A Guide to California’s Car Accident Liability Laws

Car accidents are overwhelming. In the moment, you’re worried about safety, insurance, repairs, and what comes next. On top of that, California has its own set of rules about who pays for damages, how fault is decided, and how long you have to act.

You don’t need to know every detail of the law, but having a clear picture of the basics can help you make informed decisions after a crash. Here’s a straightforward guide to what California’s liability laws mean for drivers.

California Is an At-Fault State

In California, the driver who causes the accident is financially responsible for the harm that results: medical bills, car repairs, lost income, and more.

Importantly, California applies a rule called pure comparative negligence. Under this rule, even if you share some responsibility for the accident, you can still recover damages. However, your recovery is reduced by your percentage of fault. For example, if you are 20% at fault, your damages award would be reduced by 20%.

Insurance Requirements

Every California driver is required to carry liability insurance to cover damages if they cause an accident. Starting January 1, 2025, California increased its minimum liability insurance coverage as part of the Protect California Drivers Act. The required minimums under Senate Bill 1107 are now:

• $30,000 for bodily injury or death of one person,

• $60,000 for bodily injury or death of more than one person per accident,

• $15,000 for property damage.

These higher limits reflect today’s medical and repair costs. Drivers can choose higher coverage for more protection, but these numbers are the legal minimum.

Reporting an Accident

If you’re involved in a crash, California law requires certain steps:

1. Report to the DMV: If anyone is hurt or damages exceed $1,000, you must file a Form SR-1 within 10 days.

2. Notify law enforcement: If there are injuries or a fatality, the accident must be reported to the police or the California Highway Patrol.

3. Exchange information: At the scene, drivers must share names, contact details, driver’s license numbers, and insurance information.

Taking photos of the vehicles, road, and surroundings is also a good idea, as this can support insurance claims later.

Deadlines for Filing Claims

California law gives you a limited window to pursue legal action after an accident:

• Injury claims: generally must be filed within 2 years from the date of the accident.

• Property damage claims: generally within 3 years.

• Claims involving a government agency: often require a notice within 6 months.

If these deadlines pass, you may lose the ability to pursue recovery, even if you have a strong case.

What Every Driver Should Know

• Always carry valid insurance that meets or exceeds California’s minimum requirements.

• After an accident, take photos, exchange information, and get medical attention, even for seemingly minor injuries.

• Be aware of deadlines for reporting the accident to the DMV, law enforcement, and insurance companies.

• Keep records: medical bills, repair estimates, and communication with insurers.

Car accidents are stressful enough without worrying about the fine print of liability laws. While every situation is different, understanding the basics can help you take the right next steps. If you’ve been involved in a crash and want to better understand your options, Cruz and Cruz PC can help provide guidance. Get in touch today.