California car accident laws require you to stop after a crash, exchange contact and insurance information, and document what happened. If the crash causes injury, death, or more than $1,000 in property damage, you must file an SR-1 form with the DMV within 10 days.
California drivers must have at least $15,000 in coverage for one injured person, $30,000 for all injuries in one accident, and $5,000 for property damage.
California uses a “pure comparative negligence” rule. This means you can still recover money even if you were partly at fault, but your compensation is reduced by your percentage of fault. For example, if you were 25% at fault, your recovery would be reduced by 25%.
Keep copies of photos, police reports, medical records, repair estimates, and insurance communications. Notify your insurance company as soon as possible, and be aware of deadlines for filing an insurance claim or lawsuit.
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Key Takeaways
- California follows a “pure comparative negligence” rule. This means your compensation can be reduced by the percentage of fault assigned to you. For example, if you are 20% at fault, you may recover 80% of your damages.
- California drivers must carry at least $15,000 in bodily injury coverage for one person, $30,000 for injuries in one accident, and $5,000 for property damage.
- You must file an SR-1 report with the California DMV within 10 days if a crash causes injury, death, or more than $1,000 in property damage.
- Protect your claim by taking photos of the scene and vehicles, exchanging insurance and contact information, getting witness contact details, and notifying your insurance company promptly.
- In most cases, you have two years to file an injury lawsuit and three years to file a property-damage lawsuit. Claims against a government agency may have much shorter deadlines.
California Car Accident Laws: Key Rules
California car accident laws decide who’s responsible for a crash, what insurance may cover, and whether you can seek payment for your injuries and other losses.
California uses a “pure comparative negligence” rule. This means you may still recover money even if you were partly at fault. However, your compensation is reduced by your share of the blame. For example, if you’re 20% at fault, your damages may be reduced by 20%.
California drivers must carry at least $15,000 in liability insurance for one injured person, $30,000 total for injuries in one accident, and $5,000 for property damage.
Drivers must also follow traffic laws, keep their vehicles reasonably safe, and avoid unsafe behavior. Evidence such as poor road conditions, vehicle defects, maintenance records, and emergency response reports can affect who’s at fault and how much a claim may be worth.
What to Do After a California Crash
After a crash, take quick, careful steps to stay safe, protect evidence, and follow California rules. If you can, move to a safe place. Check for injuries and call 911 if anyone needs medical care or the scene is dangerous.
Your safety comes first: move to a safe location if possible, check for injuries, and call 911 when emergency help is needed.
Exchange your name, contact information, driver’s license, insurance details, and vehicle information with the other driver. Don’t admit fault or argue about who caused the crash.
Take photos or videos of the vehicles, damage, road conditions, traffic lights or signs, injuries, and debris. Get the names and contact information of any witnesses. Save dashcam footage, damaged items, receipts, and other records.
See a doctor as soon as you can, even if your injuries seem minor at first. Avoid discussing blame with insurance companies until you understand your injuries and the facts of the crash. Keep records of your symptoms, medical visits, expenses, and missed work.
When Must You Report a California Crash?
Once everyone is safe and you’ve exchanged information, make sure you follow California’s reporting rules.
Call law enforcement right away if the crash causes an injury, death, or property damage that requires a police response.
You must also file an SR-1 form with the California DMV within 10 days if:
- Anyone was injured or killed, or
- Property damage was more than $1,000.
These rules apply even if the crash wasn’t your fault. Usually, the driver must file the SR-1, but the vehicle owner may also have responsibilities. Missing the deadline can lead to a suspended driver’s license.
How to Notify Your Insurer After a Crash
Notify your auto insurer as soon as you can after a crash. Do this even if you think the other driver was at fault or you do not plan to file a claim.
Check your policy for any deadline to report an accident. You can usually report it by phone, through the insurer’s app, or online.
