California Car Accident Laws: Everything You Need to Know (2026)

# California Car Accident Laws: Everything You Need to Know (2026)

> **CALIFORNIA CAR ACCIDENT LAW AT A GLANCE:**
> – **Fault system:** Fault (traditional tort state)
> – **Comparative fault:** Pure comparative negligence — you can recover even if 99% at fault
> – **Statute of limitations:** 2 years (personal injury) / 3 years (property damage)
> – **Minimum insurance:** 30/60/15 (increased in 2025)
> – **PIP required:** No
> – **DMV reporting:** $1,000+ damage, within 10 days

California is the second-largest state for car accidents in the United States, with roughly 485,000 crashes per year. The state uses one of the most plaintiff-friendly fault rules in the country — **pure comparative negligence** — which means you can recover damages even if you were mostly at fault.

**Important 2025 update:** California doubled its minimum liability insurance requirements effective January 1, 2025 under SB 1107. If you had an accident recently, these new minimums apply.

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## Is California a Fault or No-Fault State?

**California is a fault state.** The driver who caused the accident is responsible for paying damages. After an accident in California, you can:

1. **File a claim with your own insurance**
2. **File a third-party claim** with the at-fault driver’s insurance
3. **File a personal injury lawsuit** against the at-fault driver

California does not use a no-fault or PIP system. You do not need to file with your own insurance first — you can go directly after the at-fault driver’s coverage.

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## California’s Pure Comparative Negligence Rule

California follows **pure comparative negligence**, established by the California Supreme Court in *Li v. Yellow Cab Co.* (1975) and reflected in California Civil Code § 1714.

### How It Works

Under pure comparative negligence, **you can recover damages no matter how much fault you share** — even if you were 99% at fault. Your compensation is simply reduced by your percentage of fault.

This makes California one of the most plaintiff-friendly states in the country for car accident claims.

### Example Scenario

You are in a car accident in California and suffer $100,000 in damages:

| Your Fault % | Damages | Recovery |
|————–|———|———-|
| 0% | $100,000 | **$100,000** |
| 25% | $100,000 | **$75,000** |
| 50% | $100,000 | **$50,000** |
| 75% | $100,000 | **$25,000** |
| 99% | $100,000 | **$1,000** |

Compare this to Texas or Florida, where being more than 50-51% at fault bars you from recovering anything. In California, even a mostly-at-fault driver can recover some compensation.

### What This Means for You

While pure comparative negligence is favorable for plaintiffs, insurance companies will still try to increase your fault percentage to lower what they pay. Every percentage point of fault assigned to you reduces your recovery dollar for dollar.

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## Statute of Limitations in California

### California Deadlines

Note that California gives you an extra year for property damage claims (3 years) compared to personal injury (2 years).

**Government claims are different:** If your accident involved a government vehicle or a dangerous road condition maintained by a government agency, you must file an administrative claim within **6 months**. This is a much shorter deadline that catches many people off guard.

### Exceptions

– **Minors:** The clock generally starts when the minor turns 18
– **Mental incapacity:** May toll (pause) the deadline
– **Defendant out of state:** Time absent from California may not count

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## California Car Insurance Requirements

### 2025 Update: Minimum Coverage Doubled

California significantly increased its minimum insurance requirements under **SB 1107**, effective **January 1, 2025**.

| Coverage Type | Old Minimum (before 2025) | New Minimum (2025+) |
|————–|————————–|———————|
| Bodily injury per person | $15,000 | **$30,000** |
| Bodily injury per accident | $30,000 | **$60,000** |
| Property damage | $5,000 | **$15,000** |

The old minimums had not been updated in decades and were among the lowest in the nation. The new 30/60/15 requirements provide significantly better protection.

### Optional But Recommended Coverage

– **Uninsured/Underinsured Motorist (UM/UIM):** California has one of the highest rates of uninsured drivers in the country (approximately 15%). UM/UIM coverage is strongly recommended.
– **Medical Payments (MedPay):** Covers your medical expenses regardless of fault.
– **Collision and Comprehensive:** Covers damage to your own vehicle.

### Driving Without Insurance

California’s penalties for driving without insurance include:
– Fines starting at $100 for a first offense (up to $200)
– Up to $500 for subsequent offenses
– Vehicle impoundment
– Driver’s license suspension
– SR-22 requirement for 3 years

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## Reporting a Car Accident in California

### When You Must Report

You must report a car accident in California if:
– Anyone is injured or killed
– Property damage appears to exceed **$1,000**

### How to Report

– **At the scene:** Call 911 if anyone is injured
– **To the California DMV:** File an **SR-1 Report** within **10 days** of the accident. This is required even if police responded to the scene.

**Important:** Failure to report can result in suspension of your driver’s license.

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## What to Do After a Car Accident in California

1. Check for injuries and call 911
2. Move to safety (California’s “move it” law encourages moving vehicles off the road if safe to do so)
3. Exchange information with the other driver
4. Document the scene with photos and videos
5. Get witness contact information
6. File a police report if required
7. File an SR-1 with the DMV within 10 days
8. Notify your insurance company
9. Seek medical attention

For the complete checklist, see: [What to Do After a Car Accident in California](/california/car-accident-guide/).

