California Car Accident Law
Fault – How is it determined in a California Car Accident: Pure Comparative Fault - if an injured person is partially at fault for causing his own injuries, his damages are reduced by the percentage of his fault. For example, say Brad was injured in a California car accident for which he was 40% at fault. Damages for his injury amount to $10,000. Brad would be entitled to $6000.
California Car Insurance Requirements and Limits
Bodily Injury Liability Minimum coverage:
Personal Injury (multiple passengers) - $30,000 coverage for injury of all persons in the car at the time of the accident.
Personal Injury (single passenger) limited to $15,000 for any one individual
Up to $5,000.
California Small Claims Limit: If car accident damages are less than $7,500, your car accident lawsuit is assigned to small claims court.
California Personal Injury Statute of Limitations: 2 years from the date of the injury, or if the injury could not have been discovered right away, from the date you discovered the injury.
California Statutes Online: California codes online. California Auto Accident and Personal Injury Laws: California Code of Civil Procedure § 335.1 (Statute of Limitations for Personal Injury); California Vehicle Code § 16054.2 (Insurance Requirements); California Code of Civil Procedure § 116.221 (Small Claims Limits); California Government Code beginning with Section 900 (Claims against public entities).
California Car Accidents Reports –
Police Reports – To receive a police report from the California Highway Patrol, you need to fill out and submit Form 190. To receive a report from local police, call or visit the police station for information on how to receive an accident report.
DMV - For car accidents in California over $750 or involves an injury or death, you, your insurance broker, or legal representative must submit Report of Traffic Accident Occurring in California (SR 1) to the DMV with in 10 days of the car accident.
Insurance Notification - Most auto insurance companies require prompt reporting of a car accident from their policyholders. If your insurance company is not notified within a VERY short timeframe, your insurance company may deny you of coverage for your car accident. Check your insurance policy for notice requirements.