Car Accident FAQs: Answers to Your Common Questions

Yes, but claims against government entities (cities, counties, the State of California, school districts, transit agencies) follow special rules under the California Tort Claims Act (Government Code § 810 et seq.). The most critical difference is the administrative claim deadline: you must file a formal claim with the government entity within 6 months of the injury — not 2 years like most personal injury cases.

If the government rejects your claim (or fails to respond within 45 days), you then have 6 months to file a lawsuit. Missing the administrative claim deadline almost always bars your case entirely, with very limited exceptions.

Common government liability scenarios include dangerous road conditions, public transit accidents (bus accidents, train accidents), injuries on public property, and police misconduct. Contact Arnold Law Firm immediately if you’ve been injured due to government negligence — the 6-month deadline is unforgiving.

Traumatic brain injuries often result in significant compensation because of the life-altering nature of these injuries. Damages may include extensive medical treatment (emergency care, surgery, rehabilitation, therapy), lifetime care costs for severe TBIs, lost wages and diminished earning capacity, cognitive and emotional changes (personality shifts, memory loss, depression), pain and suffering, and loss of enjoyment of life.

Moderate to severe TBI cases frequently involve millions of dollars in lifetime medical costs. Arnold Law Firm works with medical experts, life care planners, and economists to fully document the long-term impact of your brain injury and maximize your compensation.

A wrongful death claim is a civil lawsuit filed when someone dies due to another person’s or entity’s negligence or wrongful act. Under California Code of Civil Procedure § 377.60, the following people may file a wrongful death claim:

• The deceased person’s surviving spouse or domestic partner
• The deceased person’s children
• If there is no surviving spouse or children, anyone who would be entitled to the property under California’s intestate succession laws (such as parents or siblings)

Wrongful death claims can recover funeral and burial expenses, loss of the deceased person’s income, loss of companionship and emotional support, and the value of household services the deceased provided. California has a two-year statute of limitations for wrongful death claims from the date of death.

If you’re the victim of a hit-and-run accident, take these steps:

1. Call 911 immediately — reporting the accident creates an official record and may help identify the driver
2. Note everything you can about the fleeing vehicle (make, model, color, license plate, direction of travel)
3. Ask witnesses if anyone saw the vehicle or captured dashcam/phone footage
4. Seek medical attention for your injuries
5. File a claim under your UM coverage — your own Uninsured Motorist policy may cover your injuries and damages
6. Contact an attorney — we can work with investigators and law enforcement to locate the at-fault driver

California Vehicle Code § 20002 makes it a crime to leave the scene of an accident. Even if the driver is never found, your UM coverage can help you recover compensation.

Yes, but rideshare accident claims involve unique insurance complexities. Uber and Lyft provide tiered insurance coverage depending on the driver’s status at the time of the accident:

• App off: Only the driver’s personal insurance applies
• App on, waiting for a ride request: Limited liability coverage from the rideshare company (typically $50,000/$100,000)
• En route to pick up or during a trip: Up to $1 million in liability coverage from the rideshare company

Determining which coverage applies requires establishing exactly what the driver was doing at the time of the crash. Arnold Law Firm has experience navigating these layered insurance policies.

Truck accident cases are significantly more complex than typical car accidents for several reasons. Commercial trucks are governed by the Federal Motor Carrier Safety Regulations (FMCSRs), which impose strict requirements on drivers, trucking companies, and vehicle maintenance. Violations of these regulations can establish negligence.

Multiple parties may be liable, including the truck driver, trucking company, cargo loader, and vehicle manufacturer. Trucking companies also carry much higher insurance policies (often $1 million or more), which means their insurers fight harder to avoid paying claims. These cases require specialized investigation, including obtaining electronic logging device (ELD) data, driver qualification files, and maintenance records before evidence is destroyed.

If you’ve been injured in a truck accident, contact Arnold Law Firm immediately — trucking companies send investigators to the scene quickly, and critical evidence can disappear fast.

Be very cautious about accepting an early settlement offer from an insurance company. These initial offers are almost always far below what your case is actually worth. Insurance adjusters know that injured people face mounting medical bills and financial pressure, and they try to settle quickly before you understand the full extent of your injuries and damages.

