Is California a no-fault state?

No. California is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.

What is California's fault rule for a car accident?

California follows pure comparative fault. You can recover even if you were mostly at fault — your award is reduced by your share of fault.

How long do I have to file an injury claim in California?

In California the statute of limitations for a personal-injury claim is generally 2 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.

California · Injury claims

Car accident injury claims in California

In California, an injury claim runs through the at-fault driver's insurer — and how much you can recover turns on the state's fault rule, coverage minimums, and a filing deadline that's easy to miss. Here's what shapes an injury claim in California.

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California at a glance

Fault rule: Pure comparative fault
No-fault state?: No
Minimum liability coverage: 30/60/15 (eff. 1/1/2025 per SB 1107; was 15/30/5; rises to 50/100/25 eff. 1/1/2035). Alternative: $35K cash/bond deposit.
Time limit for an injury claim: 2 years

How fault works in California

California is a PURE comparative negligence state — there is NO bar. Even a 99%-at-fault plaintiff recovers 1% of damages (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804; CACI 17-01 confirms the doctrine). This differs from GA's 50% bar, FL's >50% bar, and TX's >50% bar.

Paying for injuries in California

California is an at-fault (tort) state. There is NO PIP / no-fault. MedPay is optional, with a $1,000-per-person minimum where elected.

How Moe handles injury claims in California

Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to California’s rules, drafts every letter for your approval, tracks the deadlines, and only pings you when there’s a decision to make.

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California injury claims — common questions

Is California a no-fault state?: No. California is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.
What is California's fault rule for a car accident?: California follows pure comparative fault. You can recover even if you were mostly at fault — your award is reduced by your share of fault.
How long do I have to file an injury claim in California?: In California the statute of limitations for a personal-injury claim is generally 2 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.

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All California accident-claim rules · Other states

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This page summarizes California’s car-accident claim rules for general information — it is not legal advice, and the rules can change. What applies to your claim depends on your policy and the specific facts.