Stick to the facts. Share what happened, save photos and other evidence, and do not guess about who was at fault. Working with your insurer can help protect your rights and let it investigate the crash quickly.
| Step | What to provide | Why it matters |
|---|---|---|
| Report the crash | Date, time, location, and names of everyone involved | Starts your claim file |
| Save evidence | Photos, police report, and contact information for witnesses | Helps show what happened |
| Follow up | Any records or information your insurer requests | Helps keep the review moving |
What Car Insurance Does California Require?
California requires drivers to show they can pay for injuries or damage they cause in a car accident. Most people meet this requirement by buying liability insurance.
At a minimum, your policy must cover:
- $30,000 for injuries to one person
- $60,000 total for injuries in one accident
- $15,000 for damage to other people’s property
Instead of insurance, California allows a few other options, such as a cash deposit, surety bond, or self-insurance certificate.
Liability insurance pays for the other person’s injuries or property damage if you cause a crash. It doesn’t pay for your own medical bills or repairs to your car.
For more protection, you may want to consider uninsured motorist coverage, collision coverage, comprehensive coverage, and rental car coverage. Comparing coverage limits and deductibles can help you find a policy that fits your budget without leaving major gaps in protection.
How Is Fault Determined in California?
Insurance coverage matters after a crash, but fault determines who pays and how much each person may recover. Fault is based on evidence showing who broke a traffic law or failed to drive safely.
Useful evidence can include police reports, photos, vehicle damage, video footage, witness statements, medical records, and phone records. When the facts are unclear, an attorney may work with an accident reconstruction expert to determine how the crash happened.
Common signs of fault include speeding, distracted driving, making an unsafe turn, following too closely, or failing to yield the right of way. Crashes involving uninsured drivers may require extra investigation. If a cyclist is involved, fault may also depend on right-of-way rules, where the cyclist was riding, visibility, and whether the driver gave the cyclist enough space when passing.
How Does California Comparative Negligence Work?
California follows a pure comparative negligence rule.
This means you can still recover compensation after a crash, even if you were partly at fault.
However, your compensation will be reduced by your share of the blame.
For example, if your damages are $100,000 and you were 30% at fault, you could recover $70,000.
Understanding Comparative Negligence
If more than one person caused a crash, California law may still allow you to recover compensation. Under California’s pure comparative negligence rule, your compensation is reduced by your share of fault instead of being denied completely.
For example, if you are found 20% at fault, your recovery is reduced by 20%.
To determine fault, it is important to document what each driver did before the crash, such as speeding, using a phone, failing to signal, or making an unsafe turn. Comparative negligence can also come up in rideshare accident claims and disputes involving comprehensive insurance coverage.
| Issue | Helpful Evidence |
|---|---|
| Speeding | Vehicle data or crash reports |
| Distracted driving | Phone records |
| Turn signals or traffic signals | Camera footage |
| Road conditions | Photos or video |
Insurance companies review the evidence and assign fault, but their decision is not final. If their findings are wrong, you may challenge them with witness statements, police reports, photos, video, or expert opinions.
An attorney can help identify everyone who may be responsible and protect your rights during the claim process.
Effect on Compensation
In California, the amount of compensation you receive after a car accident is reduced by your share of fault. For example, if your damages total $100,000 and you’re found 30% at fault, you could recover $70,000.
California uses a pure comparative negligence rule. This means you may still recover money even if you were mostly at fault for the accident.
Evidence can affect how fault is assigned, including:
- Police reports
- Witness statements
- Photos or video from the scene
- Medical records showing your injuries and treatment
- Road conditions, weather, or vehicle problems
Strong evidence can help reduce the amount of fault placed on you. A lawyer can challenge unfair blame and help calculate the full value of your damages.
What Damages Can You Recover After a Crash?
After a crash, you may be able to recover money for the losses the accident caused. This can include medical bills, lost wages, car repairs, and other out-of-pocket costs.
Economic damages are your financial losses. They may include ambulance and hospital bills, doctor visits, physical therapy, medication, medical equipment, rental-car expenses, and income you lost while recovering. If your injuries affect your ability to work in the future, you may also seek compensation for reduced earning ability.
