California Car Accident Laws – A Complete Guide

More than 39 million people live in California, making it the most populous state in America. As you might expect, thousands of Golden State residents suffer car accident injuries and fatalities every year. California car accident laws exist to help guide injured victims through the legal process after a crash. These state regulations set the rules that authorities and insurers alike must follow when determining:

• Driver liability (i.e., who is responsible for causing any given car accident)
• What economic damages each victim may qualify for
• How the state of California sets car insurance coverage requirements and minimum policy amounts for each registered vehicle

An attorney who understands California’s car accident laws well can be a huge asset for your claim. Each crash is different and requires the expertise of an attorney who understands how to get the most out of your settlement. Keep reading to learn how state laws in CA can affect your own case.

California Car Accident Guide: Key Takeaways

• California law expects you to protect your health first, then your case. Call 911 to report the crash, then document the scene before your memories fade or any evidence disappears.
• You must report qualifying crashes to the DMV with an SR‑1 form within 10 days. Otherwise, you risk adding driver’s license problems on top of everything else from your wreck.
• The state’s minimum 15/30/5 insurance limits are a legal floor, not a financial safety net. In fact, serious crashes can blow through your policy’s coverage amount faster than you might realize.
• Because California follows pure comparative negligence laws, your compensation can shrink with every percentage point of fault for your wreck. That is exactly why insurers push so hard to shift blame, and why an attorney can typically help you get more money.
• Strict filing deadlines (as short as 180 days for government claims) mean you usually don’t have time to have an attorney review your settlement offer. That’s why it’s so important to call a lawyer first; once the statute of limitations ends, your right to negotiate more money is gone for good.
• “Invisible losses” like future medical bills, pain and suffering, or lost future earning potential often go uncompensated unless you have a lawyer.

What California Car Accident Laws Say You Must Do at the Scene of Any Crash

Your first priority after an auto accident is to check for serious injuries and to call 911 immediately if anyone needs medical assistance ASAP.

After confirming everyone’s safety, report the crash to the police department or California Highway Patrol for future records.

California Vehicle Code Section 20008 requires you to report any incident that results in injuries or deaths within 24 hours. A police report will also strengthen your car accident claim because it provides valuable information in determining fault for your case.

CVC §16000 also requires you to report any auto accident that causes more than $1,000 in property damage within 10 days.

After calling the police, be sure to exchange information with the other driver(s). This should always include:

1. Names
2. Phone numbers
3. Addresses
4. Driver’s license numbers
5. Yours and the other party’s insurance policy information

Not only is this step a requirement under CVC §20003, but trading info ensures no one can accuse you of a hit and run, according to CVC §20002.

Finally, take pictures of the site of your car accident as soon as you possibly can. If possible, talk to witnesses who saw the crash happen firsthand. Avoid saying anything that sounds like you’re admitting fault when communicating with others at the scene. All of this information will make liability clearer for the auto accident attorney handling your claim.

How to Report a Car Accident in California

Contact the DMV to report your car accident if any of the following applies to your case:

• Property damage that costs more than $1,000
• Any visible or potential injury (including muscle pain), however slight
• Fatalities that directly result from your traffic collision

Then, file a completed SR-1 form that includes all necessary information about your car accident as required by CVC §16000.

Important: You risk the state of California revoking your driver's license if you fail to do this step within 10 days of your accident.

Filing an SR-1 Form

You can submit an SR-1 form in person at your nearest DMV office, by mail, or online through the DMV website. You’ll need the following information handy when you fill out this form:

• Your driver’s license
• Your license plate number or vehicle identification number (VIN)
• Your car insurance information
• The license, plate number, and insurance information of any other driver(s) involved

Having trouble filling out your SR-1 form? We recommend that you speak to an auto accident attorney to make sure each entry is correct. LegalASAP can connect you with an experienced attorney in your area to make this process as smooth as possible.

California Car Insurance Laws

California law requires drivers to “provide evidence of financial responsibility” to police officers whenever a car accident occurs, according to CVC §16028. What “financial responsibility” refers to in this specific instance is carrying car insurance.

Minimum Insurance Requirements

Each state has different insurance requirements. California law requires every driver to carry a minimum of 15/20/5 car insurance on any registered vehicle, according to CVC §16028a. This ratio refers to:

• $15,000 to cover injury or death to one person
• $30,000 to cover injury or death to multiple people
• $5,000 to cover property damage as a result of the accident

If you’re in an accident while driving an uninsured vehicle, you could face fines or up to six months’ jail time for violating CVC §16028a.

These are the minimum car insurance requirements for all drivers on California roads. That said, if you’re seriously injured, then the minimum coverage might be too little to cover your accident costs.

There are additional coverage options you may want to consider when financing your vehicle. The ability to tap into that extra coverage can help tremendously while dealing with a car accident in California.

