California automobile accidents can have serious physical, financial, and legal repercussions. If you get involved in a car accident while you’re driving, you need to be aware of your legal obligations so you can protect your rights, understand who’s at fault, and recover any applicable damages.
Insurance and Financial Responsibility Requirements for California Car Owners
In California, all cars that are registered with the state must be covered by car insurance or a showing of financial responsibility. If you own a registered vehicle, paying for insurance is the easiest way to meet your legal requirements, but you also have other options, as listed below:
Minimum Allowable Car Insurance Coverage
California Insurance Code §11580.1b requires drivers to maintain a minimum insurance coverage policy on all registered vehicles that will pay for any accident-related costs, including property damage and personal injury costs.
California Vehicle Code §16056 specifies that this 15/30/5 coverage minimum must include:
- $15,000 to cover the injury or death of one person
- $30,000 to cover the injury or death of two or more people, and
- $5,000 to cover property damage
Alternative Proofs of Financial Responsibility
If you wish to establish financial responsibility for a registered motor vehicle without purchasing insurance, California Vehicle Code §16002 states that the following proofs are acceptable:
- Pay a $35,000 cash deposit to the Department of Motor Vehicles.
- Get a self-insurance certificate from the DMV, or
- Secure a $35,000 or greater surety bond from a company that is licensed to do business in California.
Coverage for Uninsured and Underinsured Motorists
California Insurance Code §11580.2 requires your car insurance provider to offer underinsured motorist coverage and uninsured motorist bodily injury coverage that can help cover damages if you get into an accident with an uninsured or underinsured driver. While you’re not legally obligated to purchase this coverage, you must decline it in writing.
Optional and Supplementary Car Insurance Coverage
It’s also a good idea to consider purchasing enough insurance to cover the full extent of any damages incurred in a car crash. If you are at fault in an accident, you may be sued. Comprehensive coverage, medical payments coverage, and collision coverage can help provide peace of mind if you ever experience a serious accident.
Providing Proof of Insurance
As a driver and owner of a registered vehicle in California, it’s important to keep valid proof of insurance available. California state law requires you to provide your drivers' license, vehicle registration, and proof of insurance when a law enforcement officer asks for it and when you’re involved in a car crash. If you fail to provide proof of insurance or financial responsibility, you could be fined or lose your driver’s license if you are in a car accident.
Reporting Requirements for Car Accidents
If you get into a car accident in California that leads to a personal injury or more than $1,000 in property damage, California Vehicle Code §16000 requires you, your insurance company, or your attorney to report the event to the DMV using form SR-1 within 10 days. This accident report form must include the contact information of all parties involved in the accident who claim to have suffered physical injury. You must also list the following data:
- the date, time, and location of the crash
- the name, birth date, address, and driver license information of all other drivers involved
- your name, birth date, address, and driver license information
- the insurance information (company, policy number, expiration) for all drivers involved
- an explanation of property damage and injuries
California Car Accident Liability Laws
If you are in a car crash in California, the state’s accident laws will determine who is at fault.
Determining Fault
California is an at-fault state for automobile crashes, which means that the driver at fault must pay for any damages caused by the accident. It’s important to note that the theory of pure comparative fault applies in California, which means that more than one person can be liable for damages caused by a car crash.
Victims can also seek to recover compensation if they are partially at fault and not fully responsible for the accident.
Apportioning Fault
If two or more people are at fault for causing a car crash, California Civil Code §1431.2 says that each of these people will be financially accountable for the crash to the extent of their error. Injured parties who contributed to the crash may find that they cannot recover full compensation for harm done.
For instance, if Drew and Ashley get into a car crash in California, they will each be held accountable for a specific amount of fault. If they both suffer $50,000 in damages and Drew is 70% at fault while Ashley is 30% at fault, Drew will be liable for $35,000 of Sue’s damages (70% of $50,000), while Ashley will be liable for $15,000 of Drew’s damages (30% of $50,000).
Damages Available to California Car Crash Victims
In California, the law specifies that victims of car accidents who experience personal injury as a result of the crash have the right to seek out non-economic and economic damages.
Non-economic damages, as specified by California Civil Code §1431.2(b)(2), are “subjective, non-monetary losses” a victim suffers, which may include:
- pain and suffering
- inconvenience
- mental suffering
- humiliation
- injury to reputation, and
- loss of consortium and companionship
Economic damages, as specified by California Civil Code §1431.2(b)(1), are any “objectively verifiable monetary losses” a victim suffers, which may include:
- loss of employment or business opportunities
- lost earnings
- medical bills
- costs associated with repairing or replacing property
- loss of the use of property, and
- burial costs
Limitations on Damage Recovery
Under certain circumstances, California Civil Code § 333.4 will prohibit people who are involved in a car accident from recovering non-economic damages for mental distress, pain and suffering, or other non-economic harm if they are uninsured or unable to meet California’s financial responsibility requirements or if they receive a DUI conviction.
Statute of Limitations for California Car Accidents
Car accident victims have a limited amount of time to sue for damages in California. The amount of time provided to file a claim depends on the kind of damage caused by the crash, such as:
Bodily Injury
California Civil Code §335.1 states that car crash victims who experience bodily injury must file a claim for damages within two years from the date the accident occurred.
Property Damage
California Civil Code §338 states that car crash victims who incur property damage must file a claim for damages within three years of the date of the accident.
Exceptions to the Statute of Limitations
In certain cases, California law allows the statute of statute of limitations to be extended. When an accident-related injury is discovered after a reasonable delay, the defendant cannot be found or is imprisoned, or the victim was disabled or a minor or disabled at the time of the accident, it may be possible to file a viable claim after the statute has expired. Car crash victims who believe that their accident was caused by their city, county, or state must request damages from the appropriate government agency within 180 days of the accident.
When You’re Involved in a California Car Crash, Seek Legal Advice
Experiencing a car crash in California can be a frightening and unpleasant experience. Understanding your legal obligations can help you protect your rights so you can recover and move on with your life as quickly as possible. An competent attorney can help you plot a course through California’s legal landscape and help you protect your rights.
