Car Accident Laws in California

Car Accident Laws in California

Drivers in California are required to carry auto insurance so that when someone is injured in a car crash their losses are covered. State laws in California affect everything from how and when you can file a claim for compensation after a car accident to how much money you are allowed to recover for medical bills, lost income, property damage, and your pain and suffering.

Insurance adjusters working for profit-driven insurance companies know these laws inside and out. When you are coping with a serious injury after what is most likely the first significant car accident in your life, you are at a big disadvantage trying to deal with insurers on your own.

At Sam & Ash Injury Law , we have built our law firm and our reputation on fighting for What’s Right for injured people. We make sure car accident victims have a knowledgeable lawyer on their side and don’t get taken advantage of by insurance companies. We are located in Orange County, CA, and we’re ready to fight for you.

Insurance Summary

• California requires liability insurance and imposes strict post-crash reporting: notify CHP or local police within 24 hours for injury/death and file an SR 1 with the DMV within 10 days if injuries, death, or $1,000+ in damage. Minimum liability limits are $15,000/$30,000/$5,000; insurers must offer UM/UIM coverage, and optional collision is common (often required for leases/loans). The state follows pure comparative negligence, reducing recovery by your share of fault but allowing recovery even if mostly at fault; most claims settle, and the general statute of limitations is two years (one year from discovery if the injury wasn’t immediately known). Experienced attorneys help level the field against insurers and pursue full compensation.

Accident Reporting Requirements in California

Any driver involved in a car accident should stop and try to render aid to anyone who has been injured. Call 911 if there are injuries that need immediate medical assistance and summon police to the accident scene. If you don’t stop, you may be charged with a hit-and-run accident and could face serious consequences.

In California, a driver involved in a car accident is to report the crash in writing to the California Highway Patrol or to the local police department within 24 hours if the crash caused an injury or death. If a driver is too badly injured to report the accident, someone else may do it for them. If a law enforcement officer responds to the accident scene, their written report fulfills the driver’s obligation. That is typically the case with serious crashes.

Another California law requires anyone involved in a motor vehicle accident to report an accident to the state Department of Motor Vehicles by completing a Report of Traffic Accident Occurring in California (SR 1) within 10 days if the accident causes injury, death or property damage in excess of $1,000.

Your driving privilege will be suspended if you do not complete an SR 1 form or did not have the proper insurance coverage at the time of the vehicle collision. Minimum Auto Insurance Requirements in California

California law requires drivers to prove they can be financially responsible for their actions whenever they drive. Typically, this is accomplished by obtaining automotive liability insurance, which pays if the policyholder is legally liable for an accident.

The minimum required amount that liability insurance must cover is:

• $15,000 for a single death or injury
• $30,000 for death or injury to more than one person
• $5,000 for property damage caused by one accident

California law requires insurance companies to offer uninsured motorist bodily injury and underinsured motorist coverage. This type of insurance protects you if you are hit by someone driving without auto insurance. Your UM/UIM policy covers injuries and property damage caused by a motorist who did not have insurance or who did not have sufficient insurance. If you decline this coverage, you will need to sign a form saying so.

You may buy additional insurance coverage , including collision coverage, which pays if the policyholder is responsible for an accident that damages their vehicle. If you are leasing or financing your car, yovu’ll likely be required to maintain collision coverage. Comparative Negligence

If you are injured and/or your vehicle is damaged in a car accident, you should report it to the responsible driver’s car insurance carrier. If another driver is at fault, you may make a claim against the other driver’s insurance. If you were at fault, you would have to have collision or comprehensive insurance coverage to obtain an insurance payout.

California operates under a “pure comparative negligence” system. Under this system, each driver may be found to share a portion of the blame for an accident. For example, a driver may have run a red light and hit you. They were negligent. But you were speeding, so you were also negligent. The other driver may be found to be 70% at fault while you are found to be 30% at fault. This means that if you had $100,000 in losses from the accident, any compensation you received would be reduced by 30% to $70,000. Further, your insurance would be liable for 30% of the other driver’s damages.

