California sees more vehicle collisions than any other state, and its rules for who pays, how much insurance drivers carry, and how long you have to act are specific to California. This guide walks through what to do after a crash, how the at-fault insurance system works, the coverage that protects you when the other driver has none, and the deadlines that protect your claim.
This is general information about California law, not legal advice. Every collision has facts that change the analysis; consult a California-licensed attorney about your situation.
First steps after a California crash
- Check for injuries and call 911 if anyone is hurt. California law requires you to stop and exchange information; leaving the scene of an injury crash is a crime (Veh. Code § 20001).
- Exchange information — names, license, insurance, and vehicle details — and get contact details for any witnesses.
- Document the scene. Photograph vehicle positions, damage, skid marks, signage, and your injuries.
- Report it. You must report a crash to the DMV (Form SR-1) within 10 days if anyone was injured or killed, or property damage exceeds $1,000 (Veh. Code § 16000).
- Get medical care promptly, even if you feel "okay" — some injuries surface days later, and gaps in treatment are used to minimize claims.
A few practical points make these steps more useful. The SR-1 report to the DMV is separate from any police report and separate from your insurance claim; all three can exist for the same crash, and skipping the SR-1 can lead to a license suspension even if you were not at fault. When you photograph the scene, capture the wide context (intersection, traffic signals, lane markings) as well as close-ups of the damage, because liability often turns on geometry that is hard to reconstruct later. And be careful about what you say at the scene: a casual "I'm sorry" or "I didn't see you" can be quoted back as an admission of fault. State the facts to police and let the investigation sort out blame.
California is an at-fault state
California uses a traditional at-fault (tort) system: the driver who caused the crash — through their insurer — pays for the resulting injuries and damage. You generally have three avenues: file with the at-fault driver's insurer (a third-party claim), file with your own insurer (a first-party claim) if you have applicable coverage, or file a lawsuit. Because fault drives everything, insurers fight hard over who was responsible and to what degree.
California is not a no-fault state. In a no-fault state, each driver's own insurer pays their medical bills regardless of who caused the crash, and the right to sue is limited. California works the opposite way: there is no mandatory personal-injury-protection coverage, the at-fault driver bears responsibility, and an injured person can pursue the full range of damages directly from whoever caused the harm. This distinction matters because advice written for no-fault states simply does not apply here.
Minimum insurance and the uninsured-driver problem
California requires drivers to carry minimum liability coverage. Effective January 1, 2025, under Senate Bill 1107 (the Protect California Drivers Act), the minimums rose for the first time since 1967 to $30,000 per person / $60,000 per accident for bodily injury and $15,000 for property damage — commonly written as 30/60/15. The prior minimums were 15/30/5. These limits are scheduled to rise again to 50/100/25 in 2035. Even at the new levels, the minimums are low relative to the cost of a serious injury, and many California drivers carry only the minimum or no insurance at all.
Uninsured/underinsured motorist (UM/UIM) coverage (Ins. Code § 11580.2) on your own policy fills the gap when the at-fault driver has no insurance or not enough. Insurers must offer UM/UIM coverage, and you can only decline it in writing — so check your declarations page, because many people have this protection without realizing it. UIM coverage typically pays the difference between the at-fault driver's limits and yours, up to your policy limit. UM/UIM claims are made against your own insurer and often carry their own shorter, contract-based notice and arbitration deadlines, so review your policy quickly and report the claim promptly.
How shared fault affects your recovery
California is a pure comparative negligence state (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). If you were partly at fault, your recovery is reduced by your percentage of fault but never eliminated — even a mostly-at-fault driver can recover something. Insurers routinely try to shift blame onto you because each percentage point lowers what they owe. See our guide on comparative negligence in California.
In practice this means a crash is rarely scored as 100% one driver's fault. A jury (or, before trial, an adjuster) might find the other driver 80% responsible for running a red light and you 20% responsible for speeding, reducing a $100,000 award to $80,000. Because every percentage point has a dollar value, the fight over fault percentages is often the real fight in a California auto claim — which is why preserving evidence of the other driver's conduct early is so important.
What you can recover
A California crash claim can include economic damages (medical bills, future care, lost wages and earning capacity, vehicle repair or replacement) and non-economic damages (pain and suffering, loss of enjoyment of life). In rare cases involving egregious conduct — such as a drunk driver — punitive damages may be available (Civ. Code § 3294). There is no general cap on these damages in an ordinary auto case.
One California-specific limit is worth knowing: under Civil Code § 3333.4 (enacted by Proposition 213), an uninsured driver, or a driver convicted of DUI in connection with the crash, generally cannot recover non-economic damages (pain and suffering) even if the other driver was at fault. Economic damages such as medical bills and lost wages remain recoverable. This is a powerful reason to carry at least the minimum required insurance — driving uninsured can cut your recovery dramatically if you are hurt by someone else.
