California Car Accident Laws Every Driver Should Know

Most California drivers can name maybe three of the laws that will govern their next car accident claim — usually wrong. The rules below are the ones that quietly decide whether a serious injury becomes a fair recovery or a five-figure regret.

California follows a pure comparative negligence system, established by the California Supreme Court in Li v. Yellow Cab Co., 13 Cal.3d 804 (1975). Pure comparative negligence means a plaintiff who is partly at fault still recovers — even if they are 99 percent at fault, they collect the remaining 1 percent of damages from the other party. Most states use a modified rule that bars recovery once the plaintiff hits 50 or 51 percent fault; California does not. That difference alone has saved tens of thousands of injured Californians from walking away with nothing.

California's mandatory minimum auto insurance under Insurance Code § 11580.1b and Vehicle Code § 16056 is $15,000 per person for bodily injury, $30,000 per accident for bodily injury, and $5,000 for property damage — the familiar 15/30/5. That coverage has not been increased in any meaningful way in decades, and in 2024 the legislature finally passed SB 1107, raising minimums to 30/60/15 effective January 1, 2025. Either set is dangerously low. A single overnight in a California hospital easily exceeds $30,000; one MRI plus a few months of physical therapy can hit $20,000. Driving with only the minimums means a serious crash will almost certainly exceed the policy and expose you personally.

California carriers are required by Insurance Code § 11580.2 to offer uninsured and underinsured motorist (UM/UIM) coverage with every auto policy, and to obtain a written waiver if you decline it. UM/UIM is the coverage that steps into the at-fault driver's shoes when that driver has no insurance, not enough insurance, or fled the scene. It is almost always the highest-leverage coverage in your own policy, and almost always underpurchased. Check your declarations page; if you waived it, fix that today.

Hit-and-run conduct is criminal, not just civil. Vehicle Code § 20002 makes leaving the scene of a property-damage-only collision a misdemeanor; § 20001 makes leaving the scene of any accident involving injury or death a felony — punishable by up to four years in state prison. Even if no one is hurt, drivers are required to stop, identify themselves, and exchange information under § 16025, or leave written notice if the other vehicle is unattended. "I didn't think it was a big deal" is not a defense.

California Vehicle Code § 16000 requires every driver involved in an accident producing injury, death, or more than $1,000 in property damage to file an SR-1 report with the DMV within 10 days — regardless of fault and regardless of whether the police responded. The SR-1 is separate from your insurance claim and from any police report. Failing to file can result in a one-year license suspension under § 16004. Modern repair costs almost always exceed $1,000, so practically every accident with measurable damage triggers the requirement.

The two-year personal injury statute of limitations

California Code of Civil Procedure § 335.1 gives you two years from the date of the accident to file a personal injury lawsuit. Property damage claims have three years under § 338. The statute is jurisdictional — once it runs, the right to recover is generally extinguished, no matter how serious the injury or how clear the liability. Tolling exceptions exist (minors, incapacity, delayed discovery under § 340.2), but they are narrow and fact-specific. Treat two years as a firm deadline.

The Government Claims Act six-month deadline

When a public entity is involved — a city bus, a CHP cruiser, a county dump truck, a defectively maintained roadway, a malfunctioning traffic signal — the rules collapse the timeline dramatically. California Government Code § 911.2 requires a written claim to be presented to the public entity within six months of the accident for personal injury and property damage claims. Missing the six-month window does not necessarily end the case (Government Code § 911.4 allows late-claim relief in limited circumstances), but it is the kind of mistake that turns winnable cases into malpractice claims.

Comparative fault is decided by the evidence, not by you

Fault percentages are a legal determination based on the police report, witness statements, vehicle damage, ECM data, dashcam and surveillance footage, and accident reconstruction — not on what you felt in the first ten minutes after the crash. "I think it was partly my fault" is one of the most expensive sentences in a personal injury case. Never admit fault at the scene; let the evidence decide.

• Pure comparative negligence (Li v. Yellow Cab, 1975) — partial fault still recovers, even at 99 percent.
• Mandatory minimum insurance — 15/30/5 (legacy) or 30/60/15 (SB 1107, effective 2025); both are dangerously low.
• UM/UIM coverage required to be offered under Insurance Code § 11580.2 — never waive it.
• Hit-and-run is criminal — Vehicle Code § 20002 (misdemeanor) and § 20001 (felony, up to 4 years).
• SR-1 report due to DMV within 10 days of any injury or $1,000+ damage accident (Vehicle Code § 16000).
• Two-year statute of limitations (CCP § 335.1); six-month claim deadline against public entities (Gov. Code § 911.2).

