Learn how to protect your safety, legal rights, and financial interests after a California car accident.
On average, over 50 people are injured or killed every day in California motor vehicle accidents.¹
You’re entitled to seek compensation for injuries caused by a negligent driver. This normally happens by filing a claim with the at-fault driver’s insurance company. If claim negotiations fail and you can’t reach a settlement, you can then file a lawsuit against the at-fault driver.
What to Do After a California Car Accident
Follow these five steps to protect your safety and right to injury compensation after a crash.
1. Stay At the Scene and Exchange Information
California car accident law requires drivers to stop and remain at the scene of an accident. Drivers must share their name and address, and the names and addresses of their passengers with the driver and occupants of the other vehicle.
2. Call 911 and Help the Injured
California requires drivers involved in an accident to render aid to the injured, including arranging transportation to a medical facility. Calling 911 to report the accident and ask for an ambulance will satisfy the requirement to arrange for transportation of the injured.
3. Seek Prompt Medical Treatment
You may be stunned by the impact of the crash and not realize you’ve been injured. Some injuries, even serious conditions like concussions and internal bleeding, may not be obvious right away.
Let paramedics examine you. If they want to take you to a hospital, let them take you. If you aren’t taken directly from the scene, go to a hospital emergency department or urgent care as soon as possible. Tell the medical provider when and how you were hurt and describe all your symptoms.
Refusing or delaying medical attention after an accident gives the insurance company a good excuse to deny or minimize your claim. You are entitled to compensation so long as you have medical records linking your injuries to the accident.
4. Gather Evidence From the Scene
In at-fault states like California, you’ll have to prove the other driver caused the crash before their insurance company will consider your claim. A copy of the police accident report is strong evidence of fault, especially if the other driver was ticketed for a traffic violation.
Other types of evidence include:
- Photographs and video of the accident scene
- Independent witness statements
- Your personal notes about the accident
5. Notify Both Insurance Companies
You don’t have to wait until you’ve fully recovered from your injuries to notify the other driver’s insurance company of your intent to file a claim.
The insurance company will likely respond to your claim with an acknowledgment letter with a claim number for your future reference. If an adjuster is assigned to your claim, you might get an immediate offer of settlement.
In most cases, it’s better not to accept a settlement until you’ve recovered from your injuries. Adjusters often make quick lowball settlement offers to see if they can get rid of you for a nominal amount.
What to Expect from Your Insurance Company
Because California is a traditional fault state, you are not required to rely on your own insurance company for injury claims. However, your auto policy is a contract that obligates you to notify your insurance company when you’ve been in an accident. You are also obligated to cooperate in the company’s investigation of the accident.
Your insurance company has a duty to defend you if you are named in a lawsuit by someone else in the accident. You might lose this protection if you fail to timely notify the company of the accident.
California Fault and Liability Rules
Car accident victims in California typically seek compensation by filing a claim with the negligent driver’s insurance company. You are not legally obligated to rely on your own policy.
You do have the option to use supplemental coverage you have purchased, like MedPay to cover immediate medical expenses or collision coverage for your vehicle repairs. Your insurer will pursue reimbursement from the at-fault driver’s carrier for the amounts they paid on your behalf.
California Shared Fault Rules
California follows a pure comparative fault rule. So long as you aren’t the only one at fault for the accident, you can seek compensation from the other driver. Your compensation will be reduced in proportion to your percentage of fault.
Example of Pure Comparative Fault in California
Shannon was driving on Market Street in heavy traffic, looking for the spot where she was scheduled to pick up a friend. Excited to see her friend waving from the sidewalk, Shannon slammed on her brakes and tried to back up.
Arlo was traveling behind Shannon and could not avoid a rear-end collision when Shannon hit the brakes. Arlo suffered a broken nose and concussion from hitting his head on the steering wheel.
Both drivers were injured, and neither driver was able to settle with the other’s insurance company. Arlo sued Shannon, seeking $20,000 in compensation.
After hearing witness testimony brought by both sides, the jury found that Shannon was 60 percent to blame for trying to back up against traffic, and Arlo was 40 percent at fault for following too closely. Arlo was awarded $12,000, representing a 40 percent reduction to his $20,000 claim.
California Car Accident Compensation
Insurance companies in California pay out more than $19 billion in auto accident claims each year.
You can estimate the value of a minor to moderate injury claim by adding up all the economic damages, like medical expenses and lost income, then adding one to three times that amount to compensate for non-economic damages, better known as pain and suffering.
The multiple depends on how much your injuries interfere with your activities of daily living. A multiple of one can be used for bruises and mild sprains, which should heal within a week or two. A multiple of three might be reasonable for a herniated disc that kept you sidelined for months.
Use our California Settlement Calculator to estimate the value of a minor to moderate injury claim.
Consult a personal injury attorney about the value of a severe injury claim. Severe injuries are high-dollar claims that can include future medical costs, loss of earning capacity, and compensation for the extreme pain and anguish suffered by the victim.
Average Car Accident Settlement Amounts in California
The average injury settlement for a moderate car accident claim in California is $50,154, with average payouts ranging from $7,439 to $1,373,155. Settlements and court awards can range from $1,070 for very minor injuries to more than $5,000,000 for life-threatening injuries.
Accidents involving severe injuries and commercial liability insurance will have the largest payouts, due to the higher liability insurance limits on commercial policies.
Injury settlements can vary widely, depending on the facts of the accident, the severity and cost of the victim’s injuries, and the available insurance limits.
For example, look at these two rear-end accident cases with low and high payouts:
- In LA County, Begando v. Peterson, YC 041 783, a jury awarded $2,500 to the victim for whiplash neck injuries from a low-impact collision.
- In Alameda County, Ringseth v. Lea , RG18895260, a jury awarded $5,750,000 to a man who suffered multiple injuries, including a collapsed lung, that left him with permanent neck and back impairments.
Read more:
Factors that impact car accident compensation include:
- Scope and severity of injuries
- Shared fault for the crash
- Multiple-vehicle collisions
- Multiple injured victims
- Fatalities
- Available insurance coverage
Injury payoffs can be limited by the available insurance. Applicable coverage may come from the at-fault driver’s insurance, and from your own policy, depending on optional coverages you may have purchased.
California State Minimum Insurance Requirements
California drivers are required to carry an auto policy with minimum bodily injury liability limits of $15,000 per person and $30,000 per accident, and $5,000 for property damage.
California requires insurance companies to offer uninsured (UMC) and underinsured (UIM) motorist coverage equal to the policy liability limits, but policyholders can reject the coverage.
When you have UMC and UIM coverages, you can turn to your own insurance company for compensation after an accident caused by a driver with little or no insurance.
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