Plain-English breakdown of every insurance type, deadline, and conversation tactic you need after a California car accident.
| Coverage | What It Is | Who Pays | Typical Limits |
|---|---|---|---|
| MedPay | Medical Payments coverage on YOUR policy. Pays regardless of fault. What you owe depends on your policy and is confirmed in writing before your first visit. | Your insurer | Varies by policy |
| Liability (BI) | Bodily Injury coverage on the OTHER driver's policy. Only applies if they're at fault. | At-fault driver's insurer | $30K – $300K+ (minimum $30K per person) |
| UM/UIM | Uninsured/Underinsured Motorist on YOUR policy. Covers you if the other driver has no insurance or not enough. | Your insurer | Matches your BI limits |
| Lien-Based | Your provider treats you now and gets paid later from your settlement. Your cost is confirmed in writing first. | Settlement proceeds | No cap |
The $30K minimum applies to policies issued or renewed on or after January 1, 2025. Source: California Vehicle Code § 16056(a)(2). Last checked September 23, 2026.
Which one should you use first? MedPay is the fastest — it pays your provider directly without waiting for fault determination. Use it first while liability sorts itself out. If you don't have MedPay, lien-based treatment means the bill is paid from your settlement when the claim resolves, not at each visit. Full insurance breakdown here. How medical liens work, in plain terms.
California's time limit to file a lawsuit for a personal injury is two years.
If a city, county, state or other public entity is involved, for example one of its vehicles hit you, a written claim for personal injury must be presented to that public entity within six months. Presenting this claim is a separate step from filing a lawsuit, which has its own deadline.
This is general information, not legal advice. An attorney can tell you which time limits apply to you. Last checked September 23, 2026.
These are our recommendations, not legal deadlines. Your own policy sets its own notice terms, so check it.
The adjuster is not your advocate. They work for the insurance company. Their job is to minimize what the company pays. Be polite, be factual, and keep it brief.
"I was involved in a car accident on [date] at [location]."
"I am receiving medical treatment."
"I'd prefer to discuss the details after I've completed my evaluation."
"Please send me that in writing."
"I'm feeling fine" or "It's not that bad."
"I think I might be partly at fault."
"Sure, I'll give a recorded statement."
"I'll accept your offer" (without reviewing it first).
"Thank you for reaching out. I'm currently under medical care and I'm not comfortable providing a recorded statement at this time. I'll be happy to cooperate once my evaluation is complete. Please send any requests in writing to [your email]."
"I appreciate the offer. However, I'm still receiving treatment and don't yet know the full extent of my injuries or medical costs. I'll need to review any settlement offer in writing after my treatment is complete."
Never accept a settlement before your treatment is finished. Once you sign a release, you can't go back for more — even if your injuries turn out to be worse than you initially thought.
Exchange info. Take photos. File a police report. Report accident to YOUR insurance (not the other driver's).
Get evaluated — even if you feel fine. Document everything. Start the medical record from Day 1.
Begin treatment. Track symptoms daily. Your provider handles insurance billing directly (MedPay or lien).
Continue treatment per your care plan. Keep all appointments — missed visits create gaps the adjuster will exploit. Decline early settlement offers.
Your provider issues a final report. Total medical costs are calculated. If you have an attorney, they negotiate. If not, you can negotiate directly or consult one.
Review any offer in full. Make sure it covers ALL medical costs, future care needs, and lost wages. Get a second opinion if unsure.
You still have options. If the other driver was at fault, their liability coverage pays for your treatment regardless of your own insurance status. If fault is unclear or you need treatment now, lien-based providers like Oakland Accident Care can treat you on a lien — your treatment is paid from the eventual settlement, and your cost is confirmed in writing first.
Undocumented status does not affect your right to treatment or compensation in California. Your immigration status is irrelevant to your auto insurance claim. Your medical records are protected by HIPAA.
If the other driver was uninsured too: California's Uninsured Motorist fund may provide a coverage pathway.
We bill MedPay directly and accept liens. You focus on recovering — we handle the paperwork.
Apply for Care → Or call nowLeave your first name and phone number and the clinic will call you back within 30 minutes during clinic hours; outside clinic hours, first thing the next morning. You don't need to do this to use the cheat sheet.
We accept MedPay, liens, and auto insurance. Your cost confirmed in writing before care begins. Same-day appointments.
Apply for Care →Oakland Accident Care · 435 8th Street, Suite 203, Oakland, CA 94607
(510) 606-0007 · oaklandaccidentcare@gmail.com
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This site is general information, not medical or legal advice. If you are having a medical emergency, call 911.