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Car Accidents · Bakersfield, California

Is California a No-Fault State for Car Accidents?

No.

By Donald Norman Colvin · Published October 18, 2026

Is California a no-fault state for car accidents? This page explains how fault is decided, what insurance pays, and which deadlines matter. It is written for people in Bakersfield and Kern County who are sorting out a crash, or helping a family member who was hurt in one.

Short Answer: California Is an At-Fault State, Not a No-Fault State

California is an at-fault state, so the driver whose carelessness caused a crash is responsible for the injuries and losses that follow. Under Cal. Civ. Code § 1714, everyone is responsible for an injury caused by their want of ordinary care in managing their person or property. That general duty is the starting point for most car accident claims.

Injured people usually pursue the at-fault driver’s insurance. They may also look to their own policy, if it includes added coverage. Knowing this difference helps you understand who may pay and why fault matters so much here.

If a crash has left you unsure who pays, our team can talk through your facts with you, and you don't have to sort it out alone. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.

How Fault Is Decided in a California Car Accident

Fault is decided by asking whether a driver failed to use reasonable care behind the wheel. Common examples include speeding, running a red light, distracted driving, and following too closely. Speed is judged against conditions. Under Cal. Veh. Code § 22350, no one may drive faster than is reasonable or prudent for weather, visibility, traffic, and the road.

Evidence that often shows fault includes police reports, traffic citations, witness statements, photographs, vehicle damage, camera video, and medical records tied to the crash. Each piece can point to a different driver, so the full picture matters.

Minimum Insurance Requirements and What Coverage Pays

For a policy issued or renewed on or after January 1, 2025, the minimum liability limits are $30,000 per injured person and $60,000 per accident for bodily injury. Property damage has a $15,000 minimum. These limits come from Cal. Veh. Code § 16056.

Liability limits cap what the at-fault driver’s policy generally pays for injuries. A serious injury can cost more than those limits. That gap matters when planning a claim.

Uninsured drivers add another layer. Under Cal. Ins. Code § 11580.2, an uninsured motor vehicle includes one with no bodily injury liability insurance or bond applicable at the time of the accident. If your own policy includes uninsured motorist (UM) coverage, it may help in that situation. Your policy terms decide what it pays.

Multi-Vehicle and Rear-End Collisions: How Fault Is Sorted

In a three-car rear-end crash, fault often starts with whether the following driver kept a safe distance. Under Cal. Veh. Code § 21703, a driver shall not follow another vehicle more closely than is reasonable and prudent. That rule looks at speed, traffic, and road conditions.

Other facts can change the picture. A sudden unsafe stop, a lane change, a mechanical failure, or a push from another vehicle can each shift responsibility. Investigators look at the order of impacts and the evidence from each car. Each driver’s insurer may review the crash separately and dispute its own driver’s share. That is one reason multi-vehicle claims can take longer.

When more than one defendant is responsible, each one’s share of non-economic damages is set separately. Under Cal. Civ. Code § 1431.2, non-economic damages such as pain and emotional distress are several only. Each defendant pays only the part matching its own percentage of fault. How responsibility splits in a given crash depends on the facts.

A car raised on a hydraulic lift in a well-lit auto repair garage.

Reporting Requirements and Deadlines After a Crash

A driver in a crash with injury, death, or property damage over $1,000 must report it within 10 days. Under Cal. Veh. Code § 16000, the report goes to the Department of Motor Vehicles on a form it approves. The driver may file it personally or through an insurance agent, broker, or legal representative.

Lawsuits have their own clocks. Under Cal. Code Civ. Proc. § 335.1, an action for injury to an individual caused by another’s wrongful act or neglect must be brought within two years. The California Courts Self-Help Guide says injury lawsuit deadlines generally run two years from the injury, subject to exceptions and tolling.

Vehicle damage is a different kind of claim. Cal. Code Civ. Proc. § 338 addresses actions for taking, detaining, or injuring goods or chattels, including an action for the specific recovery of personal property. If a government body may be responsible, Cal. Gov. Code § 911.2 says a claim for injury to a person or personal property must be presented not later than six months after the cause of action accrues. Missing a step can affect a claim, so these dates deserve early attention.

Why an Early Offer From the Insurance Adjuster Deserves Caution

An early offer from an insurance adjuster deserves careful review, because the adjuster works for the insurance company. Insurers manage what they pay on each claim. An early offer may arrive before the full extent of injuries, follow-up treatment, or lost work is known. Treatment may still be ongoing when the offer comes in.

Before you accept an offer or sign a release, make sure you understand your injuries. Ask whether the offer covers them. Recorded statements can feel routine, but it helps to know what is being asked before you answer.

Medical bills can also involve other payers. That repayment is one more reason an early offer needs a close look.

Not sure what your next step is?

Talk it through with our team — the first consultation is free, confidential, and carries no obligation.

Common Questions About Fault and Insurance in California

Can I file a claim if I was partly at fault?

Yes. Under pure comparative negligence, your damages are reduced by your percentage of fault rather than barred.

Can I file a claim with my own insurance?

Your own policy may pay under uninsured motorist coverage if it includes that coverage. Your policy terms control what it pays.

How long do I have to sue after a crash?

Injury lawsuits generally must be filed within two years under California law (Code Civ. Proc. § 335.1). In California, a personal-injury lawsuit generally must be filed within two years (Code Civ. Proc. § 335.1).

Talk Through Your Crash With Colvin Accident Lawyers

If a crash has left you unsure who pays, Colvin Accident Lawyers can talk through your facts with you. You may be reading this after a crash you did not choose, or while helping a family member recover from one. Questions about fault, insurance, and deadlines can feel urgent at that point. You don’t have to sort them out alone.

Colvin Accident Lawyers is based in Bakersfield and handles car, truck, motorcycle, and other accident claims. Reach out for a free, confidential initial consultation with no obligation to continue: contact Colvin Accident Lawyers.

The information on this website is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Past results do not guarantee future outcomes. Please consult a licensed attorney regarding your specific legal situation.

Common Questions After a Crash

What does 'fault-based' mean?

In a fault-based system, the driver who caused the collision is generally responsible for the resulting damages. Fault is a central question in most car accident claims.

What if I was partly at fault?

Each situation depends on its own facts.

Can my own insurance help?

Your own policy may include coverage that applies in certain situations, such as uninsured motorist coverage. What a policy pays depends on its specific terms.

Why talk to a lawyer early?

Evidence, police reports and insurer communications can all affect a claim. A conversation with our team can help you understand the questions that apply to your case.

Be Careful With Insurance Calls

Adjusters may ask for recorded statements or quick agreements soon after a crash. Speaking with a lawyer before you give statements or sign anything can help you protect your position.

How We Can Help

Clear Explanations

We explain how California's fault-based rules and insurance coverage may apply to the facts of your accident.

Protecting Your Rights

We focus on your rights and on protecting your claim from avoidable mistakes.

Support for Families

We help injured people and the families of those who have died in crashes understand their options.

Direct Communication

Our team keeps you informed and answers your questions in plain language.

Your First Consultation Is Free, Confidential and Without Obligation

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