Car Accident Laws in California
Car accidents in California range from fender benders on quiet streets to multi-vehicle pileups on freeways like I-5 and the 405. Whether you’re in Los Angeles, San Diego, or Sacramento, knowing your legal rights after a crash is essential. California’s car accident laws are designed to protect injured parties, but it’s important to understand how fault, compensation, and deadlines work in the state.
California Is an At-Fault State
California follows a fault-based system for car accidents. This means the person who caused the crash is financially responsible for the damages. If you’re injured, you have a few options:
- File a claim with your own insurance company
- File a third-party claim with the at-fault driver’s insurer
- File a personal injury lawsuit
California law allows you to seek compensation for both economic and non-economic damages.
Pure Comparative Negligence Rule
California applies the pure comparative negligence rule. Even if you were partially at fault for the crash, you can still recover compensation. However, your recovery will be reduced by your percentage of fault. For example, if you’re found 40% at fault and your total damages are $100,000, you can still recover $60,000.
Minimum Auto Insurance Requirements
California drivers must carry at least the following liability insurance coverage:
- $15,000 for bodily injury per person
- $30,000 for bodily injury per accident
- $5,000 for property damage
Uninsured and underinsured motorist coverage is not mandatory but must be offered. Because many California drivers are uninsured, it’s wise to carry UM/UIM coverage for added protection.
Time Limits for Filing a Claim
The statute of limitations for filing a personal injury lawsuit in California is two years from the date of the accident. If you are only claiming property damage, the deadline is three years. If the at-fault party is a government employee or agency, you must file a claim within six months of the crash.
When to Report a Car Accident
You must report a car accident to law enforcement in California if:
- Someone is injured or killed
- The property damage exceeds $1,000
In addition to contacting the police, you must file a report with the California Department of Motor Vehicles (DMV) within 10 days using Form SR-1.
What If the Other Driver Is Uninsured?
If the at-fault driver is uninsured or underinsured, you can file a claim through your uninsured motorist (UM) or underinsured motorist (UIM) coverage. This helps cover your medical bills and lost wages. Without this coverage, your only option may be to sue the other driver directly, but collecting payment may be difficult if they lack assets.
What Compensation Can I Recover?
In a successful car accident claim, you may be able to recover:
- Medical expenses (past and future)
- Lost wages and reduced earning ability
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
There is no cap on most personal injury damages in California, though punitive damages are only available in cases of gross negligence or intentional misconduct.
Can I File a Claim if I Was a Pedestrian or Cyclist?
Yes. Pedestrians and cyclists have the same right to compensation as drivers and passengers. If a motorist’s negligence caused your injury, you can file a personal injury claim or lawsuit. Be sure to document the accident with police reports, witness statements, and medical records.
Should I Hire a Car Accident Lawyer in California?
If your injuries are serious, if liability is disputed, or if the insurance company won’t pay, it’s a good idea to hire a car accident lawyer. An attorney can help negotiate your settlement, handle paperwork, and make sure your claim is filed on time. Most personal injury lawyers in California work on a contingency basis, so you pay nothing unless they win your case.