Once you accept a settlement and sign a release, you cannot go back and ask for more money, even if your injuries turn out to be worse than expected. Before accepting any offer, consult with a personal injury attorney who can evaluate the true value of your claim.

Arnold Law Firm offers free case evaluations and works on a contingency fee basis, so there’s no cost to find out what your case is really worth.

UM/UIM coverage can be critical in several common scenarios:

Hit-and-run accidents: When the at-fault driver flees the scene, your UM coverage may be the only available source of compensation. Only about 10% of hit-and-run drivers are ever identified.

No-contact accidents: If another driver runs you off the road without making contact with your vehicle, their insurance typically won’t apply. UM coverage can fill that gap.

Underinsured drivers: California only requires $30,000/$60,000 in liability coverage, which may not come close to covering serious injuries. UIM coverage pays the difference between the at-fault driver’s policy limits and your actual damages.

Accidents with unlicensed or uninsured drivers: Drivers without a license often lack insurance as well. UM coverage protects you in these situations.

We strongly encourage all California drivers to carry UM/UIM limits that match their liability limits.

If you’re hit by an uninsured driver, you still have options. The most common path is filing a claim under your own Uninsured Motorist (UM) coverage if you carry it. California law requires insurance companies to offer UM coverage, though you’re not required to purchase it.

You can also file a lawsuit directly against the uninsured driver, though collecting a judgment from someone without insurance can be difficult.

This is one of many reasons why we recommend California drivers carry robust UM/UIM coverage. If you’ve been injured by an uninsured driver, Arnold Law Firm can evaluate all available sources of compensation for your case.

The steps you take right after an accident can significantly impact your ability to recover compensation. If possible, you should:

1. Call 911 and report the accident to police
2. Seek medical attention immediately, even if you feel fine. Some injuries like traumatic brain injuries or whiplash may not show symptoms right away
3. Document the scene by taking photos and videos of vehicle damage, road conditions, traffic signals, and your injuries
4. Exchange information with other drivers (name, insurance, license plate)
5. Get witness contact information if bystanders saw the accident
6. Do not admit fault or apologize at the scene
7. Do not give a recorded statement to the other driver’s insurance company before consulting a lawyer
8. Contact an attorney as soon as possible to protect your rights

The sooner you consult with a Sacramento personal injury attorney, the better we can preserve evidence and build your case.

Yes. California follows a pure comparative fault system (also called pure comparative negligence), which means you can recover compensation even if you were partially at fault for the accident. Your total award is simply reduced by your percentage of fault.

For example, if your total damages are $100,000 and you are found 30% at fault, you would recover $70,000. Even if you were 99% at fault, you could still recover 1% of your damages.

Insurance companies often try to exaggerate your share of fault to reduce what they owe you. An experienced attorney can fight back against these tactics. Learn more on our California comparative fault page.

The value of a personal injury case depends on several factors unique to your situation. California law allows you to recover two main types of damages:

Economic damages are your measurable financial losses, including medical bills (past and future), lost wages, loss of earning capacity, property damage, and out-of-pocket expenses. These are calculated using documentation like bills, pay stubs, and expert projections.

Non-economic damages compensate you for pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. These are more subjective and depend on the severity and permanence of your injuries and how they’ve affected your daily life.

In cases involving extreme recklessness or intentional harm, you may also recover punitive damages. Insurance policy limits may also affect your total recovery. Arnold Law Firm will conduct a thorough evaluation and fight to maximize your compensation. Call (916) 777-7777 for a free case evaluation.

In California, the statute of limitations for most personal injury cases is two years from the date of injury (California Code of Civil Procedure § 335.1). If you miss this deadline, you generally lose your right to sue.

However, there are important exceptions:

• Claims against government entities (cities, counties, state agencies) require filing an administrative claim within 6 months of the injury
• Medical malpractice claims must be filed within 1 year of discovering the injury, or 3 years from the date of injury, whichever comes first (Code of Civil Procedure § 340.5)
• Minors: The statute of limitations may be tolled (paused) until the child turns 18
• Discovery rule: In some cases, the clock doesn’t start until you discover—or reasonably should have discovered—the injury and its cause

Because these deadlines are strict and the exceptions are complex, consult an attorney immediately after your injury. Contact Arnold Law Firm at (916) 777-7777 for a free consultation.

