Does the driver who hit your car in Anaheim always pay for the damages?
No, the driver who hit your car in Anaheim does not automatically pay for all damages. California uses a pure comparative negligence system, meaning each party involved in a crash can be assigned a percentage of fault.
If you were partly at fault for the collision, your compensation would be reduced by your percentage of responsibility. For example, if you are found 20% at fault, you could recover 80% of your total damages.
How long do you have to file a car accident claim in Anaheim?
You generally have two years to file a car accident lawsuit in Anaheim (Cal. Code Civ. Proc. § 335.1). This deadline starts from the date of the injury or death.
However, if the at-fault driver or entity was a city, county, or other public agency, you must present a written claim to that public entity within six months of the incident (Cal. Gov. Code § 911.2). This is a much shorter deadline and failure to meet it can bar your claim entirely.
The deadline is generally paused while an injured person is a minor under Cal. Code Civ. Proc. § 352. However, that pause does not apply to claims against public entities under the Government Claims Act, meaning minors must still meet the six-month deadline for government claims.
California law allows for recovery of several types of harm. These include economic damages like medical bills, lost wages, and property damage, as well as non-economic damages such as pain, suffering, disfigurement, and loss of enjoyment of life.
Where do you file a car accident lawsuit if you're injured in Anaheim?
A personal injury claim arising from a car accident in Anaheim is filed in the Superior Court of California, County of Orange. The main courthouse for civil cases in Orange County is the Central Justice Center, located at 700 Civic Center Dr W, Santa Ana, CA 92701.
This community is in Orange County, not Los Angeles County. This means your claim will be handled by the Orange County court system, and any public-entity claim process will follow Orange County procedures, which differ from Los Angeles County. Knowing the correct court and procedures is an important step when pursuing your claim.
What types of car accidents does Casa Legal Los Angeles handle in Anaheim?
Casa Legal Los Angeles helps people injured in many types of car accidents across Anaheim and Orange County. This includes rear-end collisions, T-bone accidents, sideswipes, and head-on crashes. We also handle incidents involving uninsured or underinsured motorists.
We work with drivers, passengers, pedestrians injured by cars, and cyclists. Sometimes car accidents lead to tragic outcomes. We also represent families in wrongful death claims that occur in Anaheim, seeking to recover financial and non-economic losses allowed by law.
Beyond standard car crashes, we also represent individuals injured in rideshare accidents involving companies like Uber and Lyft. These cases often involve complex insurance policies. During a ride, Uber and Lyft carry $1,000,000 in liability coverage; from January 1, 2026, the uninsured/underinsured limit for passengers is $60,000 per person and $300,000 per incident (Cal. Pub. Util. Code § 5433).
Our work also includes helping those injured in more specific incident types, like people hurt in pedestrian accidents in Anaheim or those involved in commercial truck accidents.
What should you do after an Anaheim car accident?
After a car accident in Anaheim, take these steps to protect your health and your rights:
- Ensure safety and seek medical attention. Move to a safe location if possible and immediately call 911 for emergency services. Even if you feel fine, get checked by paramedics or a doctor, as some injuries can appear later.
- Gather information at the scene. Exchange insurance and contact information with all drivers involved. Get names and numbers of any witnesses. Take photos and videos of the accident scene, vehicle damage, road conditions, traffic signals, and any visible injuries.
- Report the accident to your insurance company. Notify your own insurance company about the crash. Do not give a recorded statement to the other driver's insurance company without first speaking with an attorney.
- Avoid discussing fault or signing anything. Do not admit fault or sign any documents presented by other parties or their insurance adjusters. They may try to get you to sign a release that impacts your ability to recover full compensation.
- Contact a personal injury attorney. An attorney can help you understand your rights and the deadlines for filing a claim. A lawyer can handle communication with insurance companies and gather evidence on your behalf. For personal injury claims, you can contact Casa Legal Los Angeles for a free consultation.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles means we handle the legal process so you can focus on your recovery. We start by investigating your accident, gathering evidence, and identifying all responsible parties. This includes obtaining police reports, medical records, witness statements, and accident reconstruction data.
We communicate with insurance companies on your behalf, protecting you from tactics designed to minimize your claim. Our goal is to pursue the full compensation available under California law for your medical expenses, lost income, pain, and other damages. If a fair settlement cannot be reached through negotiation, we are prepared to take your case to court.
Our firm concentrates on personal injury and employment law, providing dedicated advocacy to those hurt by others' negligence. We serve clients across the region, including those in Carson and Agoura Hills, along with our Anaheim neighbors.
Frequently Asked Questions
Can you recover non-economic damages if you were uninsured in an Anaheim car accident?
No, under California's Proposition 213 (Cal. Civ. Code § 3333.4), an uninsured owner of a vehicle involved in an accident cannot recover non-economic damages like pain and suffering. This rule applies even if the other driver was at fault. However, you can still recover economic damages such as medical bills and lost wages. This rule does not bar uninsured passengers from recovering non-economic damages.
What if the government entity rejects your claim for an Anaheim car accident?
If a government entity in Anaheim rejects your claim, you then have six months from the date the rejection notice was mailed to you to file a lawsuit (Cal. Gov. Code § 945.6(a)(1)). If the government entity does not respond to your claim within 45 days, it is deemed rejected, and you generally have two years from the accrual of the cause of action to file a lawsuit (Cal. Gov. Code § 912.4, Cal. Gov. Code § 945.6(a)(2)).
Does comparative negligence affect your car accident claim in Anaheim?
Yes, California follows a pure comparative negligence rule, established by *Li v. Yellow Cab Co.* Your percentage of fault directly reduces the amount of compensation you can recover. For instance, if your total damages are $100,000 and you are found 25% at fault, you can only recover $75,000 of your damages. This means even if you share some blame, you can still recover a portion of your losses.
Do you need to go to court for a car accident claim in Orange County?
Not all car accident claims in Orange County end up in court. Many cases are settled through negotiations with the insurance companies involved. However, if negotiations do not result in a fair settlement, filing a lawsuit and proceeding to trial in the Superior Court of California, County of Orange, may be necessary to pursue the compensation you deserve.
If you or a loved one were injured in a car accident in Anaheim, call Casa Legal Los Angeles at 888-585-2529 for a free consultation. No attorney's fees unless we win — and no case costs either.