California is a fault state. The driver who caused the crash, through their insurance, owes the losses it caused. A few rules decide how much actually gets paid.
Shared fault doesn’t end your case
California uses pure comparative fault, a rule from the state Supreme Court’s 1975 decision in Li v. Yellow Cab. If you were 20% at fault, your recovery is reduced by 20%, not wiped out. Insurers often push a bigger share on you than the facts support. That’s a fight worth having.
Minimum limits are low
Since January 1, 2025, the minimum liability policy in California is $30,000 per person, $60,000 per accident and $15,000 for property damage. A serious injury can cost far more, so we look for every other policy that applies: an employer’s commercial coverage, a trucking company’s policy, rideshare coverage and your own.
Your own coverage can help
Uninsured and underinsured motorist (UM/UIM) coverage pays when the other driver has no insurance, not enough, or drove off. Medical payments coverage (MedPay) can pay medical bills regardless of fault. Using them does not mean you were at fault. See our uninsured motorist page.
Uninsured drivers face a limit
Under Proposition 213 (Civil Code section 3333.4), a driver who had no insurance on their own car at the time of the crash generally can’t recover pain and suffering damages, only economic losses like medical bills and lost wages. There are exceptions, such as when the at-fault driver was convicted of DUI.
Commercial vehicles change the case
When the at-fault driver was working, their employer is usually responsible too. Trucking companies, delivery contractors and their insurers move fast to lock down their version. We send a preservation letter early so the logbook, engine data and camera footage aren’t lost.
Public vehicles and dangerous roads
If a city, county, Caltrans or Omnitrans vehicle was involved, or a defect in the road caused the crash, a written government claim is usually due within six months under Government Code section 911.2. Miss it and the case may be gone.