California Car Accident Laws

California's rules are some of the most consistent in the country — no major recent overhaul like Florida or New York — but they work differently from most other states in one important way: how fault affects what you can recover.

In most states, being found more than half at fault ends your claim entirely. In California, it doesn't — it just reduces what you can recover.

Statute of limitations: 2 years (3 for property damage)

Under the California Code of Civil Procedure, you generally have two years from the date of the accident to file a personal injury lawsuit. Property damage claims get a longer window: three years. Claims against a government entity are much shorter — you generally must file a formal claim within six months under Government Code §911.2, well before the standard deadline even applies.

Fault rule: pure comparative negligence

California follows pure comparative negligence, established in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. This is the plaintiff-friendliest fault system in the country: there is no threshold that bars you from recovering.

In practice, this means insurers can't use a fault threshold to deny your claim outright — though they'll still push to raise your assigned percentage, since it directly reduces what they pay.

Insurance: at-fault system, 30/60/15 minimum

California is an at-fault (not no-fault) state — the driver responsible for the crash is financially liable through their insurance. As of January 1, 2025 (under SB 1107), California's minimum liability limits doubled from the decades-old 15/30/5 to 30/60/15: $30,000 per person and $60,000 per accident for bodily injury, plus $15,000 for property damage. These limits are scheduled to rise again to 50/100/25 on January 1, 2035.

Given how many California drivers carry only the minimum, uninsured/underinsured motorist (UM/UIM) coverage is worth checking on your own policy — insurers must offer it, though you can decline it in writing.

How this plays out in a real claim

Take a rear-end collision where the trailing driver was following too closely, but the lead driver's brake lights weren't working. An insurer might assign 70% fault to the trailing driver and 30% to the lead driver. Because California follows pure comparative negligence, the lead driver's compensation is reduced by their 30% share — not eliminated by it, and not eliminated even if their share were 90%. This is also why insurers in California tend to focus heavily on negotiating your fault percentage upward, rather than trying to push you past a bar that doesn't exist here.

A mistake worth avoiding in California

Because California's rule has no bar at all, some people assume a high fault percentage means there's no point pursuing a claim. That's rarely true here — even a driver found 80% or 90% at fault can still recover their remaining share, so it's worth having the claim properly valued rather than assuming a disputed-fault situation isn't worth pursuing.

If a government vehicle or agency was involved

California treats claims against a city, county, state agency, or public transit vehicle very differently from an ordinary crash. Under Government Code §911.2, you must file a formal written claim with the responsible agency within six months of the accident — not the usual two-year window. This is a separate, additional step, not an extension: the government claim deadline and the underlying personal injury statute of limitations run at the same time, and missing the six-month notice generally bars the claim entirely regardless of how strong it otherwise is.

If the crash resulted in a death

California gives two years from the date of death for a wrongful death claim (Code Civ. Proc. §335.1), but the list of who can bring it is broader than in many states: a surviving spouse or domestic partner, children, or — if none survive — anyone who'd inherit under intestate succession, plus certain dependents such as stepchildren or putative spouses (Code Civ. Proc. §377.60). Punitive damages aren't available in a wrongful death claim itself, only in a separate survival action.

Uninsured/underinsured motorist coverage

California doesn't require drivers to carry uninsured/underinsured motorist (UM/UIM) coverage, but insurers must offer it with every policy, and you must reject it in writing (Cal. Ins. Code §11580.2) or you're presumed to have it. If purchased, UM/UIM limits match your liability limits up to the statutory maximum. A hit-and-run counts as an uninsured motorist for UM purposes as long as there was physical contact with your vehicle and you can show it, typically through a police report.

Beyond the deadline and the fault rule

The statute of limitations and the fault rule above decide whether you have a claim and how much of it survives — they don't decide what the claim is actually worth, or whether it's worth handling yourself. For that, see our guides on what affects a settlement, who pays your medical bills while a claim is pending, and whether California law makes a lawyer worth it for your specific situation.

When it's worth talking to someone

Because California has no fault-based cutoff, disputes tend to focus on the exact percentage assigned to each side — which can meaningfully change what you recover. If fault is contested, a free, no-obligation conversation can help.