If you were just hit on a California road, the first practical question is who pays. California answers it with a fault-based system, sometimes called a tort system. The driver who caused the crash, and that driver's insurer, is financially responsible for the harm.1 That single choice shapes every claim that follows, and it separates California from the roughly dozen states that run some version of no-fault.
Here is what "at-fault" actually means in California, where the rules are unusual, and the deadlines that quietly end a claim.
At-fault, not no-fault
In a no-fault state, your own insurer pays your initial medical bills through mandatory personal injury protection (PIP) regardless of who caused the crash, and your right to sue the other driver is limited until your injuries clear a threshold. California does neither of those things.
California does not require PIP. The only auto coverage the state compels is liability insurance, the coverage that pays other people when you are the one at fault.2 Medical payments coverage (MedPay) exists here, but it is an optional add-on you buy voluntarily, and there is no statutory deadline for using it. So after a California crash you generally have three ways to be made whole: your own optional coverages, a claim against the at-fault driver's liability insurer, or a lawsuit against the at-fault driver directly. Nothing forces you to exhaust your own policy first, and no injury threshold stands between you and a claim against the person who hit you.
That freedom to sue is the core of a fault state. What you recover, though, depends on a rule California applies more generously than almost anywhere else.
Pure comparative negligence
California follows pure comparative negligence. Your compensation is reduced by your share of fault, but it is never eliminated, even if you were mostly to blame. The California Supreme Court adopted this rule in Li v. Yellow Cab Co. (1975), throwing out the old all-or-nothing contributory negligence doctrine and replacing it with apportionment in direct proportion to fault in all cases.3
The practical effect is large. In a modified comparative negligence state, a driver found 51 percent at fault recovers nothing. In California, a driver found 90 percent at fault can still recover 10 percent of their damages. If your losses total $100,000 and a jury assigns you 30 percent of the blame, you collect $70,000. Insurance adjusters know this rule and use it, so the fault percentage attached to your claim translates directly into dollars.
The coverage the at-fault driver is required to carry
Because the at-fault driver's policy is usually your primary source of recovery, its limits matter. For decades California kept some of the lowest minimums in the country. That changed under Senate Bill 1107, the Protect California Drivers Act.4
Since January 1, 2025, every California auto policy must carry at least 30/60/15: $30,000 for injury or death to one person, $60,000 for injury or death to more than one person, and $15,000 for property damage.2 Those figures are scheduled to rise again to 50/100/25 ($50,000, $100,000, and $25,000) on January 1, 2035.2
Minimums are still just minimums. A serious injury or a totaled late-model vehicle can blow past $30,000 quickly, and the at-fault driver may carry nothing more. If the damage to your car is the issue rather than your injuries, the separate question of your vehicle's lost resale value is covered on our California diminished value page.
When the at-fault driver has too little insurance, or none
California law does not leave you defenseless against an underinsured or uninsured driver. Every bodily injury liability policy issued in the state must include uninsured motorist (UM) coverage, which also functions as underinsured motorist (UIM) protection.5 You can turn it down, but only by signing a written waiver. If you never signed one, you probably still have it.5 This is your own coverage stepping in to pay what the at-fault driver cannot, and in a state with a high share of uninsured drivers it is often the difference between a paper judgment and an actual recovery.
Deadlines that end a California claim
A fault claim has a shelf life. In California the general statute of limitations for a personal injury or wrongful death claim from a crash is two years from the date of the collision.6 For damage to your vehicle or other property, the limit is longer, three years.7 Miss the deadline and the claim is gone, no matter how clear the other driver's fault.
One exception traps people constantly. If the at-fault party is a government entity, such as a city bus or a county vehicle, you must first present a written claim to that entity within six months of the crash, not two years.8 Blow the six-month window and your right to sue the public agency is usually lost before the two-year clock even matters.
Building the fault case starts with the official record. The crash report is the baseline document, and how to get yours in California is covered on our California crash reports page.
When fault carries extra exposure
Ordinary California car-crash claims have no cap on compensatory damages, economic or non-economic. The one statutory cap people often cite, MICRA, applies only to medical malpractice, not to car crashes. For reference it sits at $470,000 for non-economic damages in 2026 and climbs each year toward $750,000 by 2033.9
Some crashes justify more than compensation. Punitive damages are available in California on clear and convincing evidence of malice, oppression, or fraud, a standard that drunk driving conduct can meet.10 California mostly shields businesses that serve alcohol from liability, but a licensed seller who serves an obviously intoxicated minor can be sued if that sale proximately causes injury.11 These do not change who is at fault. They change how much being at fault can cost.
If your claim is contested or the injuries are significant, the fault percentage and the coverage math are worth professional review. You can find a personal injury attorney through our legal directory.
This article is general information about California law, not legal advice. For guidance on your specific situation, consult a licensed California attorney.
Sources
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California DMV, Insurance Requirements for Vehicle Registration. https://www.dmv.ca.gov/portal/vehicle-registration/insurance-requirements/
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Cal. Veh. Code § 16056 (financial responsibility and minimum liability limits). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=16056.
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Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 (adopting pure comparative negligence). https://www.courtlistener.com/opinion/1139343/li-v-yellow-cab-co/
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California Senate Bill 1107 (2022), Protect California Drivers Act. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1107
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Cal. Ins. Code § 11580.2 (uninsured and underinsured motorist coverage). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=11580.2&lawCode=INS
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Cal. Code Civ. Proc. § 335.1 (two-year limit for injury and wrongful death). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=335.1&lawCode=CCP
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Cal. Code Civ. Proc. § 338(c)(1) (three-year limit for property damage). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=338.&lawCode=CCP
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Cal. Gov. Code § 911.2 (six-month claim deadline against public entities). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=911.2.&lawCode=GOV
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Cal. Civ. Code § 3333.2 (MICRA non-economic damages cap, as amended by AB 35). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3333.2.
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Cal. Civ. Code § 3294 (punitive damages standard). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3294.
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Cal. Bus. & Prof. Code § 25602.1 (liability for serving an obviously intoxicated minor). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC§ionNum=25602.1.