When an At-Fault Driver's Insurance May Not Cover Your Family's Loss

If someone you love died in a crash caused by another driver, the at-fault driver’s liability insurance is usually the first place a claim starts. California sets minimum limits for that insurance; those figures are insurance floors required by statute, not estimates of what any claim is worth. This page explains how the at-fault driver insurance limit works in a fatal crash in California, what happens when coverage is small or missing, how fault affects a claim, and which deadlines apply.

What an At-Fault Driver’s Policy Can Pay in a Fatal Crash

The at-fault driver’s liability policy is the first source of payment a family can look to, up to the policy limit.

Two kinds of claims may apply after a death:

• Wrongful death. Under California Code of Civil Procedure section 377.60, the decedent’s surviving spouse, domestic partner, children, and issue of deceased children are among the people who may bring this claim, or the decedent’s personal representative may bring it on their behalf. Stepchildren, parents, and certain others who were dependent on the decedent may also qualify.
• Survival action. This claim carries the losses the decedent suffered before death. Under Code of Civil Procedure § 377.34, those damages do not include pain, suffering, or disfigurement, except in actions granted a preference before January 1, 2022, or filed on or after January 1, 2022, and before January 1, 2026.

This page is for families whose driver carried little coverage, a driver who had no insurance, or relatives who want to understand their own coverage.

California’s Required Minimum Liability Limits

Policies issued or renewed on or after January 1, 2025 must meet at least $30,000 for one person, $60,000 for two or more people in one accident, and $15,000 for property damage (California DMV handbook). This applies to policies issued or renewed on or after January 1, 2025, under Vehicle Code § 16056.

Each number works a little differently:

• Per person: $30,000 is the required minimum for one person’s injury or death in one accident.
• Per accident: for policies issued or renewed on or after January 1, 2025, $60,000 is the required minimum for bodily injury or death of two or more persons in any one accident.
• Property: for policies issued or renewed on or after January 1, 2025, a limit of not less than fifteen thousand dollars ($15,000) applies because of injury to or destruction of property of others in any one accident, under Cal. Veh. Code § 16056.

Under Cal. Veh. Code § 16056, a policy or bond issued or renewed on or after January 1, 2025, must provide liability coverage, exclusive of interest and costs, of not less than $30,000 for bodily injury to or death of one person in any one accident, not less than $60,000 for bodily injury to or death of two or more persons in any one accident, and not less than $15,000 for injury to or destruction of property of others in any one accident. Cal. Veh. Code § 16056 reads: “(b) A policy or bond shall not be effective under Section 16054 with respect to any vehicle that was not registered in this state or was a vehicle that was registered elsewhere than in this state at the effective date of the policy or bond or the most recent renewal thereof, unless the insurance company or surety company issuing the policy or bond is admitted to do business in this state, or if the company is not admitted to do business in this state, unless it executes a power of attorney authorizing the department to accept service on its behalf of notice or process in any action upon the policy or bond arising out of an accident mentioned in subdivision (a).” Minimum limits are a legal floor, not a measure of a family’s losses. A fatal crash can cause losses well above them, so families need to know the limit early.

When the At-Fault Driver’s Limit Falls Short

If the at-fault driver’s limit is smaller than a family’s losses, the gap becomes the central question. California Civil Code § 1431.2 addresses several liability for non-economic damages in actions for personal injury, property damage, or wrongful death based on comparative fault: Civil Code § 1431.2

• Economic losses are “objectively verifiable monetary losses,” such as medical expenses, loss of earnings, and burial costs.
• Non-economic losses are “subjective, non-monetary losses,” such as pain, emotional distress, and loss of society and companionship.

Funeral bills fall in the economic group. The loss of a loved one’s companionship falls in the non-economic group.

Before a limit is known, families can ask the insurer for the at-fault driver’s limits in writing. They can also request the declarations page, which lists the coverage on a policy. Checking whether another policy may apply to the driver or the vehicle’s owner is also a useful early step.

Uninsured and Underinsured Motorist Coverage After a Fatal Crash

When the at-fault driver has no insurance or too little, the family’s own uninsured motorist (UM) coverage may respond. Under Insurance Code § 11580.2, a bodily injury policy must include UM coverage for the insured and the insured’s heirs or legal representatives, although the insurer and any named insured may, by agreement in writing, delete the coverage completely or delete it when a motor vehicle is operated by a natural person or persons designated by name. That coverage applies, within the limits established by law, to sums they are legally entitled to recover for bodily injury, including death, from the owner or operator of an uninsured motor vehicle not owned or operated by the insured or a resident of the same household.

The same statute covers underinsured motorists (UIM). An uninsured motor vehicle includes an underinsured one. The insurer and the named insured may agree in writing to lower UM coverage, but not below the state’s financial responsibility limits.

Two points matter here:

• The terms need careful review.
• Collecting from that person depends on what they own.

How Fault Shares Affect Recovery in California

A 50/50 split means each driver carries half the fault (California fault rule in Li v. Yellow Cab Co.).

Where more than one defendant is liable for non-economic damages, each pays only the share allocated to it in direct proportion to its percentage of fault. Civil Code § 1431.2 sets that several-only rule.

Fault can be disputed from the start. The police report, witness statements, and physical evidence from the scene all help show how the crash happened.

What to Expect: Steps and Timeline

A fatal crash claim generally moves through four steps, from records to a demand and, if needed, a lawsuit.

1. Notify the insurer and gather records. Collect the police report, medical or coroner records, and funeral bills. For reporting an injury accident and documenting injuries and related expenses, see So You’ve Had an Accident.
2. Request the policy limits in writing. Ask the at-fault driver’s insurer for its limits, and check the family’s own policies for UM or UIM coverage.
3. Build the damages record. Document the decedent’s wages and financial support, plus the family’s losses.
4. Present a demand and negotiate. If the insurer does not offer fair value within the limits, a lawsuit may be filed.

In California, a claim for death caused by another’s wrongful act generally must be brought within two years, under Code of Civil Procedure § 335.1. If a public entity such as a city or county may be responsible, a claim relating to a cause of action for death, injury to person, or injury to personal property or growing crops must be presented as provided in Article 2 (commencing with Section 915) not later than six months after the accrual of the cause of action; a claim relating to any other cause of action must be presented not later than one year after its accrual, under Government Code § 911.2.

Who We Represent and Where We Work

Colvin Accident Lawyers is based in Bakersfield, California. The firm handles accident and injury cases, including car, truck, motorcycle, bicycle, pedestrian, bus, and wrongful death matters.

Donald Norman Colvin is the responsible lawyer for this page. Our team includes assistants and office staff.

The firm is based in Bakersfield and represents accident victims and families in Kern County, Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi.

Frequently Asked Questions

Fault Splits and Recovery

Talk With Colvin Accident Lawyers About Your Family’s Loss

If someone you love died in a crash and you don’t know the at-fault driver’s limit yet, we’re here to talk through your options with you. Our free first consultation is confidential, with no obligation to continue. Contact Colvin Accident Lawyers to start that conversation.

Colvin Accident Lawyers, Bakersfield, California — responsible for this site.