Introduction
California car accident laws can be confusing and stressful—especially when you’re unsure of your rights under California law. Whether you’re at fault or the victim, understanding California’s car accident laws is crucial for protecting your legal interests and ensuring proper compensation.
In this article, we break down your rights and responsibilities after an auto accident in Los Angeles and how an experienced car accident attorney can help you navigate the process.
1. California Is an At-Fault State
In California, the person who caused the accident is responsible for paying for the damages through their insurance. This is known as a fault-based or tort-based system.
What This Means for You:
- You can file a claim with your own insurance, the at-fault driver’s insurance, or sue the at-fault driver directly.
- Insurance companies will investigate and determine who was at fault based on evidence.
📌 Helpful Resource:
California Department of Insurance – Understanding Auto Insurance
2. Reporting the Accident
Under California Vehicle Code §16000, you must report an accident to the DMV if:
- There is more than $1,000 in property damage, or
- Anyone is injured or killed, even slightly.
This report is filed using Form SR-1, and it must be submitted within 10 days of the accident.
What You Must Do:
- Call the police and get an official report.
- File an accident report with the DMV using this form.
3. Comparative Negligence in California
California follows the rule of pure comparative negligence, which means:
- You can recover damages even if you were partially at fault.
- Your compensation will be reduced by your percentage of fault.
Example:
If you are awarded $100,000 but found to be 30% at fault, you would still receive $70,000.
4. Mandatory Insurance Requirements
To legally drive in California, you must carry minimum liability insurance:
- $15,000 for injury or death of one person
- $30,000 for injury or death of more than one person
- $5,000 for property damage
Failure to carry insurance may lead to fines, license suspension, and being personally liable for damages.
🔗 More on California’s minimum insurance requirements
5. Statute of Limitations for Car Accident Claims
In California, the statute of limitations (deadline) to file a lawsuit is:
- 2 years for personal injury claims
- 3 years for property damage claims
If you miss this deadline, you may lose your right to pursue compensation entirely.
🔗 California Courts – Time Limits for Filing Lawsuits
6. What to Do After a Car Accident in Los Angeles
To protect your legal rights, follow these steps:
- Check for injuries and call 911 if necessary
- Exchange information with the other driver
- Document the scene with photos or videos
- File a police report
- Seek medical attention, even for minor injuries
- Consult a Los Angeles car accident attorney
7. How a Los Angeles Car Accident Attorney Can Help
An experienced attorney will:
- Help you file insurance claims
- Investigate the accident and gather evidence
- Negotiate with insurers for fair compensation
- Represent you if your case goes to court
Final Thoughts
Understanding California car accident laws empowers you to make informed decisions after a crash. Whether you were hit by a reckless driver or partially at fault, knowing your rights and responsibilities can make a major difference in the outcome of your case.