Serving Northern California
Car accident laws vary considerably by state, with some states adopting an at-fault model while others require drivers to pay for their own car’s damage regardless of fault. California’s car accident laws outline key regulations for determining fault, filing claims, and recovering compensation following an accident. Understanding these laws can help you protect your rights and avoid paying for any damages you did not cause. If you’ve been involved in an accident, it’s essential to consult with a local Redding car accident lawyer to ensure you fully understand your rights and legal options.
California follows a fault-based system for car accidents, which means that the driver responsible for causing the accident is liable for the resulting damages. This system allows injured parties to seek compensation from the at-fault driver’s insurance company or through a personal injury claim. Unlike no-fault states, California drivers can recover the full extent of their damages, provided they prove the other driver’s negligence.
Common factors considered include speeding, distracted driving, and violations of traffic laws. Comparative negligence may also come into play, potentially reducing compensation if the injured party is partially at fault. Under California law, even if you are found partially responsible for the accident, you may still recover damages based on your degree of fault.
For instance, if you are deemed 20% at fault, your total compensation would be reduced by that percentage. This system underscores the importance of presenting strong evidence to minimize fault and secure the maximum compensation you’re entitled to. Understanding how comparative negligence impacts your case is key to protecting your financial recovery.
In California, the statute of limitations for filing a car accident claim varies based on the nature of the claim. For personal injury claims, individuals generally have two years from the date of the accident to file a claim.
If the accident involves property damage, the time frame extends to three years. When pursuing claims against government entities, such as a city or state agency, injured parties must file a notice of claim within six months. Failing to meet these deadlines can bar individuals from seeking compensation, making it essential to act promptly after an accident.
California law mandates that all drivers carry minimum liability insurance to cover damages in the event of an accident. As of 2025, the minimum coverage requirements are:
Drivers must also carry proof of insurance and provide it to law enforcement when requested. California offers uninsured motorist (UM) and underinsured motorist (UIM) coverage options, which provide financial protection if the at-fault driver lacks sufficient insurance. While UM and UIM are not mandatory, they are strongly recommended to safeguard against potential losses.
California law imposes strict reporting requirements for car accidents, ensuring that involved parties fulfill their legal obligations. Drivers must report any accident resulting in injury, death, or property damage exceeding $1,000 to the Department of Motor Vehicles (DMV) within 10 days using a Form SR-1. Accidents involving injury or death must also be reported to local law enforcement immediately, either at the scene or as soon as possible afterward.
Failing to report an accident can result in penalties, including suspension of your driver’s license. Providing accurate information in these reports is critical, as they often play a significant role in determining liability and insurance claims. Always retain copies of any submitted reports for future reference.
A: Fault in California car accidents is determined using a comparative negligence system. Investigators assess evidence such as police reports, witness statements, and accident reconstruction to determine the percentage of fault for each party. Even if both drivers share fault, compensation may be adjusted based on their percentage of responsibility.
Clear evidence of negligence, such as speeding or distracted driving, is crucial in assigning fault accurately and fairly.
A: California requires drivers to carry minimum liability insurance to cover damages in case of an accident. Drivers involved in a collision must exchange information and report the accident to the DMV if it results in injury, death, or property damage exceeding a certain threshold. Failure to meet these requirements can lead to penalties. Adhering to California’s accident policy ensures compliance and protects against further legal complications.
A: No, California is not a no-fault state. It operates under a fault-based system, meaning the driver found at fault for an accident is financially responsible for damages. This includes property damage, medical bills, and other expenses. Victims of car accidents can file claims against the at-fault driver’s insurance or pursue a claim, if necessary, to recover damages, depending on the circumstances of the case.
A: If a minor crashes a car in California, their parent or guardian may be held legally and financially responsible under state liability laws. This includes covering property damage, medical expenses, or other losses caused by the accident. If the minor is driving without proper licensing, additional penalties may apply. Parents should review their insurance policies to ensure coverage and understand the implications of a minor’s driving accident.
A: In California, you must call the police if the car collision results in injury, death, or significant property damage. Reporting the accident to law enforcement ensures there is a formal record, which can be crucial for insurance claims or legal proceedings.
For minor accidents with no injuries, exchanging information with the other driver may suffice, but contacting the police is still recommended for clarity and documentation. Always prioritize safety and comply with state reporting laws.
Following a car collision, there are many reasons why it may be beneficial to seek legal representation. If you are seeking compensation from the at-fault party’s insurance carrier, you may be surprised how tedious and challenging that effort can be. Insurance companies and negligent parties are often reluctant to pay what they owe even when they are clearly at fault.
At Barr and Mudford, we can handle the compensation process or take the case to court while you focus on recovering. To schedule your consultation, contact our office today.