Car accidents · California law
Is California a No-Fault State?
No. California is an at-fault state. The driver who caused the crash is responsible for your injuries and losses, and that driver's insurance usually pays. Here is what that means for your bills, your claim and your deadlines.
Reviewed by Steven D. Green, Esq. · Updated
Key Takeaways
- California is an at-fault state. The driver who caused a crash is responsible for the harm, usually through their liability insurer.
- California voters rejected a no-fault auto insurance system, Proposition 200, in March 1996.
- California does not require personal injury protection (PIP). It requires liability coverage of at least $30,000 per person, $60,000 per accident and $15,000 for property damage.
- If you were partly to blame, your award is reduced by your share of fault. It is never wiped out, even at 50 percent or more.
- An insurer cannot count a crash against your Good Driver Discount unless you were at least 51 percent of its cause.
- Most injury lawsuits must be filed within two years. A claim against a city, county or state agency is usually due within six months.
Why California is an at-fault state
California makes the person who causes an injury pay for it. Its basic negligence statute holds everyone responsible for harm caused by a lack of ordinary care. After a crash, the at-fault driver owes your damages, and their liability insurer usually pays them. Your own policy is not required to pay first.
The rule is in Civ. Code 1714(a).
California has looked at the alternative and turned it down. Proposition 200 on the March 1996 ballot would have made each driver's own personal injury protection policy pay their injuries regardless of fault, and it would have ended most injury lawsuits. Voters rejected it, so the fault system stayed. You keep the right to sue the driver who caused the crash for the full value of your losses, including pain and suffering.
At-fault vs. no-fault: what changes for you
The biggest differences are who pays first and what you can claim. In California, the at-fault driver's insurer owes your losses, and fault decides the claim. Under a no-fault system, your own policy pays first and lawsuits are limited. Here you can claim pain and suffering, but you must prove fault.
| Question | California (at-fault) | A no-fault system |
|---|---|---|
| Who pays your injury costs? | The at-fault driver, through their liability insurer | Your own personal injury protection, regardless of fault |
| Can you claim pain and suffering? | Yes, from the at-fault driver (Prop 213 limits uninsured drivers) | Only in limited cases |
| What insurance must drivers carry? | Liability: $30,000 / $60,000 / $15,000 | Personal injury protection, plus liability |
| Does fault matter? | Yes. It decides who pays and how much | Not for the first payments |
| If you were partly at fault | Your award is reduced by your share | Your own benefits still pay |
Sources: Civ. Code 1714(a), Veh. Code 16056(a)(2), Civ. Code 3333.4, and the Legislative Analyst's Office analysis of Proposition 200.
Who pays your bills after a California crash
Start with a claim against the at-fault driver's liability insurance. That insurer usually pays when the claim settles, not as bills arrive. Until then, your health insurance can cover treatment, collision coverage can fix your car, and medical payments coverage helps if you bought it. Uninsured motorist coverage steps in when the other driver has none.
The at-fault driver's liability insurance
This is the main source of payment in an at-fault state. For policies issued or renewed on or after January 1, 2025, California's minimums are $30,000 for injury to one person, $60,000 for all injuries in one crash and $15,000 for property damage Veh. Code 16056(a)(2). Those minimums rise again for policies issued or renewed on or after January 1, 2035 Veh. Code 16056(d). Once an insurer has proof of your claim, it must accept or deny it within 40 calendar days Cal. Code Regs., tit. 10, 2695.7(b). Commercial drivers often carry more coverage than the minimum, which matters in truck accident claims.
Your own coverage while you wait
- Health insurance. It pays for treatment now and may ask to be repaid from your settlement.
- Medical payments coverage. This optional coverage pays your medical bills up to its limit, whoever caused the crash.
- Collision coverage. It repairs your car now, and your insurer then pursues the at-fault driver.
- Uninsured motorist coverage. Every California auto liability policy includes it unless the policyholder deleted it in writing Ins. Code 11580.2(a)(1).
- Underinsured motorist coverage. It applies after the at-fault driver's limits are paid out, up to your limit minus what that insurer paid Ins. Code 11580.2(p).
A $30,000 policy runs out quickly after a serious injury, so we check every policy that might apply. Our California car accident lawyer page covers the full claim process.
Not sure which policy to claim against? Call us before you give any insurer a recorded statement. An attorney can tell you which coverage applies and in what order. Call (888) 264-3780, answered 24/7.
How fault is decided
The insurers decide fault first, from photos, video, witness statements, vehicle damage and any police report. If the claim does not settle, a judge or jury decides. A driver who broke a traffic safety law that caused the crash is presumed to have been careless, which can shift the argument quickly in your favor.
That presumption is in Evid. Code 669, and the other driver can try to rebut it. Evidence fades fast, so photograph the scene, the vehicles and your injuries, and get witness names. Cyclists and pedestrians should see our bicycle accident page.
The SR-1 report you file with the DMV cannot be used as evidence at trial Veh. Code 20013. If a failed brake, tire or airbag played a part, read when a car accident is due to a vehicle defect.