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## Filing an Insurance Claim in California

As a fault state with pure comparative negligence, California’s claim process allows you to pursue the at-fault driver’s insurance directly.

### Key Points for California Claims

– You can file a third-party claim against the at-fault driver’s insurance
– Your recovery is reduced by your fault percentage, but never eliminated
– California’s minimum coverage increased in 2025, so recently purchased policies should have higher limits
– Many California accidents involve uninsured drivers — check if you have UM/UIM coverage

For the complete guide, see: [How to File an Insurance Claim in California](/california/insurance-claim/).

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## When You May Need a Lawyer in California

Many car accident victims in California consider consulting with an attorney when:

– **Injuries are serious** or require long-term treatment
– **Fault is disputed** and the fault percentage significantly affects recovery
– **Insurance company is offering a low settlement**
– **The at-fault driver is uninsured**
– **Government entity** is involved (6-month filing deadline)
– **Multiple parties** are at fault

Most personal injury attorneys in California work on contingency (typically 33-40%) and offer free consultations.

For more details, see: [Do You Need a Lawyer After a Car Accident in California?](/california/do-i-need-a-lawyer/)

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## Common Types of Car Accidents in California

– **[Rear-End Collisions](/california/rear-end-collision/):** The rear driver is typically presumed at fault. Under California’s pure comparative negligence, the lead driver can recover even if partially at fault.
– **[T-Bone Accidents](/california/t-bone-accident/):** Common at California’s busy intersections, especially in urban areas like Los Angeles and San Francisco.
– **[Hit and Run](/california/hit-and-run/):** California Vehicle Code § 20002 (property damage) and § 20001 (injury/death) make leaving the scene a criminal offense. Hit-and-run incidents are a significant problem in California.

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## California Car Accident Statistics

– **~485,000** reported crashes per year
– California’s large population and extensive highway system contribute to high crash numbers
– Los Angeles County consistently has the highest crash count in the state
– Leading causes: distracted driving, speeding, impaired driving, and unsafe lane changes
– Approximately 15% of California drivers are uninsured

*Source: California Highway Patrol (CHP) Statewide Integrated Traffic Records System (SWITRS)*

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## Recent Changes to California Car Accident Laws

### SB 1107 — Minimum Insurance Increase (2025)

The most significant recent change is **SB 1107**, which doubled California’s minimum liability coverage effective January 1, 2025:

– Bodily injury: $15,000/$30,000 → **$30,000/$60,000**
– Property damage: $5,000 → **$15,000**

This change affects all California drivers renewing or purchasing new policies after January 1, 2025. If your accident occurred in 2025 or later, the at-fault driver should have higher minimum coverage.

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## Frequently Asked Questions About California Car Accident Laws

### Is California a no-fault state?

No. California is a **fault state**. The driver who caused the accident is responsible for paying damages. You can file a claim directly against the at-fault driver’s insurance.

### Can I recover damages if I was mostly at fault in California?

Yes. California uses **pure comparative negligence**. You can recover damages even if you were 99% at fault. Your recovery is reduced by your fault percentage.

### What is the statute of limitations for a car accident in California?

You have **2 years** to file a personal injury lawsuit and **3 years** for property damage claims. If a government entity is involved, you must file an administrative claim within **6 months**.

### What is the minimum car insurance in California?

As of 2025, California requires **30/60/15 coverage**: $30,000 per person for bodily injury, $60,000 per accident for bodily injury, and $15,000 for property damage. These minimums were doubled under SB 1107.

### What should I do if the other driver has no insurance in California?

If the other driver is uninsured, you may file a claim under your own **Uninsured Motorist (UM)** coverage. You can also sue the uninsured driver directly, though collecting may be difficult. California has a high uninsured driver rate (~15%), so UM coverage is especially important.

### Do I have to report a car accident to the California DMV?

Yes, if anyone is injured or property damage exceeds **$1,000**. You must file an **SR-1 Report** with the California DMV within **10 days** of the accident.

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## Your Complete California Car Accident Resource

– [What to Do After a Car Accident in California](/california/car-accident-guide/)
– [How to File an Insurance Claim in California](/california/insurance-claim/)
– [Do You Need a Lawyer After a Car Accident in California?](/california/do-i-need-a-lawyer/)
– [Rear-End Collision in California](/california/rear-end-collision/)
– [T-Bone Accident in California](/california/t-bone-accident/)
– [Hit and Run in California](/california/hit-and-run/)

### See Car Accident Laws in Other States

– [Texas Car Accident Laws](/texas/car-accident-laws/)
– [Florida Car Accident Laws](/florida/car-accident-laws/)
– [Georgia Car Accident Laws](/georgia/car-accident-laws/)
– [North Carolina Car Accident Laws](/north-carolina/car-accident-laws/)

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*Need help with your California car accident claim? [Get a free case evaluation](/free-case-evaluation/) from a local attorney.*

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**DISCLAIMER:** This website is not a law firm and does not provide legal advice. This page provides general educational information only. Laws vary by state and change frequently. Always consult a licensed attorney in your state for advice specific to your situation. Last updated: March 2026.

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