Car accident law in California is governed by a combination of statutes, regulations, and legal principles. Here’s a breakdown of some key aspects:
- Fault System: California follows a “fault” system for car accidents, meaning the person responsible for causing the accident is typically liable for resulting damages. This principle guides insurance claims and lawsuits following accidents.
- Statute of Limitations: In California, there’s a statute of limitations, or time limit, for filing a personal injury lawsuit related to a car accident. Generally, you have two years from the date of the accident to file a lawsuit for personal injury or property damage. It’s crucial to adhere to this deadline, as failure to do so can result in losing the right to seek compensation.
- Comparative Fault: California applies a “pure comparative fault” rule in personal injury cases, including car accidents. This means that even if you were partially at fault for the accident, you can still recover damages, but the amount you receive may be reduced by your percentage of fault. For example, if you were found 20% at fault and awarded $10,000 in damages, your final award would be reduced to $8,000.
- Insurance Requirements: California law mandates that all drivers carry liability insurance with minimum coverage limits. The minimum liability coverage required is $15,000 for injury or death to one person, $30,000 for injury or death to multiple people in one accident, and $5,000 for property damage. However, it’s often recommended to carry higher limits to adequately protect yourself in case of a serious accident.
- No “No-Fault” Insurance: California is not a no-fault state for car insurance purposes. This means that drivers typically seek compensation directly from the at-fault driver’s insurance company rather than relying solely on their own insurance coverage.
- Reporting Requirements: California law requires drivers to report accidents involving injury, death, or property damage exceeding $1,000 to the California Department of Motor Vehicles (DMV) within ten days if law enforcement does not investigate the accident.
- Uninsured/Underinsured Motorist Coverage: While not required by law, uninsured/underinsured motorist coverage (UM/UIM) is valuable protection in California. It provides coverage if you’re injured in an accident caused by a driver who doesn’t have insurance or doesn’t have enough insurance to cover your damages.
- Personal Injury Protection (PIP): PIP coverage is not mandatory in California. PIP pays for medical expenses and other related costs regardless of who was at fault for the accident. However, California drivers have the option to purchase MedPay coverage, which is similar to PIP and covers medical expenses resulting from a car accident.
These are some of the key aspects of car accident law in California, but it’s important to note that laws and regulations may change, so consulting with a legal professional for specific advice regarding your situation is recommended.