Bianca Babaians
The case you file after a California car accident is usually a personal injury claim based on negligence, brought against the at-fault driver’s insurer. Depending on the facts, it can instead be a property-damage claim, a wrongful death claim, or an uninsured/underinsured motorist (UM/UIM) claim under your own policy. A lawsuit is filed only if the insurer disputes fault or won’t pay fairly. Babaians Law Firm represents injured people in San Jose and throughout Santa Clara County on contingency: no fee unless we recover compensation for you, and your first consultation is free. Call (818) 334-2981; we answer 24/7 and hablamos español.
It depends on who was hurt, who was at fault, and what insurance is available:
Knowing which fits your facts early can affect what you recover, because each has different deadlines and coverage sources.
No. Most car accident cases resolve as insurance claims without a lawsuit. A lawsuit is filed when the insurer disputes fault, denies the claim, or offers less than the claim is worth, and the deadline to file it (below) keeps running while you negotiate.
Yes, if anyone was hurt, if fault is disputed, if a commercial vehicle or rideshare was involved, if the other driver was uninsured, or if an insurer has made an offer you are unsure about. A minor fender-bender with no injuries and a cooperative insurer may not need one. A lawyer identifies every source of compensation, handles the adjusters, and keeps you from settling before your injuries and costs are known.
Get medical care first, then protect the evidence.
Generally two years from the date of injury to file a personal injury lawsuit (Code of Civil Procedure § 335.1). If a government entity such as the City of San José, Santa Clara County, VTA or Caltrans may share fault, for example because of a road defect, you generally must present a claim within six months. Property damage claims have their own, longer deadline [confirm: CCP § 338, three years]. Negotiating with an insurer does not pause any of these deadlines. See our California statute of limitations guide.
You file against your own uninsured or underinsured motorist coverage. California’s minimum liability limits rose to $30,000 per person, $60,000 per accident and $15,000 for property damage on January 1, 2025, but some policies still carry the older, lower limits until they renew, and even the new minimums can fall short of serious injuries. Read more on uninsured motorist claims and underinsured motorist claims.
You can still recover. California uses pure comparative negligence: your compensation is reduced by your percentage of fault but not eliminated. Insurers often try to push that percentage higher, so keep your photos, witness details and medical records and avoid guessing about fault in any statement.
Simple property-damage claims can resolve in weeks; injury claims usually take months because insurers wait until treatment is complete before valuing damages [firm estimate; attorney to confirm]. California regulations require an insurer to acknowledge a claim within 15 calendar days and to accept or deny it within 40 calendar days of receiving proof of claim; that deadline is for a decision, not a final settlement. Our guides: how long insurance claims take in California and the car accident settlement timeline.
Expect early contact from an adjuster, a request for a recorded statement, a quick settlement offer, and arguments that you were partly at fault. First offers are often made before the full cost of your injuries is known. Before you respond to any insurer, read what never to say to an insurance adjuster.
According to the City of San José’s Vision Zero program, the three violations most often behind fatal and severe-injury crashes are speeding, unsafe turning and red-light running. The city has designated Priority Safety Corridors, the major streets where a disproportionately high number of deaths and severe injuries have occurred, and its 2025 Vision Zero Action Plan sets a goal of cutting deaths and severe injuries by 30% over five years. Freight and commuter traffic on 101, 280, 680 and 880 add high-speed collision risk. Where and how a crash happened affects who investigated, which agency controls the road, and who else may share responsibility.
We investigate the crash, gather and preserve evidence, handle all communication with adjusters, and negotiate for a settlement that reflects the full cost of your injuries. If an insurer will not offer a fair amount, we are prepared to file suit. We work on contingency: no fee unless we recover compensation for you [state the fee percentage and cost handling in plain language]. We serve San Jose and Santa Clara County clients [state accurately how clients are met: phone, video, in person, or at home or hospital; the firm’s listed offices are in Montrose, Long Beach and Sacramento].
Call or text (818) 334-2981 or request a free case evaluation. Hablamos español.
Personal injury lawyer San Jose · Truck accident lawyer San Jose · Motorcycle accident lawyer San Jose
Usually a personal injury claim based on negligence. Depending on the facts, it may instead be a property-damage claim, a wrongful death claim, or a UM/UIM claim against your own policy.
No. Most cases resolve as insurance claims. A lawsuit is filed only when the insurer disputes fault or refuses to pay fairly.
If the at-fault driver has no insurance or too little, you file against your own uninsured or underinsured motorist coverage to recover.
Generally two years from the date of the crash. Claims against a government entity can have a six-month deadline.
California’s pure comparative negligence rule lets you recover even if you share fault, reduced by your percentage of responsibility.
We take on fewer cases to give every client the focus they deserve. Unlike high-volume firms where cases get lost in the shuffle, we prioritize quality over quantity, delivering the attention and results your case deserves. Experience the difference with our dedicated team.
Great female led personal injury firm with good results and settlements. I highly recommend this law firm for personal injury related matters in Los Angeles and California in general.
