Property Damage Claim in California: How to File and What You Can Recover

Updated October 15, 2026

Originally published February 20, 2018

The tow truck is gone, your car is in a lot somewhere, and the insurance calls have started. Here is the short version of how a property damage claim works in California: the driver who caused the crash is responsible for the damage to your car, and you have several ways to collect. The hard part is getting a fair amount without being worn down along the way.

This guide walks through who pays, what you can recover, the deadlines insurers must follow, and the mistakes that cost people money. If you were hurt too, read it alongside our guide on what to do after a car accident in San Diego.

What Is a Property Damage Claim?

A property damage claim is a request for payment for what the crash damaged, mainly your vehicle. It is separate from a personal injury claim, which covers medical bills, lost income, and pain and suffering. The two come out of the same crash, but they are handled and valued differently.

Who Pays for the Damage to Your Car?

California is an at-fault state. The driver who caused the crash is responsible, and that driver’s insurance is supposed to pay. You usually have three routes:

1. File with the at-fault driver’s insurer. This is the direct route, but you are dealing with a company whose adjuster is looking to pay less.
2. Use your own collision coverage. Your insurer pays you, minus your deductible, and then may recover from the at-fault driver’s insurer. This is called subrogation. Ask your insurer to recover your deductible too.
3. Use your uninsured motorist coverage, if you have it. This matters when the other driver has no insurance or flees the scene.

One thing worth knowing: California’s minimum property damage liability limit rose to $15,000 per accident on January 1, 2025. Many drivers carry only the minimum, and a late-model car can be worth more than that.

What to Do in the First Days

1. Check for injuries and get medical care. Adrenaline can hide pain for hours or days. Even a sore neck counts.
2. Get the police report and exchange names, license numbers, and insurance details with the other driver. Collect witness contact information.
3. Take photos and video of the damage, the scene, and any visible injuries.
4. Don’t admit fault or sign anything at the scene.
5. Report the accident to your insurer promptly. A late report can give them a reason to deny coverage.
6. Get your own repair estimate. You don’t have to accept the adjuster’s number.

What You Can Recover

• Repairs, or the value of your car if it’s totaled.
• Towing and storage fees.
• A rental car or loss of use while yours is being repaired or replaced.
• Damaged personal property inside the car, such as a car seat, laptop, glasses, or tools of your trade.
• Diminished value. A repaired car with an accident history is worth less than one without. California allows a claim for that loss against the at-fault driver in many cases, but your own collision coverage generally won’t pay it.

You usually get one shot at the full claim, so list everything before you settle.

Repair or Total Loss?

If repairs cost more than the car is worth, the insurer will total it. According to the California Department of Insurance, a fair total loss settlement reflects the value of a comparable vehicle of like kind and quality, and it includes taxes, license, and transfer fees.

If the car is repaired, a few rules protect you:

• You choose the repair shop. The insurer can recommend one, but it can’t require it.
• Replacement parts must be comparable to original manufacturer parts in kind, quality, safety, fit, and performance, and the repair invoice must say which type of parts were used.
• Rental coverage depends on your policy, which usually caps the daily amount and the number of days. Claims against the at-fault driver can reach further.

How Fault Changes What You Collect

California follows pure comparative negligence. Fault can be divided between drivers, and your recovery is reduced by your share. If you’re found 20% at fault on a $10,000 repair, you recover $8,000. That makes the fault fight important. Adjusters often try to shift a little blame onto you, because every percentage point comes straight off the payout.

The Deadlines Insurers Have to Meet

California’s fair claims rules put the insurer on a clock. According to the Department of Insurance, the insurer must:

• Acknowledge your claim and start investigating within 15 days of notice.
• Accept or deny the claim within 40 days of receiving proof of claim.
• Pay within 30 days of reaching a settlement.

If you aren’t hearing back after about two weeks, follow up in writing. If the insurer keeps missing these deadlines, you can complain to the Department of Insurance at 1-800-927-4357.

What If the Other Driver Is Uninsured or Drives Away?

Report it to the police right away and tell your insurer. If you have uninsured motorist coverage, it can cover your injuries, and in some policies your vehicle damage. Without it, your own collision coverage is usually the fastest way to get your car fixed, and you can still go after the other driver if they’re found. Hit-and-run cases have their own reporting rules and time limits, so get advice early.

Should You Talk to the At-Fault Driver’s Insurer?

You can, but you don’t have to, and many people shouldn’t. That adjuster works for the other side. If you do talk, stick to facts, skip any guesses about fault or injuries, and decline a recorded statement until you’ve gotten advice. Letting your own insurer handle the first round is often safer, especially if you may have been hurt.

Report the Accident to the DMV Too

This is separate from your insurance claim. Under Vehicle Code section 16000, you must file an SR-1 report with the DMV within 10 days if anyone was injured or killed, or if the property damage is more than $1,000. Both drivers must file, even if one was clearly not at fault. Skipping it can lead to a license suspension.

How Long Do You Have to File?

You generally have three years from the crash to file a lawsuit for property damage, and two years for personal injury. Your own policy sets a much shorter window to report the accident, which is why you should do that right away. If a government vehicle or a road hazard was involved, a claim against the agency may have to be filed within six months.

Mistakes That Cost People Money

• Accepting the first offer without getting a second estimate or checking the car’s value.
• Giving a recorded statement to the other driver’s insurer.
• Saying “I’m fine” before you’ve been checked out.
• Forgetting the items inside the car and the rental costs.
• Signing a release before every part of the claim is accounted for.

When to Bring in a Lawyer

You may not need one for a simple claim. Call a lawyer if you were hurt, fault is disputed, your car was totaled and the offer is low, or the insurer is stalling. We explain how that works in our guide on whether a personal injury lawyer will handle your property damage claim. If you want to understand the injury side of a settlement, see our average car accident settlement guide.

Batta Fulkerson has recovered nearly $250 million for injured clients with a 98% success rate across more than 15,000 cases, and San Diego has voted us its favorite personal injury firm. We’re open 24 hours, and you’ll talk to a real person who knows your name. Learn more about our San Diego car accident lawyers.

Been in a crash and dealing with the insurance company? Call (619) 333-5555 or use our free case review form. No fees unless we win.

Frequently Asked Questions

How do I file a property damage claim after a car accident in California?

Report the accident to your own insurer, collect the police report and photos, and either file with the at-fault driver’s insurer or let your own company pay and seek reimbursement. Keep every estimate, receipt, and repair record as you go.

Who pays for my car if the other driver was at fault?

The at-fault driver’s liability insurance should pay for your repairs or the value of your car. If that insurer denies or delays, you can use your own collision coverage, if you have it, and let your insurer pursue the other company.

What can I recover in a property damage claim?

You can generally recover repair costs or the value of your car if it’s totaled, towing and storage, a rental or loss-of-use costs, and damaged personal items such as a car seat or laptop. In many cases you can also claim the drop in your car’s value after repairs.

How long does an insurance company have to respond to a claim in California?

Under California’s fair claims rules, the insurer must acknowledge a claim within 15 days, accept or deny it within 40 days of receiving proof of claim, and pay within 30 days of reaching a settlement. Missing these deadlines is something you can report to the Department of Insurance.

Do I have to report a car accident to the DMV?

Yes, if anyone was injured or killed or if the property damage is more than $1,000. You must file the SR-1 form within 10 days of the accident, and you must file it even if the other driver was at fault.

How long do I have to file a property damage lawsuit in California?

Generally three years from the date of the crash. Personal injury claims have a shorter two-year deadline, and claims against a government agency can have much shorter ones, so act quickly.