You may also be able to recover non-economic damages. These cover the personal effects of an injury, such as physical pain, emotional distress, scarring or disfigurement, and loss of enjoyment of life.
In some cases, punitive damages may be available. These are meant to punish especially harmful behavior, such as conduct involving malice, oppression, or fraud.
Keep copies of receipts, medical records, pay stubs, repair estimates, and other documents related to the crash. Good records can help show the full extent of your injuries and losses.
How Long Do You Have to File a Claim?
How Long Do You Have to File a Claim?
In California, you usually have two years from the date of a car accident to file a lawsuit for injuries. However, some situations have different deadlines, so it’s important to act quickly and keep good records.
- Injury claims: Usually must be filed within two years.
- Property damage claims: Usually must be filed within three years.
- Claims against a government agency: Often require you to file a formal claim much sooner, sometimes within six months.
- Minors: The deadline may be extended until the injured person becomes an adult.
- Hidden or delayed injuries: In some cases, the deadline may start when you discovered, or reasonably should have discovered, the injury.
The exact deadline can depend on who caused the accident, the type of harm involved, and when you learned about the injury. Save important documents, including police reports, medical records and bills, witness contact information, vehicle maintenance records, and insurance communications. These deadlines apply to both new and experienced drivers.
When to File a California Car Accident Lawsuit
Consider filing a California car accident lawsuit if settlement talks stop moving forward, the insurance company denies fault, or it refuses to pay for your losses. You may also need to file if your damages are greater than the available insurance coverage.
Do not wait until the deadline is close. Filing a lawsuit can protect your right to seek compensation, require both sides to share evidence, and allow a judge or jury to decide the case if a settlement isn’t reached.
Before filing, gather records of your medical care, missed work, car repairs, and other accident-related costs. A lawyer can help determine who may be responsible, whether you share any fault, and the value of future medical care or lost income. Stay focused on the facts of the accident, your documented losses, and the legal deadlines that apply to your claim.
Frequently Asked Questions
Can I Recover Compensation if the Other Driver Is Uninsured?
Yes. If you have uninsured motorist coverage, your own insurance may help pay for medical bills, lost wages, and other accident-related losses.
You can also sue the uninsured driver directly. However, recovering money may be difficult if they do not have enough income or assets.
Save all records related to the crash, including medical bills, repair estimates, photos, and police reports. It is also important to review your insurance policy to understand what coverage you have.
What Happens if I Am Hit by a Rideshare Driver?
A rideshare crash can involve more than one insurance company. Which policy applies may depend on whether the driver was using the app or carrying a passenger at the time. Save any evidence, get medical care if needed, and keep records of the crash, your injuries, and any expenses.
Can a Passenger File a Claim After a California Car Accident?
Yes. If you were injured as a passenger in a California car accident, you can usually file a claim against the at-fault driver’s insurance company. This may include the driver of the car you were riding in or another driver involved in the crash.
Keep medical records, photos, witness information, and any police report. Act quickly, because deadlines and insurance rules can affect your claim.
Are Dashcam Recordings Admissible as Evidence in California Courts?
Yes. Dashcam recordings can be used as evidence in California courts if you can show the video is authentic, relevant, accurate, and has not been altered. You may also need to show that the recording was made legally and that it fairly depicts what happened.
Can I Seek Compensation for Diminished Vehicle Value?
You may be able to seek compensation if your vehicle is worth less after an accident, even if it was fully repaired. Check your insurance policy, get proof of the vehicle’s reduced value, and submit your claim as soon as possible.
Conclusion
After a California car accident, take care of your health first. Get medical help if you are hurt, even if your injuries seem minor. If you can, take photos, get contact information from witnesses, and exchange insurance details with the other driver.
You should also report the accident when required and notify your insurance company. California has deadlines for insurance claims and lawsuits, so waiting too long could affect your ability to recover money for medical bills, lost wages, car repairs, and other losses.
Because evidence can disappear and people may forget what happened, it is important to act quickly and understand your rights.
