Personal Injury Damages - are they community property?

I was in a car accident during marriage but my case has not settled yet, what is the character of the money I recover from the car accident?

Who gets the proceeds of a personal injury settlement depends on cause of action arose and the parties needs. What's important to know is that in the case of personal injury damages, the court has discretion to award the entire proceeds to the injured spouse. 

If it's undisputed that the accident happened, and therefore the cause of action arose, during marriage and prior to separation, then the proceeds of the settlement are community property.  (Marriage of Klug (2005) 130 Cal.App.4th 1389, 1398-1399.)    (Fam. Code §§ 780, 2603(a); Hogoboom & King, Cal. Prac. Guide Family L., Ch. 8-B, § 8:267.) 

The statutory characterization rules apply to all compensation for damages arising from tortious injury to protected personal interests regardless of the source of the payment, i.e., whether by the tortfeasor or the tortfeasor’s liability insurer. (Marriage of Klug, supra, 130 Cal.App.4th at 1397; Meighan v. Shore (1995) 34 Cal.App.4th 1025, 1034 [loss of consortium damages]; Hogoboom & King, supra, at § 8:268.) 

However, the general rule of equal division for community property is modified in the case of “community estate personal injury damages,” and shall be awarded to the injured spouse unless the Court finds that the economic conditions and needs of each party, the time elapsed since the damages recovery, and any other pertinent facts of the case, demonstrate that the interests of justice require another disposition.  (Fam. Code § 2603(b).)  If so, the Court may allocate the damages to each party as may be just, provided the injured spouse receives at least one-half the damages so allocated.  (Id.) 

If you have questions about personal injury damages in the context of divorce, please reach out to Amanda@gordonfamilylaw.com