Borna Houman Law represents people hurt in car crashes in Santa Monica: drivers, passengers, rideshare riders, and families who lost someone. We do not represent insurance companies. If a crash on Lincoln, PCH, or the 10 put you in the emergency room, this page explains what the law gives you and what the insurer will try to take back.
Key Takeaway: After a Santa Monica car accident you have two years to sue under Code of Civil Procedure section 335.1, but only six months to file a claim when a City vehicle, a Big Blue Bus, or a road defect is involved. A lawyer costs nothing up front, and your recovery is reduced only by your own share of fault.
The insurance adjuster is not your friend. The adjuster’s job is to close your file for as little as possible, and the first call usually comes before you know how badly you are hurt. Borna Houman Law is rated 5.0 from 60 client reviews, and our office is at 2530 Wilshire Blvd in Santa Monica.
Call (888) 42-BORNA for a free consultation. No fee unless we win.
Is it worth suing after a car accident?
It is worth pursuing a car accident claim when your losses are larger than the insurer’s offer and there is insurance or a solvent defendant to pay. Most Santa Monica car accident claims settle with the insurance company and never reach a courtroom. Filing a lawsuit is the tool that makes a low offer move.
California follows pure comparative negligence under Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, which means you can recover even if you were partly at fault. A driver found 30 percent at fault for a $120,000 loss still recovers $84,000. The adjuster knows this rule and will still tell you that sharing blame ends your claim. It does not.
| What decides whether the claim is worth it | What helps you | What the insurer will use against you |
|---|---|---|
| Fault | Police report, witnesses, dash camera or store video | Any statement that you were distracted, speeding, or “fine” |
| Injury proof | Same day emergency care and consistent follow up | Gaps in treatment and prior injuries you did not mention |
| Insurance available | Commercial, rideshare, or employer coverage and your own UM/UIM | A minimum limits policy with no other source |
| Your own coverage | Being insured at the time of the crash | Civil Code section 3333.4, which bars pain and suffering for most uninsured drivers |
Under Civil Code section 3333.4, a driver who had no insurance at the time of the crash generally cannot recover non-economic damages, even when the other driver was completely at fault. Medical bills and lost wages are still recoverable.
Not sure whether your claim is worth the fight? Call (888) 42-BORNA and we will tell you plainly.
How much do accident attorneys charge in California?
Car accident attorneys in California work on a contingency fee, typically 33 and one third percent of the recovery if the claim settles before a lawsuit and 40 percent once litigation begins. You pay nothing up front and nothing if there is no recovery. The firm advances the case costs and is repaid from the settlement.
The percentage is not set by law for an ordinary injury case, and it is negotiable. What matters as much as the percentage is whether the fee is calculated before or after costs come out, which we break down dollar for dollar in our guide to the personal injury lawyer contingency fee in California.
In our experience representing injured drivers on the Westside, the fee is rarely the thing to worry about. Ask whether the lawyer will actually file suit when the insurer refuses to pay, and ask it before you sign anything. Our number is (888) 42-BORNA.
What is the typical settlement for a car accident in California?
There is no reliable typical settlement for a California car accident, because value depends on fault, the severity of the injury, and how much insurance is available. Insurance limits are usually the practical ceiling. California’s minimum auto liability limits rose on January 1, 2025 to $30,000 per person, $60,000 per accident, and $15,000 for property damage under Vehicle Code section 16056.
A serious injury caused by a driver carrying the minimum is a $30,000 claim unless another layer of coverage can be reached. Finding those layers is most of the work.
| Coverage layer | Where it comes from | The number to know |
|---|---|---|
| At-fault driver’s liability policy | The other driver’s insurer | $30,000 per person and $60,000 per accident at the legal minimum |
| Rideshare policy | Uber or Lyft, when a ride was accepted or a passenger was on board | $1,000,000 under Public Utilities Code section 5433 |
| Employer or commercial policy | A driver who was working at the time of the crash | Usually far above the personal minimum |
| Uninsured and underinsured motorist coverage | Your own policy, under Insurance Code section 11580.2 | Up to the UM/UIM limit you bought |
| Medical payments coverage | Your own policy, regardless of fault | The limit you bought, often a few thousand dollars |
A rideshare driver who has accepted a ride is covered by $1,000,000 in liability insurance under Public Utilities Code section 5433. Your own uninsured motorist coverage under Insurance Code section 11580.2 pays when the other driver has no insurance or flees. The California DMV insurance requirements page lists the current minimums.
