If you were hurt in a crash in California, one of the first questions you may have is whether you are required to go through your own insurance or if you can hold the other driver responsible. In other words, Is California a no-fault state for car accidents or insurance?
The answer is straightforward: California is not a no-fault state. Instead, it uses an at-fault system, meaning that the person who caused the accident is generally liable for damages.
This difference can have a major impact on how you pursue compensation. Understanding how California's laws work may help you make informed decisions after an accident.
Is California a No-Fault State?
The short answer to “Is California a no-fault state for car accidents?” is no. California is not a no-fault state for car accidents. The person who caused the crash is responsible for paying for the other party’s injuries and property damage. The state’s fault-based liability system is grounded in the California Civil Code, which states that everyone is responsible for harm caused by their lack of ordinary care.
This means that if someone rear-ends you while texting or fails to yield at an intersection, they may be legally responsible for your medical bills, lost income, and other losses. However, their insurance company will not simply write a check. You will need to show evidence of what happened and how it affected you.
California drivers are required to carry minimum liability insurance, which includes:
- $30,000 for injury or death to one person;
- $60,000 for injury or death to more than one person; and
- $15,000 for property damage.
However, these minimums are often not enough to cover serious injuries. If your losses exceed these amounts, you may need to pursue the other driver personally or explore other sources of coverage.
Is California an At-Fault State?
Yes. In an at-fault system like California’s, the insurance company for the person who caused the crash is expected to pay for the damages. However, the process is rarely simple. Fault is often contested, especially in multi-vehicle crashes or situations where both drivers may have made mistakes.
California also follows a pure comparative negligence rule. That means even if you are partly at fault, you may still recover compensation; however, your award will be reduced by your percentage of responsibility. For example, if you were 30% responsible for a crash and your damages totaled $100,000, you could still receive $70,000.
This system places a premium on evidence. The other driver’s insurer may try to assign partial blame to you to reduce what they owe. That is one reason many injured drivers choose to speak with a lawyer early in the process.
Does California Have No-Fault Auto Insurance?
No, California does not have no-fault auto insurance. In no-fault states, each driver’s own insurance typically pays for their injuries, regardless of who caused the crash. Those laws often limit your ability to sue unless the injuries meet a certain threshold. California does not use that structure.
Instead, you may pursue compensation directly from the at-fault driver or their insurance provider. You may also use your own insurance coverage to help cover costs upfront while your claim is pending. That can include:
- Medical payments coverage (MedPay)—to pay for medical care regardless of fault;
- Uninsured/underinsured motorist coverage—if the other driver lacks sufficient insurance; and
- Collision coverage—to repair or replace your vehicle.
Even though these are optional in California, many drivers carry them to protect themselves in case the at-fault driver is underinsured or flees the scene.
Why Fault Rules Make Early Legal Advice Important
California’s at-fault rules give you the right to pursue full compensation from the person who hurt you, but that right comes with challenges. The insurance company has no obligation to help you. If you do not present strong documentation and understand how to prove negligence, you may end up settling for less than your claim is worth.
For example, if your injuries do not show up immediately or if you delay seeing a doctor, the insurer may argue that something else caused your condition. If you say something that sounds like an admission of fault, it may be used against you even if it is taken out of context. These kinds of details matter under a fault-based system.
Speaking with a California personal injury lawyer does not mean you are filing a lawsuit. It means you are protecting your rights and learning what options are available under California law.
Speak with a California Car Accident Lawyer to Understand Your Rights
California’s at-fault rules offer you the ability to recover compensation from the driver who caused your injuries, but asserting that right requires strategy and preparation. With over 40 years of combined legal experience, the Law Offices of Steers & Associates can help you understand how fault applies in your case, what evidence matters most, and how to deal with insurance companies that may try to shift blame or minimize your claim.
Whether you are facing delayed symptoms, complex fault questions, or limited insurance coverage, our team will provide the clarity and support you need to move forward. Let us help you avoid common mistakes and pursue the compensation you deserve. Contact us today for a free consultation.
