No. California is not a no-fault state. It is an at-fault (tort) state. The driver who caused the crash, and that driver’s liability insurance, pays for the injuries and damage. You are not limited to your own policy, and you can sue the at-fault driver. Fault is decided by the evidence, and it can be split between drivers.
A no-fault state is a state where each driver’s own insurance pays their medical bills after a crash, no matter who caused it. California does not work that way. This article explains how fault is decided here, what partial fault means, and where the money comes from. It applies to California claims. Every case is different.
Is California a no-fault state?
California is an at-fault state, not a no-fault state. When a crash happens here, the person who caused it is legally responsible for the harm. That rule comes from Civil Code section 1714(a), which says everyone is responsible for injuries caused by their lack of ordinary care. Lawyers call this a tort system.
In practice, your claim goes against the other driver’s insurance company. If someone ran a red light on Arrow Highway and hit you, you claim against that driver’s insurer for your medical bills, lost wages, car damage, and pain and suffering. The trade-off is that you have to prove fault. Nobody pays just because a crash happened.
What does a no-fault state do differently?
In a no-fault state, your own auto policy pays your medical bills and some lost wages after a crash, regardless of who caused it. That coverage is called personal injury protection, or PIP. Florida, Michigan, and New York are the best-known examples, and in those states you generally cannot sue the other driver unless your injuries pass a legal threshold.
California has no PIP requirement and no injury threshold. You can bring a claim against the at-fault driver for any injury, large or small. Your own insurer is not the first stop unless you choose to use optional coverage.
People confuse the two systems for a few reasons. Some moved here from a no-fault state. Some hear an adjuster say “your own policy covers that” and assume it is the law. And some mix up “no-fault” with shared blame. Shared blame is real in California, but it is called comparative negligence, and it works very differently.
How is fault decided after a California car accident?
Fault is decided by evidence, not by the insurance company’s opinion. The question is whether a driver failed to use ordinary care and whether that failure caused the crash. The proof comes from the police report, Vehicle Code violations, physical evidence, witnesses, and video.
The police report is the starting point. The officer usually notes a primary collision factor and cites a Vehicle Code section. The report is not the final word, but adjusters lean on it heavily.
A traffic violation carries extra weight. Under Evidence Code section 669, a driver who broke a safety statute and caused the kind of harm it was meant to prevent is presumed negligent. Lawyers call this negligence per se. A red-light violation, speeding, or a DUI can shift the whole case.
Then there is the physical evidence: crush damage, skid marks, dashcam or business camera footage, and cell phone records. In our practice we see disputed-liability cases turn on a single clip from a gas station camera on Foothill Boulevard. Footage gets overwritten in days, so get it early.
What happens if I was partly at fault?
You can still recover money. California follows pure comparative negligence. Your recovery is reduced by your percentage of fault, but it is not wiped out, even if you were mostly to blame. The California Supreme Court adopted this rule in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804.
Say a jury decides you were 20 percent at fault because you were a little over the limit when someone pulled out in front of you. You recover 80 percent of your damages. At 60 percent fault, you still recover 40 percent. Some states cut you off at 50 or 51 percent. California does not.
This is where adjusters do a lot of their work. Every point of fault they add to your side lowers what they pay. Saying “I didn’t see him until the last second” in a recorded statement can become “20 percent inattention” in the file.
In our experience, one of the biggest mistakes injured people make after a crash is arguing fault with the other driver’s adjuster on the phone. That mistake can matter because every casual word becomes a comparative fault argument later, and you cannot take it back. If you are dealing with this issue, save the police report number, your photos, and the names of every witness, and do not give a recorded statement before speaking with an attorney.
How much insurance does the at-fault driver have to carry?
Not much. For policies issued or renewed on or after January 1, 2025, the minimum liability limits are $30,000 per person for bodily injury, $60,000 per accident, and $15,000 for property damage. Those figures are in Vehicle Code section 16056(a)(2), and Insurance Code section 11580.1(b)(1) requires every California auto liability policy to carry at least those limits.
