After a car crash, it’s hard not to panic. Questions might race through your mind: What should I say? Who’s responsible for the damage? Could I be sued? If you’re asking yourself, “What happens if I’m at fault in a car accident in California?” take a breath. You’re not alone. Many drivers feel the same confusion and concern in the moments and days after a collision.
Keep reading to find out what “at fault” means under California law, what consequences you might face, and how to protect yourself.
Understanding California Accident Fault Laws
California follows a pure comparative liability system for car accidents. Each driver’s actions determine fault, and multiple people can be held legally and financially responsible for a crash.
Under California accident fault laws, a driver who is mostly at fault can still recover some losses as long as another party shares some of the blame. For example, if one driver runs a red light and the other was speeding, both may be assigned a percentage of fault. If the red-light runner is found to be 80% at fault, they can still recover 20% of their damages while also being responsible for 80% of the other driver’s losses.
How Insurance Companies Handle Fault-Based Claims
If you’re completely or even partially at fault in a car accident, your insurance typically pays the other party up to the limits of your policy.
Under California law, every registered driver must carry minimum insurance that includes:
- $15,000 for injury or death to one person,
- $30,000 for injury or death to more than one person, and
- $5,000 for property damage.
For plans issued after January 1, 2025, the minimum coverage is:
- $30,000 for injury or death to one person,
- $60,000 for injury or death to more than one person, and
- $15,000 for property damage.
Most drivers purchase more than the minimum limits, but those amounts may get used up quickly in serious injury cases. If your coverage doesn’t cover all claimed losses, the opposing party may name you in a lawsuit to pursue additional payment.
After an at-fault car accident, insurance companies may raise your premiums. The exact increase depends on your specific provider, coverage terms, accident history, and how severe the damage or harm was.
What Admitting Fault in a Car Accident Might Affect
Many people automatically apologize or acknowledge partial responsibility after a collision, but admitting fault too early in a car accident can shape the investigation before all the facts are known.
Even if police or insurance companies later conclude that you shared blame with another driver or weren’t actually the main cause, your early, albeit unintentional, statements can still influence how they review your case.
Let investigators review evidence—vehicle positions, witness accounts, and any available video footage—before fault is determined.
You do not need to panic if you have already said something that sounds like an admission. However, we recommend documenting what occurred and how the conversation unfolded so you have that information if needed later.
Here’s What You Need to Do After a Car Accident
California law requires drivers to stop at the scene and provide specific information to the other party. Drivers must exchange:
- Full names and addresses,
- Driver’s license numbers,
- Vehicle registration details, and
- Insurance providers and policy numbers.
Drivers must file a report with the California DMV using Form SR-1 within 10 days if the crash resulted in injury, death, or property damage of $1,000 or more.
Failing to stop, exchange information, or file this report can lead to fines, a suspended license, or even criminal charges in some cases.
In addition to exchanging information, it’s wise to take clear photos of all vehicles, the surrounding scene, traffic signs, and any visible injuries. If anyone witnessed the accident, ask politely for their name and contact information. Independent witnesses can make a big difference if there are conflicting stories about who caused the crash.
Can You Be Sued for an At-Fault Car Accident in California?
Yes. If another driver believes you caused their injury or property damage, they can pursue compensation through a claim or personal injury lawsuit. This holds true even if the damage seemed minor or no one appeared injured at the time.
Common types of damages claimed include:
- Medical care,
- Physical therapy,
- Car repair or replacement,
- Lost wages,
- Ongoing treatment needs, and
- Pain and emotional distress.
Car accident lawsuits typically begin with a demand letter sent to your insurance company. If a settlement isn’t reached or insurance doesn’t cover the claim, the opposing party may file a civil suit against you.
Getting Legal Help After an Accident Where You’re Found at Fault
What starts as a basic insurance claim can escalate quickly, depending on injuries, costs, and how fault is assigned. Protection begins with knowing where your liability stands, especially if investigations suggest you may have caused the crash.
Understanding the answer to the question “What happens if I’m at fault in a car accident in California?” is key to making smart, proactive decisions. Car accident claims often come down to documentation and timing. Medical records, police accident reports, and writing down exactly what you recall can all help provide useful evidence if the details are questioned later.
Anyone identified as the primary cause of the crash may need to participate in legal procedures beyond submitting a claim, including settlement discussions, depositions, or even court appearances.
If your case is headed in that direction, or if you receive calls or letters from an attorney representing the other party, it’s time to speak with someone who understands how an at-fault car accident in California affects your rights, responsibilities, and legal risk.
Talk to Henderson Law
Attorney Michael Henderson has represented injury victims and drivers across California for over 20 years. If you’ve been involved in a crash where fault is questioned, call Henderson Law or contact us online to set up a free consultation. We work with drivers throughout California and are here when you’re ready.
Resources:
California Vehicle Code § 16056, link.