Because California has a pure comparative negligence system, either party may recover damages, regardless of their degree of fault. Even if you are 99% responsible for an accident, you can recover 1% of your losses. Most comparative negligence systems bar recovery of damages if you are 50% or 51% or more responsible for the accident.

A jury hearing a lawsuit would decide each driver’s degree of negligence in a car accident. Our attorneys at Sam & Ash resolve most car accident claims by presenting evidence of fault to the insurance company and negotiating an acceptable settlement. If the insurer refuses to agree to a reasonable settlement, the next step is to file a lawsuit and ask a judge and jury to settle the dispute. Our attorneys at Sam & Ash do What’s Right for the client. Statutes of Limitations in California

A statute of limitations puts a deadline on legal action to address the harm done. In a car accident, it is a deadline for filing a personal injury lawsuit.

Apart from a few exceptions, the statute of limitations for a personal injury lawsuit in California is two years from the date of injury. In California, if the injury was not discovered right away, then it is one year from the date the injury was discovered. Talk to Our Car Accident Attorneys in Orange County, CA

Car accidents happen every day, but they don’t happen to you every day. You shouldn’t have to know the ins and outs of car insurance or personal injury law to get a fair deal after a car accident. But if you were injured by another motorist in Orange County, you should seek the help of an experienced attorney to deal with the insurance companies on your behalf.

At Sam & Ash Injury Law , we work to build a strong case for the full compensation you deserve and to help you get your life back on track. We represent car accident victims throughout Nevada and California. And we’re here 24/7 to answer your legal questions . Let us review your case for free and talk to you about how we can help you. Contact us today — because when we fight, you win.

Frequently Asked Questions

Question: Do I have to report my crash to both the police and the DMV? What are the deadlines? Short answer: Yes, in many situations. If anyone was injured or killed, you must report the crash in writing to the California Highway Patrol or local police within 24 hours. If an officer responds and writes a report, that satisfies this duty. Separately, you must file a Report of Traffic Accident Occurring in California (SR 1) with the DMV within 10 days if there were injuries, a death, or property damage over $1,000. If you’re too injured to file, someone else can do it for you. Your driving privilege will be suspended if you fail to submit the SR 1 or if you lacked proper insurance at the time of the collision.

Question: What auto insurance coverage is required in California, and what else should I consider? Short answer: California requires liability insurance with at least $15,000 for injury/death to one person, $30,000 for injury/death to more than one person, and $5,000 for property damage. Insurers must offer uninsured/underinsured motorist (UM/UIM) coverage; it protects you if the at-fault driver lacks enough insurance, and you must sign a waiver to decline it. Collision coverage is optional but pays for your vehicle if you’re at fault, and it’s often required if you lease or finance your car.

Question: How does California’s pure comparative negligence rule affect my compensation? Short answer: Each driver’s share of fault reduces their recovery by that percentage, but both sides can still recover something—even the driver who is mostly at fault. For example, if you have $100,000 in losses and are found 30% at fault, your recovery would be reduced to $70,000. Your insurer would also be responsible for 30% of the other driver’s damages. Because California uses a pure system, you could be 99% at fault and still recover 1% of your losses.

Question: How long do I have to file a personal injury lawsuit after a car accident in California? Short answer: Generally, two years from the date of injury. If the injury wasn’t discovered right away, you have one year from the date you discovered it. There are limited exceptions, so acting promptly helps protect your rights.

Question: Do most car accident cases go to trial, and how can a lawyer help? Short answer: Most claims settle without a trial. Experienced attorneys gather evidence of fault, present it to the insurer, and negotiate for a fair settlement. If the insurer won’t be reasonable, the next step is filing a lawsuit and asking a judge and jury to decide. Firms like Sam & Ash Injury Law in Orange County level the playing field against profit-driven insurers, build strong cases for full compensation, and are available 24/7 to discuss your options.