The minimums doubled under SB 1107. Before January 1, 2025, the floor had been 15/30/5 for decades, and the law raises the limits again on January 1, 2035. Even so, one emergency room visit and a few weeks of physical therapy can go past $30,000.
This is the weak spot in an at-fault system. Your right to recover is only as good as the other driver’s ability to pay, and many drivers in the San Gabriel Valley and Inland Empire carry the minimum or nothing at all.
Where does the money actually come from after a crash?
Usually from three places: the at-fault driver’s liability insurance, your own optional coverages, and your own uninsured or underinsured motorist coverage.
- 1Third-party claim. The main claim in an at-fault state. You file against the other driver’s liability insurer for medical bills, lost income, car damage, and pain and suffering, up to the policy limits.
- 2Your collision coverage. If you carry it, your own insurer can fix or total your car right away, minus your deductible, then collect from the other driver’s insurer.
- 3Your MedPay coverage. Pays your medical bills up to a small limit no matter who was at fault. It is optional in California and it is not no-fault insurance.
- 4Uninsured motorist (UM) coverage. If the other driver has no insurance, or it was a hit and run, your own UM coverage steps in. Insurance Code section 11580.2 requires insurers to offer it, and you have to reject it in writing to not have it.
- 5Underinsured motorist (UIM) coverage. If the other driver’s limits are too low for your injuries, UIM pays the difference up to your own limits. The difference between UM and UIM coverage in California confuses a lot of people.
- 6Health insurance or a lien. Your health plan can pay treatment now and get reimbursed from the settlement. Without health insurance, treatment on a lien is often the answer.
Because the money can come from several places, the order matters. We explain what happens when the driver who hit you has no insurance in a separate guide.
Not sure what to do next? You can call Morales Law Firm for a free consultation before speaking with the insurance company, and there is no fee unless we win.
Call (626) 521-5402Why do people confuse no-fault insurance with MedPay?
Because MedPay pays regardless of fault, and that sounds like “no-fault.” The difference is what happens next. In a true no-fault state, PIP is required, it is the primary source for your medical bills, and it limits your right to sue. In California, MedPay is optional, usually small, and it does not touch your right to sue the at-fault driver.
Adjusters sometimes use this confusion. You call the other driver’s insurer and hear, “Use your own MedPay first.” That is not a legal requirement. It is a way to shift costs. Using MedPay to keep bills out of collections can be smart, but it should be your choice, and some policies treat it as a loan against your final recovery.
What does the other driver’s insurer have to do with your claim?
The insurer has to handle your claim fairly and on a schedule. Under 10 CCR section 2695.7, the Fair Claims Settlement Practices Regulations, the insurer must accept or deny a claim within 40 days after it receives proof of claim, give written reasons for a denial, send written status updates every 30 days when it needs more time, and pay within 30 days after accepting a claim. The regulation also bars settlement offers that are unreasonably low.
Insurance Code section 790.03(h) adds that failing to attempt in good faith to settle a claim once liability has become reasonably clear is an unfair claims practice. These rules give you leverage, but they do not enforce themselves.
Two deadlines control your claim. Under Code of Civil Procedure section 335.1, you have two years from the crash to file a lawsuit. If a government vehicle or a dangerous road is involved, Government Code section 911.2 requires a written claim to the public entity within six months. Our post on the statute of limitations for a car accident in California covers the exceptions.
What should you do after a crash in an at-fault state?
Build the fault case from minute one, because in California the evidence decides who pays. Get to safety, call 911, and get medical care the same day. Then:
- 1Get the police report number. The responding agency is usually the CHP, the LA County Sheriff, or a city police department.
- 2Photograph everything. Both cars, the plates, the intersection, skid marks, debris, and traffic signals.
- 3Get witness names and numbers. Independent witnesses are the best fault evidence, and they leave quickly.