A personal injury case arises when someone else’s negligence, recklessness, or intentional conduct causes you physical or emotional harm. Common examples include car accidents, slip-and-fall injuries, dog bites, defective products, and medical malpractice. To have a valid claim, you generally need to show that the other party owed you a duty of care, breached that duty, and that the breach caused your injuries.

If you’re unsure whether your situation qualifies, contact Arnold Law Firm for a free case evaluation.

Insurance adjusters are trained to minimize payouts. When they ask you for a recorded statement, they’re looking for anything they can twist to reduce or deny your claim.

Even innocent statements can be used against you. Saying “I’m okay” after a crash can be reframed as an admission that you weren’t injured. Adjusters may also ask the same question multiple ways to get you to make contradictory statements, admit partial fault, or downplay injury severity.

Do not provide a recorded statement to the other driver’s insurance company until you’ve spoken with an attorney. If they contact you, politely tell them to direct questions to your lawyer. Let your attorney handle all communications with the insurance company on your behalf.

There are several accident scenarios when having UM/UIM coverage may be useful.

Hit-and-Run Accidents

When the at-fault driver flees the scene of an accident, there may not be any available insurance for some time. In fact, only about 10 percent of all hit-and-run drivers are caught and held accountable.

Even when these drivers are caught, it is likely they do not carry insurance. This may be why they fled the scene of the accident in the first place.

No-Contact Accidents

A no-contact accident occurs when one driver causes an accident without ever damaging his or her vehicle. An example of this is if a driver runs you off the road, causing you to crash into a solid object, and then keeps going.

Even though you are not at fault for the collision, there is no other driver whose insurance you can file a claim with because the other driver likely has no idea the crash happened.

Accidents With Unlicensed or Undocumented Drivers

UM/UIM coverage may also be useful if you are injured in an accident with an unlicensed driver, as he or she most likely does not have insurance coverage.

Although undocumented immigrants can obtain a driver’s license in California, so they can purchase insurance, data shows that many cancel or downgrade their coverage shortly after paying their first premium.

Why You Should Carry More Uninsured/Underinsured Motorist Coverage in California

A police report serves several important functions in a personal injury claim:

It documents that the accident happened. If the at-fault driver or their insurance company later tries to deny the accident occurred, the police report is official proof.

It contains an officer’s preliminary findings. The report typically includes details about how the accident happened, road and weather conditions, witness statements, and sometimes the officer’s opinion on who was at fault. If the officer suspects intoxication, that will also be noted.

It preserves key information. The report includes insurance details, contact information for all parties, and witness contact information that may be critical to your case.

Even if police were not called to the scene, you can often file a report after the fact. Always obtain a copy of the police report and provide it to your attorney.

Despite California allowing undocumented immigrants to obtain a driver’s license (AB 60), some remain unlicensed and uninsured. If you’re injured in this scenario, you still have legal options.

Your primary remedy is filing a claim under your own Uninsured Motorist (UM) coverage, if you have it. UM is an optional add-on in California, so check your policy. You may also be able to sue the at-fault driver directly, though collecting a judgment may be difficult. In some cases, a third party (such as the driver’s employer or the owner of the vehicle) may share liability.

The immigration status of the at-fault driver does not prevent you from filing a personal injury claim. Contact Arnold Law Firm to discuss your options.

You should seek medical attention as soon as possible after any accident, ideally the same day or within 24–48 hours. This is important for two reasons.

First, it protects your health. Some injuries such as spinal cord injuries, internal bleeding, or concussions may not produce immediate symptoms. Adrenaline can mask pain for hours or even days.

Second, it protects your legal claim. If you delay treatment, the insurance company will argue that your injuries aren’t serious or weren’t caused by the accident. Prompt medical records create a clear link between the accident and your injuries, which is essential for proving causation.

If you don’t have a doctor, go to an urgent care clinic or emergency room. Keep all medical records and bills. Your attorney will use these to build your case.