It helps to see how the categories fit together in a single claim. Suppose a driver is injured by another motorist who ran a stop sign, and the injured driver ends up with $25,000 in medical bills, $8,000 in lost wages, and a vehicle that costs $6,000 to repair — that is $39,000 in economic damages, the measurable out-of-pocket losses. On top of that, the injured driver may claim non-economic damages for the months of pain, limited mobility, and disrupted daily life. Those two buckets are valued differently: the economic side is built from bills, pay records, and repair estimates, while the non-economic side rests on the credibility of the injury and how it affected the person's life. If the injured driver was insured and not impaired, both buckets are available; if Proposition 213 applies, the non-economic bucket disappears and only the $39,000 economic figure (subject to any comparative-fault reduction) remains. Understanding which bucket a given loss falls into is the first step in valuing a claim.
Deadlines
You generally have two years from the crash to file a personal-injury lawsuit (Cal. Code Civ. Proc. § 335.1) and three years for vehicle (property) damage (§ 338). If a government vehicle or a dangerous public road was involved, you must file a written government claim within six months (Gov. Code § 911.2). Don't let insurance negotiations lull you past these dates — only a lawsuit stops the clock.
How a California car accident claim unfolds
- Treat and document. Get medical care, keep every record and bill, and follow through on recommended treatment without long gaps.
- Report and notify. File the SR-1 with the DMV if required, and put your own insurer on notice — especially if you may need UM/UIM coverage.
- Investigate liability. Gather the police report, photos, witness statements, and any available traffic or surveillance video before it is overwritten.
- Reach maximum medical improvement. Wait until your treating providers have a clear picture of your injuries and future needs before valuing the claim.
- Send a demand. Your attorney presents the at-fault insurer with a documented demand for damages.
- Negotiate or file suit. Most claims settle; if negotiations stall or the two-year deadline nears, your attorney files a lawsuit, after which many cases still settle before trial.
Dealing with the insurance company
Be cautious with the other driver's insurer. You are not required to give a recorded statement, and early "preliminary" settlement offers often arrive before the full extent of an injury is known. Signing a release ends your claim permanently. Get advice before signing anything or going on the record, especially in a serious-injury case.
It also helps to understand that an adjuster's job is to resolve the claim for as little as the file justifies. Common tactics include requesting a broad medical authorization (so the insurer can comb your history for pre-existing conditions), pressing for a recorded statement while you are still rattled, and framing an early lump-sum offer as a limited-time opportunity. None of these are improper on their face, but they are not in your interest to accept blindly. You can decline a recorded statement, limit medical authorizations to records relevant to the crash, and take the time to understand your injuries before agreeing to anything.
Frequently asked questions
How long do I have to file a car accident claim in California?
Two years from the crash for injuries (Cal. Code Civ. Proc. § 335.1) and three years for vehicle damage (§ 338). A crash involving a government vehicle or road requires a written claim within six months (Gov. Code § 911.2).
What if the other driver had no insurance?
Your own uninsured/underinsured motorist coverage (Ins. Code § 11580.2) can pay for your injuries up to your policy limits. Report the claim to your insurer promptly, since UM/UIM claims may have their own notice and arbitration deadlines.
The accident was partly my fault — can I still recover?
Yes. California's pure comparative negligence rule reduces your recovery by your share of fault but does not bar it. Even a driver mostly at fault can recover the portion attributable to others.
What is California's minimum car insurance now?
As of January 1, 2025, the minimum liability coverage is $30,000 per person and $60,000 per accident for bodily injury, plus $15,000 for property damage (30/60/15), under Senate Bill 1107. The minimums are scheduled to rise to 50/100/25 in 2035.
Should I accept the insurer's first offer?
Usually not without advice. Early offers often come before your medical picture is clear, and accepting requires a release that ends the claim. Wait until you understand your injuries, or have an attorney evaluate the offer.
Do I have to report a crash to the DMV?
Yes, in many cases. You must file an SR-1 report with the DMV within 10 days if anyone was injured or killed or if property damage exceeds $1,000 (Veh. Code § 16000). This is separate from any police report and from your insurance claim, and failing to file it can lead to a license suspension even if you were not at fault.
What if I was uninsured when another driver hit me?
You can still recover your economic damages — medical bills, lost wages, and vehicle repair — from the at-fault driver. But under Proposition 213 (Civ. Code § 3333.4) an uninsured driver generally cannot recover non-economic damages such as pain and suffering, which can substantially reduce the value of an otherwise strong claim.
When to talk to a California attorney
Many minor fender-benders with no injuries can be handled directly with the insurer. But the picture changes fast when there are real injuries, disputed fault, an uninsured or underinsured driver, a commercial truck or government vehicle, or an insurer that is pressuring you to settle or go on the record. In those situations a California-licensed attorney can investigate liability, deal with the adjusters, protect your UM/UIM rights, and make sure the two-year deadline is not missed. Because most personal injury attorneys work on contingency and offer free consultations, an early conversation usually costs nothing and can prevent expensive mistakes.
Talk to a California car accident attorney
For the bigger picture on injury claims, see our complete personal injury guide and the statute of limitations guide. To find a California-licensed attorney, browse the directory by practice area and county — free, no obligation.