For the ranges that injury type and policy limits actually produce, read our breakdown of the average car accident settlement in California. If a rideshare vehicle was involved, see our Uber accident lawyer page. No lawyer can promise you a number, and no past result predicts yours.
We will identify every policy that applies to your crash. Call (888) 42-BORNA for a free consultation.
What is the first thing you do after a car accident?
The first thing to do after a car accident is call 911 and get medical care, then document the scene before the cars are moved. In Santa Monica the responding agency on city streets is the Santa Monica Police Department at 333 Olympic Drive, and the report it writes becomes the first exhibit in your claim.
- Call 911. Ask for police and paramedics. A crash with injuries requires a report.
- Get examined the same day. Providence Saint John’s Health Center on Santa Monica Boulevard and UCLA Health Santa Monica Medical Center on 16th Street both run emergency departments.
- Photograph everything. Vehicle positions, damage, skid marks, the signal, and the other driver’s license, plate, and insurance card.
- Get witness names. Santa Monica intersections are full of people who saw it and will be gone in five minutes.
- Say nothing to the other insurer. No recorded statement and no medical authorization until you have spoken with a lawyer.
Our step by step guide to the steps to take after an accident covers the days that follow, and our post on what not to say to an insurance adjuster covers the call you are about to get.
How long after a car accident in CA can you still report it?
California gives you 24 hours to report an injury crash to police if no officer took a report, 10 days to report it to the DMV, and two years to file a lawsuit. Each deadline is separate, and missing one does not excuse the others.
| What must be done | Deadline | Authority |
|---|---|---|
| Written report to police or CHP when someone was injured or killed and no officer took a report | 24 hours | Vehicle Code section 20008 |
| SR-1 report to the DMV when anyone was injured or killed or property damage exceeds $1,000 | 10 days | Vehicle Code section 16000 |
| Claim against the City of Santa Monica, Big Blue Bus, or another public entity | 6 months | Government Code section 911.2 |
| Lawsuit for personal injury or wrongful death | 2 years | Code of Civil Procedure section 335.1 |
| Lawsuit for vehicle and other property damage | 3 years | Code of Civil Procedure section 338 |
A driver in a crash that injures or kills someone must file a written report within 24 hours under Vehicle Code section 20008 if police did not take one at the scene. Vehicle Code section 16000 requires the DMV report within 10 days when there is an injury, a death, or more than $1,000 in property damage.
The lawsuit deadline is two years from the date of injury under Code of Civil Procedure section 335.1. The California Courts publish a plain language summary of the deadlines to sue. Do not treat two years as comfortable. Video is overwritten in days and witnesses move.
If you are close to any of these deadlines, call (888) 42-BORNA today.
What not to tell the attorney?
There is nothing you should hold back from your own attorney. What you tell your lawyer is privileged under Evidence Code section 954, and the facts you hide are the facts the defense finds first.
Tell us about the old back injury, the prior claim, the ticket, and the two drinks at dinner. We can deal with a bad fact we know about. We cannot deal with one that surfaces for the first time at your deposition.
The people to be careful with are the adjusters. Do not guess at speeds or distances, do not say you are fine, and do not post about the crash. Defense lawyers routinely ask for social media in injury cases, and a photo from a weekend hike will be shown to the jury.
Where do car accidents happen in Santa Monica?
Santa Monica car accidents concentrate on the corridors that carry regional traffic through a dense beach city: Pacific Coast Highway, Lincoln Boulevard, Ocean Avenue, Wilshire Boulevard, Pico Boulevard, Olympic Boulevard, and the end of the 10 freeway at the McClure Tunnel. Visitors who do not know the streets share those roads with commuters, buses, cyclists, and scooters.
We handle crashes in every part of the city, including Downtown and the blocks around 4th Street and Broadway, Ocean Park, Sunset Park, the Pico neighborhood, Mid-City, Wilshire-Montana, and North of Montana. The pattern changes by street:
- PCH and the McClure Tunnel: high speed rear-end collisions where freeway traffic meets beach traffic.
- Lincoln, Pico, and Olympic: left turn and red light T-bone crashes at signalized intersections.
- Downtown and Main Street: parking structure and parking lot accidents and low speed impacts with real injuries.
- Ocean Avenue and Wilshire at night: drunk driving crashes and drivers who leave the scene.
Who owns the road matters. Pacific Coast Highway is a state highway, while most other streets belong to the City of Santa Monica, and the owner decides where a road defect claim is sent. If the other driver fled, see our hit and run accident page.
Tell us where it happened. Call (888) 42-BORNA.
What if a City vehicle, a Big Blue Bus, or a bad road caused the crash?
