuries, treatment, and insurance are known. Value generally depends on medical expenses, lost earnings, future care, the effect on daily life, how clearly fault can be proven, any shared fault, and the insurance limits available. Two crashes that look alike can resolve very differently. A free consultation can identify the factors in yours.
This page provides general information, not legal advice. A consultation is needed to evaluate the facts, deadlines, parties, and law that may apply to a specific matter.
Sources
Official sources.
The figures and rules of law on this page come from these official sources.
- California Code of Civil Procedure § 335.1 (two years for most injury lawsuits)
- California Government Code § 911.2 (six months for a claim against a public entity)
- California Vehicle Code § 16000 (DMV report within 10 days)
- California Vehicle Code § 16056 (minimum auto liability coverage)
- California Civil Code § 2338 (an employer’s responsibility for an agent’s negligence)
- California Vehicle Code § 17150 (owner liability for a permitted driver)
- California Vehicle Code § 17151 (limits on owner liability)
- 49 CFR § 387.9 (minimum coverage for interstate motor carriers) — eCFR
- California Public Utilities Code § 5433 (rideshare insurance)
- California Insurance Code § 11580.2 (uninsured and underinsured motorist coverage)
- California Civil Code § 3333.4 (Proposition 213)
- Judicial Council of California, Civil Jury Instructions (CACI) Nos. 405, 3903M (2026 edition)
- California Highway Patrol — request a crash report (Crash Portal, CHP 190)
- Transportation Corridor Agencies — what is TCA (CHP enforcement on the toll roads)
- Orange County Sheriff’s Department — patrol areas
Related practice areas