Will a crash you didn't cause raise your rates?
A Good Driver Discount is at least 20 percent off Ins. Code 1861.02(b)(2), and an injury crash costs you eligibility only if you were principally at fault Ins. Code 1861.025(b)(3). That means at least 51 percent of the legal cause. You are presumed not principally at fault if your car was lawfully parked, if you were rear-ended and not convicted of a moving violation, or if only the other driver was convicted of one. The insurer must investigate and tell you its decision in writing, and you can ask it to reconsider within 30 days Cal. Code Regs., tit. 10, 2632.13.
When you were driving uninsured: Prop 213
An at-fault system can still limit what you recover. Under Prop 213, an uninsured vehicle owner, a driver who cannot show proof of insurance, or a driver convicted of DUI for the crash cannot recover pain and suffering. They can still recover economic losses such as medical bills, lost wages and property damage from the at-fault driver.
The rule is Civ. Code 3333.4(a). It has one important exception. An uninsured owner keeps the right to pain and suffering if the other driver was convicted of DUI for the crash Civ. Code 3333.4(c). If you were uninsured, you may still have a real claim, especially after a neck injury that needs months of treatment.
Deadlines that apply to every at-fault claim
Most California injury lawsuits must be filed within two years of the crash. Property damage claims have three years. If a city, county, state agency or other public entity is involved, a written claim is usually due within six months.
The two-year limit is CCP 335.1, and the three-year limit for damage to your car or belongings is CCP 338(c)(1). The six-month public entity claim deadline is Gov. Code 911.2(a). The SR-1 report is required when anyone is injured or killed, or property damage to any one person is over $1,000 Veh. Code 16000(a).
Enter your crash date in our California Claim Clock to see your dates. See also our California personal injury lawyer page and our safe driving guide for the holidays. We take cases in all 58 California counties.
Questions
California fault and insurance questions
Is California an at-fault state?
Yes. California holds the person who causes an injury responsible for it (Civil Code section 1714). After a crash, you claim against the at-fault driver and their liability insurer. California voters rejected a no-fault auto insurance system, Proposition 200, in March 1996.
How is fault determined in a car accident in California?
The insurers investigate first, using photos, video, witness accounts, vehicle damage and any police report. If the claim goes to court, a judge or jury decides. A driver who broke a traffic law that caused the crash is presumed careless (Evidence Code section 669), and each person's share of fault is set as a percentage.
Does a not-at-fault accident affect insurance in California?
It should not cost you your Good Driver Discount. An insurer cannot treat you as principally at fault unless you were at least 51 percent of the legal cause of the accident, and it must investigate and tell you in writing. You can ask it to reconsider within 30 days (California Code of Regulations, title 10, section 2632.13).
Can I recover damages if I was partly at fault for a crash in California?
Yes. California uses pure comparative fault, so your award is reduced by your percentage of fault and is never wiped out by it (Li v. Yellow Cab Co., 1975). If you were 30 percent at fault, you recover 70 percent of your damages. Insurers often argue for a higher share, so document the scene.
Is personal injury protection required in California?
No. California requires liability insurance, not personal injury protection. For policies issued or renewed since January 1, 2025, the minimum is 30,000 dollars per person, 60,000 dollars per accident and 15,000 dollars for property damage (Vehicle Code section 16056). Medical payments coverage is optional and pays your own medical bills regardless of fault.
Who pays my medical bills after a car accident in California?
The at-fault driver's liability insurer owes your medical bills, but it usually pays only when the claim settles. Until then, your health insurance or your own medical payments coverage can pay for treatment. Those payers may ask to be repaid from your settlement, so keep every bill and statement.
What if the driver who hit me has no insurance?
Your own uninsured motorist coverage can pay for your injuries. Every California auto liability policy includes it unless the policyholder deleted it in a signed written agreement (Insurance Code section 11580.2). If the other driver had too little insurance, underinsured motorist coverage may pay the difference up to your own limit.
Sources
- Civil Code section 1714 (responsibility for want of ordinary care).
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 (pure comparative fault).
- Legislative Analyst's Office, Proposition 200 analysis (March 1996).
- California Secretary of State, initiatives by title and summary year (Proposition 200 result).
- Vehicle Code section 16056 (minimum liability limits).
- Insurance Code section 11580.2 (uninsured and underinsured motorist coverage).
- California Code of Regulations, title 10, section 2695.7 (40-day claim decision).
- California Code of Regulations, title 10, section 2632.13 (principally at-fault accidents).
- Insurance Code section 1861.025 and section 1861.02 (Good Driver Discount).
- Civil Code section 1431.2 (several liability for non-economic damages).
- Evidence Code section 669 and Vehicle Code section 20013.
- Civil Code section 3333.4 (Proposition 213).
- Code of Civil Procedure section 335.1, section 338, Government Code section 911.2 and Vehicle Code section 16000 (deadlines).
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