Uninsured or Underinsured Motorist Coverage

California car accident laws require insurance companies to offer uninsured or underinsured (UM/UIM) motorist coverage to their customers. However, it is entirely optional for you to elect to purchase this coverage.

When you get into a car accident with an uninsured driver, this coverage allows your insurance company to cover your damages. However, that only applies if you are not responsible for causing the crash.

Underinsured motorist coverage also allows your insurance to cover your damages if the other party has too little coverage to pay your total costs.

California has one of the highest rates of uninsured drivers in the U.S., with an estimated 16% of all drivers going without coverage.

Even though California does not require drivers to carry UM/UIM coverage, it is highly advisable. That’s because you have an unusually high chance of hitting an uninsured or underinsured motorist while driving in California.

Additional California Car Insurance Options

California’s minimum coverage might not be sufficient in covering all of your car accident losses. If you’re at fault for the collision, any victim’s attorney ca legally sue you for damages. It would be wise to consider extra coverage when purchasing your car insurance policy. Examples of additional coverage would include:

• Theft coverage
• Medical payments coverage
• Collision coverage
• Comprehensive coverage

California Accident Fault Laws

How does the law decide who is responsible for causing a California car accident? This question is important, because whomever is liable must also pay an costs associated with your wreck.

Since California is a pure comparative negligence state according to California Civil Code §1714, more than one person can be responsible for paying those costs.

Comparative Negligence

California implemented pure comparative negligence for two reasons:

1. This system allows you to recover money even if you’re partially liable for the accident
2. More than one person can be responsible for different car accident aspects

For example, if someone runs a stop sign and crashes into another car that’s driving too fast, both are partially liable under the law. One driver may be 70% liable for the crash, while the other is 30%.

Each person pays according to their share of liability for causing the crash. As a result, insurance companies also reduce each driver’s settlement amount by their percentage of liability.

This system also applies for car accidents involving more than two people. According to California Civil Code §1431.2, everyone must cover their share of liability after an injury accident.

We strongly recommend consulting with a lawyer about liability issues, like how to reduce your share of the blame. Or how to maximize your settlement when the other party’s liability is clear, but your injuries are severe.

Insurance companies want to award as little money as possible to protect their profits. A legal professional will work in your best interest to make sure you receive the most pay you deserve for your losses.

Statute of Limitations for Car Accidents in California

There is a time limit for filing car accident claims which is most commonly known as the statute of limitations. In California, this time limit for car accident claims depends on whether or not you have any injuries to report:

1. Two years for claims that include any medical bills as stated in California Civil Code §335.1
2. Three years for property damage-only claims as outlined in California Civil Code §338

It’s extremely important to file your car accident claim before the statute of limitations ends. If you miss that filing deadline, no court or insurance company in America will pay you a settlement.

Tolling the Statute of Limitations

There are few situations where an attorney can extend the statute of limitations in your case. But if you meet these requirements, you may be able to extend your timeline to file a valid claim:

• There was a delay in discovering your car accident injury (California Civil Code §338)
• No one can locate the defendant (California Civil Code §351)
• The defendant is currently in prison (California Civil Code §352.1)
• A disabled individual or minor younger than 18 is the injured victim in question (California Civil Code §352)

Statute of Limitations on Government Claims

If you‘re in a car accident with a government vehicle or employee, you face an even shorter deadline to file. You have only 180 days after your accident date in such cases, according to California Government Code §911.2.

Damages for Vehicle Collision Victims in California

California law allows car accident victims to recover damages resulting from the negligence of another party. There are two specific types of damages available to victims: Economic and non-economic damages.

You can see examples of both economic and non-economic damages in California Civil Code §1431.2.

Economic Damages

Economic damages are the monetary, measurable losses you suffer after a car accident. Common examples of economic damages include:

• Past and future medical expenses
• Vehicle repairs and maintenance costs
• Lost income or work wages
• Loss of use of property
• Lost future employment opportunities or earning power

Non-Economic Damages

Non-economic damages are your non-measurable car crash losses. Examples of non-economic damages include:

• Pain and suffering
• Loss of consortium
• Loss of reputation
• Emotional distress
• Mental anguish
• Permanent disability

Due to the nature of non-economic damages, many victims without attorney representation do not realize they’re eligible for a higher payout. The only way to be sure you’re getting the most money your injuries deserve after a car accident in CA is working with a lawyer.

Connect With a Local Auto Accident Lawyer Through LegalASAP Now

Car accidents can leave you in pain and filling out mountains of paperwork. And various misconceptions about how the law should apply in your specific case can make things worse. Not only will an attorney clear up the complex legal process for you, but you may receive a higher settlement than you would if you accept the insurance company’s first offer.

LegalASAP can connect you with an auto accident lawyer in your area to review your case for free. This service is always free of charge and does not require you to do anything else afterwards. Click below when you’re ready to learn your claim’s true potential worth:

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