California Auto Insurance Laws After an Accident: What Drivers Must Know

Key Differences in California After‑Crash Insurance Rules

California mandates that every driver carry a minimum of $15,000 for bodily injury per person, $30,000 per accident, and $5,000 for property damage. Unlike many states, the law requires a written report to the DMV within 10 days if the crash results in injury, death, or property loss exceeding $1,000. Failure to file can lead to license suspension, regardless of fault.

Immediate Post‑Accident Obligations

After a collision, drivers must stop, exchange information, and provide proof of insurance. California law also obliges parties to render reasonable assistance, which includes calling emergency services when injuries are apparent. Within 24 hours, the at‑fault driver's insurer must acknowledge the claim and begin investigation; the other driver can request a copy of the claim file.

Uninsured and Underinsured Motorist Coverage

California requires insurers to offer Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage, but policyholders can decline in writing. If the at‑fault driver lacks sufficient coverage, UM or UIM can cover medical expenses, lost wages, and pain‑and‑suffering up to the policy limits. Declining these coverages leaves the victim to pursue a personal injury lawsuit, which can be lengthy and costly.

Comparative Fault and Damage Recovery

California follows a pure comparative fault system: each party's responsibility is expressed as a percentage. A plaintiff can recover damages reduced by their share of fault, even if they are 99% at fault, though recovery is barred if their fault reaches 100%. This rule influences settlement negotiations and the calculation of award amounts.

Statute of Limitations and Claim Timing

Personal injury claims must be filed within two years of the accident; property damage claims have a three‑year window. Insurance companies often set internal deadlines for claim submission, typically 30 days, so prompt notification protects the insured's right to full coverage.

Table: California Auto Insurance Minimums vs. Common Alternatives

Practical Steps for Drivers

• Document the scene: photos, videos, and witness contact info.
• File the DMV report within 10 days if required.
• Notify your insurer promptly and keep written records of all communications.
• Consider higher liability limits and retain UM/UIM coverage.
• Consult a California‑licensed attorney if injuries are serious or fault is disputed.