If a government vehicle or condition is involved, do not wait The six-month Government Claims Act deadline catches more injured Californians off guard than any other rule. If your accident involved any public vehicle, public employee, or condition of public property — a pothole, a missing sign, a broken signal — call counsel within days, not months.

Related Article: How Long Does a Car Accident Settlement Take in California? California's statutory deadlines and comparative-fault rules sit alongside the practical claim timeline. Read the full settlement-timing guide at /articles/car-accident-settlement-timeline.

Related Article: What to Do Immediately After a Car Accident in California Every legal duty in this article begins with what you do at the scene. Read the scene playbook at /articles/what-to-do-after-a-car-accident-california.

Frequently Asked Questions

Q: What is pure comparative negligence and how does it affect my settlement? A: Pure comparative negligence, adopted in Li v. Yellow Cab Co. (1975), means each party's recovery is reduced by their own percentage of fault — and recovery is allowed even if you are mostly at fault. If a jury finds you 30 percent responsible on a $100,000 case, you recover $70,000. The doctrine applies at every stage of the claim: insurance adjusters reduce settlement offers by the comparative-fault percentage they assert, which is why fault arguments at the scene cost real money later.

Q: What if I'm 50% at fault — can I still recover? A: Yes. California is one of only about a dozen states that allow recovery at any percentage of fault. At 50 percent fault on a $200,000 case, you recover $100,000; at 75 percent fault on the same case, you recover $50,000. The percentage matters enormously to value, but it does not zero out your claim the way it would in modified-comparative states like Texas or Colorado.

Q: What happens if the other driver has no insurance? A: You turn to the uninsured motorist (UM) coverage on your own auto policy, required to be offered by every California carrier under Insurance Code § 11580.2. UM coverage steps into the at-fault driver's shoes and pays your damages up to your UM policy limits, handled by your own insurer. If the at-fault driver had some insurance but not enough, underinsured motorist (UIM) coverage closes the gap between their limits and your damages.

Q: What is an SR-1 form and when do I need to file one? A: The SR-1 is a Report of Traffic Accident Occurring in California, filed directly with the DMV. Under Vehicle Code § 16000, every driver involved in an accident that causes injury, death, or more than $1,000 in property damage must file an SR-1 within 10 days — regardless of fault, regardless of who was driving, and regardless of whether police responded. Failing to file can result in a license suspension under § 16004. The form is available at dmv.ca.gov and takes about ten minutes to complete.

Q: Do I have to call the police after every accident in California? A: A police response is not legally required for every minor fender-bender, but you should always call 911 anyway. Vehicle Code § 20008 requires reporting any injury accident to law enforcement within 24 hours, and a neutral, contemporaneous police report is one of the most valuable pieces of evidence in any later insurance claim or lawsuit. The cost of calling is ten minutes of your time; the cost of not calling can be the entire case.

Q: How much auto insurance should I actually carry in California? A: Carry far more than the legal minimum. Most experienced personal injury attorneys recommend at least 100/300/100 in liability coverage, plus matching UM/UIM limits, and a personal umbrella policy of $1 million or more if you own a home or have meaningful assets. Premium increases for these higher limits are surprisingly modest — usually a few hundred dollars per year — and the protection they provide in a serious crash is the difference between a covered claim and personal financial ruin.

Q: How long do I have to sue after a California car accident? A: Two years from the date of the accident for personal injury claims under Code of Civil Procedure § 335.1, and three years for property damage claims under § 338. If a public entity is involved — a city bus, government vehicle, public employee, or defective roadway — you must present a written claim to the entity within six months under Government Code § 911.2 before any lawsuit is possible. Cases involving minors, incapacity, or delayed discovery may qualify for tolling, but those exceptions are narrow.

Q: What are the penalties for a hit-and-run in California? A: Vehicle Code § 20002 makes leaving the scene of a property-damage-only collision a misdemeanor punishable by up to six months in county jail and a $1,000 fine. Vehicle Code § 20001 makes leaving the scene of an accident involving injury or death a wobbler offense — chargeable as a misdemeanor or a felony — and felony hit-and-run causing serious injury or death is punishable by up to four years in state prison. Civil liability is separate and survives the criminal case.

Q: I didn't file an SR-1 within 10 days — what do I do? A: File it now. A late SR-1 is better than no SR-1, and the DMV does not always act on late filings, particularly when the underlying insurance claim was reported promptly. If your license has been suspended for failure to file, the suspension can usually be lifted by submitting the SR-1 along with proof of insurance at the time of the accident. Talk to counsel before responding to any DMV correspondence on the issue.