Is California a No-Fault State for Auto Insurance?

California is an ‘at-fault’ car insurance state

California follows an “at-fault” — also known as a “tort” — system for car accidents. This means the driver who caused the accident is financially responsible for the other party’s injuries and damages.

California has a “no-pay, no-play” law, known as Proposition 213. This law states that uninsured drivers can’t collect compensation for certain losses (such as pain and suffering) after a car accident, even if the other driver is at fault.

Under Proposition 213, drunk drivers and “fleeing felons” are also prohibited from collecting non-economic damages. That said, uninsured drivers can still collect damages for medical expenses and lost income.^[1]

Because California is an at-fault state, drivers aren’t required to purchase personal injury protection (PIP) or medical payments coverage. Since California requires only $30,000 in bodily injury liability coverage per person, you can buy underinsured motorist coverage for additional financial protection in case an at-fault driver seriously injures you.

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At-fault vs. no-fault car insurance

The main difference between at-fault and no-fault insurance is who pays for damages after a crash. In at-fault states, the driver who caused the accident is responsible, and their auto insurance covers the other driver’s injuries and damages.

In contrast, no-fault states require drivers to file bodily injury claims with their own insurance company after an accident, regardless of fault, according to the Insurance Information Institute.^[2] Drivers in no-fault states are also required to purchase PIP to help pay for their medical expenses after an accident.

Question	California: At-Fault State	No-Fault State
Who pays first for injuries?	The at-fault driver’s insurer	Your own insurer
Is PIP required?	No	Yes
Can you sue the other driver?	Yes	Yes, in some cases

These 12 states use a no-fault insurance system:

• Florida

• Hawaii

• Kansas

• Kentucky

• Massachusetts

• Michigan

• Minnesota

• New Jersey

• New York

• North Dakota

• Pennsylvania

• Utah

How do car accident claims work in California?

In an at-fault state like California, the driver who causes a crash is typically financially responsible for the other driver’s injuries and property damage. If another driver hits your car, you would typically file a claim against their insurance to cover your property damage and medical expenses.

To illustrate, say that another driver rear-ends you at a stoplight, crushing your bumper and causing you whiplash. Since the other driver was clearly at fault, you’d file an insurance claim against their auto policy, which would pay for your damages up to their policy limits.

If you have questions about the claims process, you can contact your insurance company.

What are shared-fault rules in California?

California follows a pure comparative negligence fault system. This means you can still receive compensation after an accident even if you were partly at fault. Under these shared-fault rules, your compensation may be limited based on your level of fault.

Along with Missouri and New York, California is one of only three states with pure comparative negligence rules. Under this system, you can generally recover some compensation for accident-related injuries, as long as you weren’t 100% at fault.

For example, even if the insurers find you to be 99% at fault for a car accident, you could still technically recover 1% of your damages.

Minimum car insurance requirements in California

California’s minimum car insurance requirements are 30/60/15, which represents $30,000 in bodily injury liability per person, $60,000 in bodily injury liability per accident, and $15,000 in property damage liability insurance coverage.^[3]

California law doesn’t require drivers to have PIP coverage or uninsured/underinsured motorist coverage.

Here’s a breakdown of California’s car insurance requirements:

Coverage Type	California Minimum Requirement	What It Covers
Bodily injury liability per person	$30,000	Pays up to $30,000 per person for injuries or death you cause in a car accident
Bodily injury liability per accident	$60,000	Pays up to $60,000 per accident for injuries or death you cause in a car accident
Property damage liability	$15,000	Pays up to $15,000 for property damage you cause in a car accident

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What to do after a car accident in California

If you’re involved in a car accident in California, follow these steps:

1. Check for injuries. If you, the other driver, or anyone in your vehicle is injured, call 911 immediately.

2. Notify the police. Most car insurance policies require notifying the police within a specific time period, especially for a hit-and-run accident. Insurers may also request a copy of the police reports as part of the claims process.

3. Exchange information. Get the other driver’s name, address, telephone number, driver’s license number, license plate, and insurance information. If any witnesses are present, collect their contact information too.

4. Document any property damage. Take pictures of your vehicle’s damage, the other party’s vehicle damage, and the accident scene.

5. Notify the Department of Motor Vehicles (DMV). If vehicle damage exceeds $750 or if anyone is injured, you must notify the California DMV within 10 days.

California car insurance FAQs