Filing a wrongful death claim after a fatal car accident in California starts with a police report, a Department of Motor Vehicles (DMV) report called an SR-1, and an insurance claim against the at-fault driver’s policy. A surviving spouse, child, or other close family member has two years from the date of death to file a lawsuit. Shorter deadlines apply when a government vehicle or a dangerous road condition contributed to the crash.
At Alexander Law Group, our San Jose wrongful death lawyers have guided Santa Clara County families through this exact process for more than five decades. Call 408-289-1776 to find out which steps apply to your situation.
Key Takeaways About Filing a Wrongful Death Claim After a Car Accident in California
- Filing a wrongful death claim after a fatal car accident starts with a police report and a DMV SR-1 report, not just a call to an insurance company.
- A surviving spouse, domestic partner, or child has two years from the date of death to file a wrongful death lawsuit in California.
- California’s pure comparative fault rule means a family can still recover money even if the driver who died shared some blame for the crash.
- A crash involving a government vehicle or a dangerous road condition carries a six-month deadline, far shorter than the standard two-year window.
- California raised its minimum auto insurance limits in 2025, but many fatal crashes still involve underinsured drivers, which makes a family’s own policy part of the claim.
What Happens When You Call Alexander Law Group After a Fatal Crash?
A call after a fatal crash starts with a review of the police report, the vehicles involved, and every insurance policy that could apply. We handle that review with the family rather than asking a grieving relative to track down paperwork alone.
Richard Alexander, our firm’s founder, has represented Northern California families in vehicle crash and wrongful death cases since 1971, including trials in Santa Clara County Superior Court. Nina Shapirshteyn, a partner at our firm, focuses her practice on wrongful death and motor vehicle cases involving disputes with insurance companies over what a family recovers.
Working With Santa Clara County Courts and Insurers
Our attorneys have negotiated with major auto insurers and tried cases in Santa Clara County Superior Court for decades. That background shapes how we approach the police report, the DMV filing, and the insurance claims that follow a fatal crash on local roads like Highway 101, the Almaden Expressway, or El Camino Real.
What Should You Do in the First Days After a Fatal Car Accident?
California law requires an SR-1 report filed with the DMV within 10 days of any crash involving a death, injury, or property damage over $1,000, and this applies regardless of fault. Requesting a copy of the police or California Highway Patrol (CHP) report comes next.
A family benefits from gathering specific information while it still exists. The following items tend to matter most in the first few weeks after a fatal crash:
- The collision report number and the name of the responding agency, whether local police or the CHP.
- Confirmation that an SR-1 report was filed with the DMV within 10 days.
- Contact information and policy numbers for every insurance company connected to the vehicles involved.
- Photos, dashcam footage, or witness names collected at or near the scene.
Vehicles get repaired or scrapped, dashcam footage gets overwritten, and witness memories fade within weeks. Gathering this information early protects a family’s ability to prove what happened later.
Who Can File a Wrongful Death Claim After a Fatal Car Accident in California?
A surviving spouse, domestic partner, or child holds the first right to file a wrongful death claim after a fatal car accident. California Code of Civil Procedure section 377.60 sets out this general order, along with other relatives who qualify when no closer family member survives.
When More Than One Family Member Has a Claim
A single crash sometimes creates more than one legal claim within the same family. A parent driving with two children may die while a surviving child recovers from injuries, which creates both a wrongful death claim and a personal injury claim from the same collision.
Sorting out who holds which claim, and how the claims relate to each other, becomes part of the early case review rather than something a family figures out alone.
What Insurance Policies Cover a Fatal Car Accident Claim?
A fatal car accident claim in California draws on more than one insurance policy at the same time. The at-fault driver’s liability coverage is usually the starting point, but it is often not the only source of recovery.
A thorough review looks at each of the following policies:
- The at-fault driver’s auto liability policy, which pays for injuries and death the driver caused.
- The family’s own uninsured and underinsured motorist (UM/UIM) coverage, which applies when the at-fault driver carries too little insurance or none.
- An umbrella policy held by the at-fault driver, if one exists, which adds coverage above the standard liability limits.
- A commercial or employer policy, when the at-fault driver was working or driving a company vehicle at the time of the crash.
Checking every available policy matters because liability limits alone rarely reflect the full value of a wrongful death claim.
Why Underinsured Drivers Complicate These Claims
California raised its minimum liability insurance requirements to 30/60/15 coverage starting January 1, 2025, up from the previous 15/30/5 limits. Even with that increase, a driver carrying only the state minimum often cannot cover the full value of a fatal crash, which is why a family’s own UM/UIM coverage plays a direct role in these claims.
Does Fault Still Matter If the Driver Who Died Made a Mistake Too?
California follows a pure comparative fault rule, so a family still recovers money even when the driver who died shares some responsibility for the crash. The Li v. Yellow Cab decision established this rule, which reduces a recovery based on each party’s share of fault rather than blocking it entirely.