A crash caused by a City of Santa Monica vehicle, a Big Blue Bus, or a dangerous road condition requires a written government claim within six months under Government Code section 911.2. This is the deadline that ends more good cases than any other, because it runs out long before the two year lawsuit deadline.
Once the public entity rejects the claim in writing, Government Code section 945.6 gives you six months from that notice to file suit. A public entity can also be liable for a dangerous condition of its property, such as a hidden signal or a missing sign, under Government Code section 835.
The Big Blue Bus is operated by the City of Santa Monica. Metro buses belong to a different public agency with its own claim form. Our bus accident lawyer page explains both. If a government vehicle was involved in your crash, call (888) 42-BORNA today.
Representative scenarios
The examples below are representative scenarios that show how these rules apply. They are not past results of this firm, and they do not predict the outcome of any case.
- Representative scenario, rear-end crash on PCH: a driver stopped in beach traffic is hit from behind and needs a cervical fusion. The at-fault driver carries $30,000. The claim grows only because the injured driver bought $250,000 in underinsured motorist coverage, which pays the difference above the at-fault driver’s limit.
- Representative scenario, left turn on Lincoln: a driver turning left is struck by a car that ran a late yellow. A jury assigns the turning driver 30 percent of the fault. On a $120,000 loss, the recovery is $84,000.
- Representative scenario, Big Blue Bus sideswipe: a passenger in a car sideswiped by a city bus waits eight months to call a lawyer. The six month government claim deadline has passed, and the claim survives only if a late claim application is granted.
How our Santa Monica car accident cases run
Every car accident case at Borna Houman Law is handled by the attorney whose name is on the door. Borna Houman is the founding attorney of Borna Houman Law, admitted to the California Bar under number 352339, practicing from 2530 Wilshire Blvd in Santa Monica.
We send preservation letters for video in the first week, because businesses along Wilshire and Lincoln overwrite their cameras fast. We collect the Santa Monica Police Department report, your medical records, and every insurance policy that could apply. Then we send a demand with the evidence attached.
If the insurer will not pay what the case is worth, we file in Los Angeles Superior Court. Santa Monica injury cases are heard at the Santa Monica Courthouse at 1725 Main Street or at the Stanley Mosk Courthouse downtown, depending on the court’s assignment. In our experience, a claim typically resolves four to nine months after treatment ends, and a filed case takes 18 to 30 months to reach trial.
We also handle motorcycle, truck, pedestrian, and bicycle accident cases. Speak with the attorney directly at (888) 42-BORNA.
Frequently asked questions about Santa Monica car accidents
Do I need a lawyer for a minor car accident in Santa Monica?
Not always. If no one was hurt and the only loss is vehicle damage, you can usually resolve it with the insurer yourself. Call a lawyer if you have any pain, if fault is disputed, or if the adjuster asks for a recorded statement. Soft tissue and head injuries often show up days later.
What if the other driver left the scene?
Your own uninsured motorist coverage can pay for a hit and run. Insurance Code section 11580.2 requires physical contact with the fleeing vehicle and a report to police within 24 hours, so report it to the Santa Monica Police Department the same day. Then notify your own insurer in writing.
What if I was partly at fault for the crash?
You can still recover. California’s pure comparative negligence rule reduces your damages by your percentage of fault and nothing more. A driver who is 30 percent at fault recovers 70 percent of the loss.
Can a passenger bring a car accident claim?
Yes. A passenger is almost never at fault and can claim against the driver of either vehicle, including the driver of the car the passenger was riding in. Rideshare passengers are covered by the $1,000,000 policy that applies during a trip.
How long does a Santa Monica car accident case take?
A claim that settles without a lawsuit typically resolves four to nine months after medical treatment ends. A case that is filed in court usually takes 18 to 30 months to reach trial. Settling before you finish treatment is the most common way people leave money behind.
Will I have to go to court?
Probably not. Most car accident claims settle before trial, and many settle before a lawsuit is filed. Preparing every case as if it will be tried is what produces those settlements.
Have a question we did not answer? Call (888) 42-BORNA.
Talk to a Santa Monica car accident lawyer
A settlement is final. Once you sign the release you cannot go back for more, so the claim has to be valued correctly the first time. Borna Houman Law will fight for you, pursue maximum compensation under every policy that applies, and charge no fee unless we win.
Our office is at 2530 Wilshire Blvd, Santa Monica, CA 90403. Learn more about our work as your Santa Monica personal injury lawyer, or see all of our Los Angeles personal injury practice areas.
Call (888) 42-BORNA for a free consultation.
This page provides general information about California law and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and no result is guaranteed.