Car Accident in California:
Your Rights & How to Claim.

California Car Accident Law Overview (2026)

California is an at-fault state — the driver responsible for the accident bears financial liability for all damages. California uses pure comparative negligence, meaning even a partially at-fault driver can recover compensation (reduced by their share of fault).

New Insurance Minimums — Effective January 1, 2025 (SB 1107)

California dramatically raised its mandatory minimum car insurance as of January 1, 2025:

• $30,000 per person for bodily injury or death (up from $15,000)
• $60,000 per accident for bodily injury (multiple people) (up from $30,000)
• $15,000 for property damage (unchanged)

These minimums are still often insufficient to cover serious accident costs. Attorneys recommend carrying at least 100/300/100 coverage plus uninsured/underinsured motorist (UM/UIM) coverage at matching limits.

Pure Comparative Negligence in California

California's pure comparative negligence rule (Civil Code §1714) means:

• You can recover damages regardless of your share of fault — even if 99% at fault
• Your recovery is reduced by your percentage of fault
• Example: $200,000 in damages, 25% at fault → you recover $150,000
• Insurance adjusters use this rule to minimize payouts — always have your own documentation of the other driver's fault

Statute of Limitations

• Personal injury: 2 years from the date of accident (CCP §335.1)
• Property damage only: 3 years from the date of accident (CCP §338)
• Claims against government entities (city buses, Caltrans vehicles, county trucks): Must file a Government Tort Claim within 6 months of the accident — then you have 6 months from rejection to sue
• Minor victims: Statute is tolled (paused) until the victim turns 18, then 2 years to file

What Damages Can You Recover?

• Medical expenses — ER, hospitalization, surgery, physical therapy, future medical care
• Lost wages and loss of future earning capacity
• Pain and suffering (no cap in California for most personal injury cases)
• Emotional distress and mental anguish
• Property damage — vehicle repair or fair market value replacement
• Loss of consortium (for spouses/domestic partners)
• Punitive damages — in cases of intentional harm or gross recklessness (drunk driving, street racing)

Steps to Take After a California Car Accident

• Call 911 and request police and medical response — always get a police report
• Exchange information: Full name, driver's license, insurance company, policy number, vehicle registration, license plate
• Document the scene: Photograph all vehicles, damage, road conditions, skid marks, traffic signs, and visible injuries
• Get witness names and contact information — independent witnesses are extremely valuable
• Seek medical attention immediately — even if you feel fine; symptoms of whiplash and TBI can appear 24–72 hours later
• Report to your insurer within the timeframe specified in your policy (usually 24–72 hours)
• Do not give a recorded statement to the other driver's insurer without attorney advice
• Consult a personal injury attorney before accepting any settlement offer

California Hit-and-Run Accidents

If the at-fault driver fled the scene, you still have options:

• Report to police immediately — a police report is essential for any insurance claim
• Your own UM coverage applies to hit-and-run accidents in California
• The California Victim Compensation Board may cover some losses if no insurance is available
• Dashcam footage, witness accounts, and nearby security cameras are critical evidence