California Minimum Coverage Requirements
California law requires all drivers to carry liability insurance (or post a bond or cash deposit). These are the mandatory minimums, often referred to as "15/30/5" coverage:
California Minimum Liability Limits
per person
per accident
per accident
California's minimums are dangerously low. A single ER visit can exceed $15,000, and modern vehicle repairs often exceed $5,000. If the at-fault driver only carries minimums and causes significant damage, you may not be fully compensated.
I strongly recommend higher limits and uninsured/underinsured motorist (UM/UIM) coverage to protect yourself.
Proposition 213: The Uninsured Driver Penalty
Proposition 213 (1996) is one of California's most significant - and often misunderstood - auto insurance laws. It dramatically limits what uninsured drivers can recover after an accident, even if someone else was 100% at fault.
What Prop 213 Does
If you're driving without insurance and get injured in an accident caused by someone else, Prop 213 bars you from recovering:
- Pain and suffering damages (non-economic damages)
- Emotional distress damages
- Loss of consortium damages
What You CAN Still Recover
Even without insurance, you can still recover economic damages:
- Medical expenses
- Lost wages
- Property damage
- Other out-of-pocket costs
Prop 213 restrictions do NOT apply if:
1. The at-fault driver was convicted of DUI (Vehicle Code 23152/23153)
2. The at-fault driver was committing a felony
3. You were a passenger (not the driver) in the uninsured vehicle
4. The at-fault driver was also uninsured
5. You had insurance but it lapsed within 90 days before the accident due to nonpayment
California-Specific Insurance Rules
Uninsured Motorist (UM) Coverage
California insurers must offer uninsured motorist coverage, but you can reject it in writing. I recommend carrying UM coverage at least equal to your liability limits because:
- About 15% of California drivers are uninsured
- UM coverage protects you when hit by an uninsured driver
- UM also covers hit-and-run accidents where the driver is never found
Underinsured Motorist (UIM) Coverage
UIM coverage kicks in when the at-fault driver has insurance, but not enough to cover your damages. California requires insurers to offer this coverage, but it's optional.
In California, you cannot "stack" UM/UIM coverage with the at-fault driver's policy. Your UIM only pays the difference between your UIM limits and what the other driver's insurance paid.
Medical Payments (MedPay) Coverage
MedPay covers medical expenses for you and your passengers regardless of fault. California insurers must offer it, but it's optional. Typical limits are $1,000-$25,000. Unlike health insurance, MedPay has no deductibles or copays.
Comparative Negligence in California
California uses a "pure comparative negligence" system. This means:
- Your recovery is reduced by your percentage of fault
- You can still recover even if you're more than 50% at fault
- Each party's fault is assessed as a percentage
Example
If you suffer $100,000 in damages but are found 30% at fault:
- Your recovery is reduced by 30%
- You can recover $70,000 from the other driver
If you're 80% at fault:
- You can still recover 20% of your damages ($20,000)
- The other party can recover 80% of their damages from you
Insurance companies often try to assign more fault to you than warranted to reduce their payout. Challenge fault determinations with evidence: police reports, witness statements, photos, and expert analysis can all help establish the true allocation of fault.
Statute of Limitations in California
| Claim Type | Time Limit | Statute |
|---|---|---|
| Personal injury | 2 years from accident | CCP 335.1 |
| Property damage | 3 years from accident | CCP 338 |
| Government entity defendant | 6 months to file claim | Gov. Code 911.2 |
| Wrongful death | 2 years from death | CCP 335.1 |
| UM/UIM claim against your insurer | 2 years (contract claim) | CCP 339 |
If your accident involves a government vehicle, public road defect, or any public entity, you must file a Government Tort Claim within 6 months. Missing this deadline bars your lawsuit entirely - even if the 2-year personal injury deadline hasn't passed.
California Low-Cost Auto Insurance Program
California offers a state-sponsored low-cost insurance program for eligible drivers who can't afford standard coverage. The California Low Cost Automobile Insurance Program (CLCA) provides:
- Liability coverage meeting state minimums (15/30/5)
- Premiums as low as $338/year depending on county
- Income eligibility requirements (approximately 250% of federal poverty level)
Eligibility Requirements
- Income at or below 250% of federal poverty level
- Valid California driver's license
- Vehicle less than 25 years old with value under $25,000
- Good driving record (no more than 1 at-fault accident or 1 point in last 3 years)
Even CLCA minimum coverage doesn't protect you from Proposition 213 if your policy lapses. If you're in the program, make sure to pay premiums on time. A lapse means losing your right to non-economic damages if you're injured.
What to Do After an Accident in California
- Stop and check for injuries - California law requires you to stop at any accident scene (Vehicle Code 20001)
- Call 911 if needed - Required for injuries; recommended for significant property damage
- Exchange information - Name, license, insurance, registration with all parties
- Document everything - Photos, witness info, notes about what happened
- Report to DMV - Required within 10 days if anyone was injured or killed, or property damage exceeds $1,000 (SR-1 form)
- Notify your insurer - Most policies require prompt notification
- Seek medical attention - Document injuries even if they seem minor
Need Help With Your California Auto Claim?
I help California drivers navigate insurance disputes, fight unfair denials, and maximize their recovery after accidents.