How California’s Pure Comparative Fault Rule Works
An insurance company tries to assign as much fault as possible to the deceased driver, since that shifts payment away from its own policyholder. Fault gets measured as a percentage, and that percentage reduces, rather than eliminates, what a family recovers.
Several details shape how an insurer or a jury assigns fault after a fatal crash. Common factors include:
- Whether either driver was speeding, distracted, or using a phone at the time of the crash.
- Right of way violations, including running a red light or failing to yield.
- Road conditions, weather, and visibility at the time and location of the crash.
- Vehicle defects, such as brake failure or a tire blowout, that could point to a manufacturer instead of a driver.
What Deadlines Apply When a Government Vehicle or Road Defect Is Involved?
A crash connected to a government vehicle or a dangerous public road carries a six-month deadline instead of the standard two-year window. California Government Code section 911.2 requires a claim to be presented to the public entity within six months of the death before a lawsuit proceeds.
The table below compares the main deadlines that can apply after a fatal car accident in California.
| Deadline | Requirement | Statute |
| 10 days after the crash | File an SR-1 report with the DMV for a crash involving death, injury, or over $1,000 in property damage | Vehicle Code section 16000 |
| 6 months after the death | Present a claim to the public entity when a government vehicle or dangerous road condition contributed to the crash | Government Code section 911.2 |
| 2 years after the death | File a wrongful death lawsuit in California civil court | Code of Civil Procedure section 335.1 |
Examples From Santa Clara County Roads and Transit
A crash involving a Santa Clara Valley Transportation Authority (VTA) bus, a city-owned vehicle, or a road maintained by the California Department of Transportation (Caltrans) falls under this shorter deadline. Poorly designed intersections or a missing traffic signal near a light rail crossing also qualify as a dangerous condition of public property.
Families rarely know on day one whether a public entity contributed to a crash, which is one reason waiting several months to look into a claim can quietly close off an entire category of compensation.
What Should You Have Ready Before Talking to an Insurance Adjuster?
An insurance adjuster asks for specific information within the first call or two after a fatal crash. Having accurate answers ready protects a family from giving an incomplete or inconsistent account of what happened.
The following details come up early in an adjuster conversation:
- The police or CHP report number and the names of every driver and vehicle involved.
- The deceased person’s relationship to the person filing the claim.
- A general description of the deceased person’s income, occupation, and financial support to the family.
- Any communication already received from another insurance company connected to the crash.
An adjuster’s job includes minimizing what the insurance company pays, so a family benefits from treating early conversations carefully rather than as a routine formality.
How Long Do You Have to File a Wrongful Death Claim After a Car Accident in California?
California gives families two years from the date of death to file a wrongful death lawsuit under Code of Civil Procedure section 335.1, the same statute referenced in the table above. That general rule shifts to six months whenever a government entity contributed to the crash, as described earlier.
What Happens If You Miss the Deadline
A court dismisses a wrongful death claim filed after the applicable deadline passes, regardless of how strong the underlying evidence is. That outcome applies even when a family delayed simply because they were still grieving or did not know a claim existed.
FAQ for Filing a Wrongful Death Claim After a Fatal Car Accident in California
Do you need a lawyer to file a wrongful death claim after a car accident in California?
No, California law does not require a lawyer to file a wrongful death claim. An insurance company has its own legal team reviewing the claim from the first phone call, which is why many families still choose to have their own representation.
Can a family sue a rideshare driver like Uber or Lyft for a fatal accident in California?
Yes, a family could file a wrongful death claim against a rideshare driver and the rideshare company’s insurance policy. Coverage depends on whether the driver was logged into the app or carrying a passenger at the time of the crash.
Does a wrongful death claim cover a passenger who died in the same car as the at-fault driver?
Yes, a passenger’s family can file a wrongful death claim even when the driver of that same vehicle caused the crash. California law allows a claim against any driver whose fault contributed to the death, including one who shared the vehicle with the victim.
How much does it cost to hire a wrongful death lawyer after a car accident in California?
Most California wrongful death lawyers work on a contingency fee. A family typically pays no upfront cost, and the fee comes out of any settlement or verdict the case produces.
Can you still file a wrongful death claim if the police never identify who caused the crash?
Yes, a family can still pursue compensation through their own uninsured motorist coverage when the responsible driver is never identified. California law treats an unidentified hit-and-run driver the same as an uninsured driver for this purpose.
Talk to a Wrongful Death Lawyer in California About Your Claim
A fatal car accident claim rarely stays contained to one insurance company or one simple deadline, and the paperwork moves fast whether a family feels ready or not. Knowing which reports, policies, and deadlines apply early on protects the value of the claim later.
We review police reports, insurance policies, and government claim deadlines together for families across San Jose and Santa Clara County. Call 408-289-1776 to talk through what happened and find out what applies to your case.
