Auto Insurance Claims in California: Guide

California Car Insurance Claims: Deadlines, Limits & Your Rights

California is an at-fault (tort) state that follows pure comparative negligence, with minimum liability limits of 15/30/5 ($15,000 per person / $30,000 per accident / $5,000 property damage). California follows pure comparative negligence. You may recover damages reduced by your fault percentage even if you are 99% at fault. California is a two-party consent state for recording. Minimum coverage is 15/30/5, among the lowest in the nation. UM coverage is required unless rejected in writing.

How fault works in California

California is an at-fault (tort) insurance state, which means the driver who caused the crash is liable for the damages. You can pursue the at-fault driver's insurer directly (a third-party claim), file with your own insurer and let them recover from the other side through subrogation, or sue the at-fault driver.

Your compensation is reduced by your share of fault, but you can recover even if you were mostly to blame — a driver found 90% at fault can still collect 10% of their damages. That makes California one of the more forgiving states for partially-at-fault drivers.

Filing deadlines (statute of limitations)

Miss the deadline and you permanently lose the right to sue — adjusters know this and may run out the clock, so calendar these dates the week of your crash:

Statutory basis: Two-year statute from date of injury. CCP 335.1. Three-year statute for property damage. CCP 338.

Minimum coverage required in California

Every California driver must carry at least:

• $15,000 bodily injury liability per person
• $30,000 bodily injury liability per accident
• $5,000 property damage liability
• Uninsured/underinsured motorist coverage is required in California
• Personal Injury Protection (PIP) is not required in California.

These are legal minimums, not recommendations; they often fall short of the cost of a serious crash.

Know your rights when dealing with adjusters in California

California is a two-party (all-party) consent state: you must have the adjuster's permission before recording a call. Insurers may record you after a verbal notice, so listen for it and ask for written confirmation of anything important.

California gives you both a common-law bad-faith claim and a statutory unfair-claims-practices remedy, which is strong leverage when an insurer drags out or underpays a legitimate claim.

How to file your California claim, step by step

1. Make the scene safe and call 911. Get to safety, check for injuries, and report the crash. A police report is one of the strongest pieces of evidence you can have.
2. Document everything. Photograph all vehicles, the road, signage, and visible injuries; collect the other driver's insurance and license details and any witness contacts.
3. Get medical care promptly. See a doctor even if you feel fine — gaps in treatment are the first thing insurers use to argue your injuries aren't serious.
4. Notify your insurer. Report the crash quickly to satisfy your policy's notice rules, but stick to the facts and avoid speculating about fault.
5. File and track the claim. Submit your claim, keep a written log of every call, and don't accept the first offer without checking it against your actual damages.

Where to get help in California

If an insurer won't deal fairly, your regulator is California Department of Insurance. You can file a complaint at https://www.insurance.ca.gov/01-consumers/101-help/index.cfm. General information: https://www.insurance.ca.gov.

Key takeaways for California

• California is an at-fault (tort) state using pure comparative negligence.
• You generally have 2 years to sue for injuries and 3 years for property damage.
• Minimum liability limits are 15/30/5.
• UM/UIM coverage is mandatory. PIP is not required.
• Your regulator for complaints is California Department of Insurance.

Educational information, not legal advice. Laws change — confirm current rules with California Department of Insurance or an attorney licensed in California. Last reviewed June 2026 · InsurifyAI Knowledge Hub.