Is California a no-fault or at-fault state for car accidents?

California is an at-fault state. The driver who caused the accident is responsible for damages. You file a claim with the at-fault driver's insurance, not your own.

What is comparative negligence in California car accidents?

California uses pure comparative negligence. Even if you are 99% at fault, you can still recover 1% of your damages. Your recovery is reduced by your percentage of fault. An attorney helps minimize your assigned fault.

California Law Guide 2026

California Car Accident Laws — Know Your Rights

Q: What is the statute of limitations for car accidents in California?

In California, you have 2 years from the accident date to file a personal injury lawsuit. For property damage, you have 3 years. Claims against a government entity must be filed within 6 months.

California law gives you powerful rights after a car accident — but only if you act correctly. Understanding these laws can mean the difference between a denied claim and a six-figure settlement.

California Is an At-Fault State

California follows the at-fault (tort) system — the driver who caused the accident bears financial responsibility for all damages. You can file a claim with:

The at-fault driver's liability insurance (most common)
Your own collision coverage (if you have it)
Your own uninsured/underinsured motorist coverage (if the at-fault driver is uninsured)

Pure Comparative Negligence

California Civil Code § 1714 establishes pure comparative negligence — one of the most plaintiff-friendly rules in the country. Even if you were partially at fault, you can still recover damages, reduced by your percentage of fault.

      Example: You were rear-ended but didn't use a turn signal. A jury finds you 20% at fault. If your damages total $100,000, you recover $80,000. Insurance companies will try to inflate your fault percentage — an attorney fights to keep it minimal.
    

Statute of Limitations — Do Not Miss This Deadline

Claim Type	Deadline	Notes
Personal Injury	2 years from accident date	CCP § 335.1
Property Damage	3 years from accident date	CCP § 338
Government Entity Claim	6 months — file a claim form	Gov. Code § 911.2
Minor Victims	2 years after turning 18	Tolled during minority
Hit and Run (Unknown Driver)	Must notify your insurer within 30 days	UM coverage deadline

California Minimum Insurance Requirements

California requires all drivers to carry minimum liability insurance (15/30/5), but these minimums are often insufficient for serious injuries:

$15,000 per person for bodily injury
$30,000 per accident for bodily injury
$5,000 for property damage

When the at-fault driver's insurance isn't enough to cover your damages, your own underinsured motorist (UIM) coverage kicks in — if you have it. Always carry UIM coverage in California.

Frequently Asked Questions

Is California a no-fault or at-fault state?

California is an at-fault state. The driver who caused the crash pays. You file against their liability insurance. This is different from no-fault states where you always file with your own insurer first.

What is the statute of limitations for car accidents in California?

2 years from the date of the accident for personal injury (CCP § 335.1). 3 years for property damage. 6 months for claims against a government entity. Miss the deadline and you permanently lose the right to sue.

What if the other driver has no insurance?

File an uninsured motorist (UM) claim with your own insurance. California requires UM/UIM coverage unless you specifically reject it in writing. Gonzales Law Offices handles UM/UIM claims — insurers often fight these aggressively.

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