- 4Look for cameras. Note any businesses, homes, or traffic cameras facing the crash. Footage is often erased within a week.
- 5File the SR-1. Vehicle Code section 16000 requires a DMV report within 10 days if anyone was hurt or damage exceeds $1,000.
- 6Do not admit fault or give a recorded statement. Exchange insurance information and stop there.
- 7Do not accept a quick check. Early offers come before the insurer knows how hurt you are. Read about whether to accept the first settlement offer after a car accident before you sign anything.
Save this checklist and bring it to your consultation. Our guide on what to do after a car accident in San Dimas and the San Gabriel Valley has the local details.
When should you call a lawyer?
Call a lawyer when fault is disputed, when you were hurt, or when the other driver’s insurance is thin or missing. In an at-fault state, those three situations decide whether you get paid.
- 1The other driver blames you. Once liability is contested, the adjuster’s goal is to raise your percentage of fault.
- 2You went to the ER or missed work. Real injuries push the claim past what most drivers carry, and the insurer’s approach changes.
- 3The other driver has no insurance or minimum limits. Your UM/UIM claim has its own rules, deadlines, and adjuster.
- 4The insurer wants a recorded statement or a medical release. Both are tools for building a comparative fault defense.
- 5A government vehicle or road defect is involved. The six-month claim deadline is short and unforgiving.
If any of these apply, talk to an attorney before the insurer’s next call. Waiting costs evidence.
How does Morales Law Firm handle car accident cases?
We start with fault, because in California that is where every claim is won or lost. Our office is at 151 W. Bonita Ave. in San Dimas, and most of our clients were hurt on the 10, the 210, the 57, the 60, or the 605, or on the surface streets that feed them, from Covina and Glendora to Pomona and the Inland Empire. When a case has to be filed, it usually goes to Pomona Courthouse South or the San Bernardino Justice Center.
On a new case we pull the police report, send preservation letters for video, get witness statements early, and open every available claim. You can read more about how we handle car accident cases and about our uninsured and underinsured motorist claims. We work in English and Spanish, the consultation is free, and there is no fee unless we win.
Frequently asked questions
Is California a no-fault state for car accidents?
No. California is an at-fault state. The driver who caused the crash is responsible for the damages, and the claim goes against that driver’s liability insurance. There is no PIP requirement and no injury threshold for suing. Fault is decided by the evidence and can be split between drivers.
Can I still recover if the accident was partly my fault?
Yes. California uses pure comparative negligence. Your recovery is reduced by your share of fault but not eliminated. If you were 30 percent at fault, you can recover 70 percent of your damages. Unlike some states, California does not bar recovery for a driver who was more than half at fault.
What are California’s minimum car insurance limits in 2026?
For policies issued or renewed on or after January 1, 2025, the minimums are $30,000 per person and $60,000 per accident for bodily injury, and $15,000 for property damage, under Vehicle Code section 16056. Those limits are low for a real injury, which is why your own UM/UIM coverage matters.
Do I have to use my own insurance first in California?
No. California is not a no-fault state, so you are not required to go through your own policy first. You can file directly against the at-fault driver’s insurer. Using your own collision or MedPay coverage is optional and can speed things up, but it is your choice.
How long do I have to file a car accident claim in California?
You generally have two years from the date of the crash to file a lawsuit under Code of Civil Procedure section 335.1. If a public entity is involved, a written government claim is due within six months under Government Code section 911.2. Insurance claims should be opened within days.
Injured in a crash? Call or text Morales Law Firm at (626) 521-5402 for a free consultation. No fee unless we win.
Call or Text (626) 521-5402This article is for general educational purposes only and is not legal advice. Every case is different. Reading this article does not create an attorney-client relationship. If you were injured, speak with a qualified attorney about your specific facts and deadlines. Reviewed by Francisco J. Morales, Esq., California personal injury attorney, SBN 349235. About the author.
