An in-depth examination of a driver’s duties after an automobile collision in California, as well as the state’s comparative negligence law and other issues.
Drivers in California have various requirements when it comes to reporting any kind of traffic collision. There are a few state statutes that might have a large influence on your case if you wish to investigate your possibilities for holding the at-fault motorist financially liable for your damages. In this post, we’ll go over several essential California vehicle accident legislation, such as:
the requirement to report a car accident to law enforcement and/or the DMV in certain circumstances, the deadline for filing a car accident lawsuit in California’s civil court system, and the state’s claimant-friendly “pure comparative fault rule,” which allows financial recovery even if the claimant was partially (or even entirely) to blame for the car accident.
Reporting a California Car Accident Do I Have to Report a Car Crash in California?
According to California Vehicle Code section 20008, the driver of any vehicle involved in a car accident (or a representative of that driver) must make a written report of the crash to the California Highway Patrol or the police department of the city where the accident occurred within 24 hours if the crash resulted in injuries or death to any person (driver, passenger, motorcyclist, bicyclist, electric scooter rider, pedestrian, etc). If the receiving agency is not in charge of investigating the accident, the case will be sent to the appropriate investigating authority.
It is vital to understand that if a law enforcement officer arrives at the site of your accident, he or she will write a written report for the agency. In such case, you do not need to create your own separate written report.
Do I Have to Report a Car Accident to the DMV in California?
In many cases, the answer is yes. Any California motorist engaged in an accident must report the accident to the California DMV within 10 days if:
Anyone who was involved in the collision was hurt (however slightly)
Anyone was killed in the accident, and/or the collision caused more than $1,000 in property damage (damage to a vehicle or real property).
Get additional information about Traffic Accident Report SR1 and a copy of the form (from the California DMV website).
California Vehicle Code sections 20000 through 20018 provide greater information on the regulations for reporting an automobile collision in California.
Should I notify my car insurance company about the accident?
States usually do not have regulations governing whether or not policyholders involved in a vehicle accident must notify their auto insurance, and California is no different.
However, every vehicle insurance policy requires the policyholder to report a car accident to the insurer as soon as possible after it occurs. The insurance may begin examining the claim as soon as it learns of the accident. If the insured fails to report an accident within a reasonable time, the insurer may refuse coverage for the accident. Depending on the circumstances of your injury, an insurance company may define a “reasonable amount of time” as as short as a day or two.
Bottom line: Even if your vehicle collision was small and did not qualify as a “reportable accident” in California, you should still report it to your auto insurance to ensure that the company would offer coverage for the accident if it occurs. Find out how to call your vehicle insurance carrier after a car accident.
Limitation Period in California for Car Accidents
A “statute of limitations” is a state legislation that limits a prospective plaintiff’s ability to file a case. These deadlines differ based on the kind of injury you sustained and/or the type of lawsuit you want to submit. Get the basics on the California vehicle accident statute of limitations.
The Comparative Negligence Rule in Car Accident Cases in California
If you are partially to blame for an automobile accident, state regulations vary greatly in terms of how your claim is impacted. In California, you may seek reimbursement from any other at-fault person, regardless of how much blame you bear. However, the amount of compensation you get will be lowered by your degree of blame. In legal parlance, this means that California is a “pure comparative negligence” state.
So, how does the “pure comparative negligence” criterion work in practice? Not only do California judges and juries follow it in court (should your case go that far), but an auto insurance claims adjuster will refer to California’s comparative fault regulations when determining how much your claim is worth.
Assume you were in an automobile accident in which another motorist performed an improper lane change and side-swiped you. However, according to witnesses and a police report filed after the collision, you were driving too fast at the time. Your vehicle accident case is successful, and you are found to be 15% at blame for the accident, while the other driver is 85% at fault. Your total loss is $10,000, which includes car damage, medical expenditures, and missed income. You are entitled to $8,500 from the at-fault motorist under California’s comparative fault standards (your $10,000 in damages minus 15% as your share of blame).
California Automobile Insurance Regulations
Car insurance is very expected to play a role in any claim filed after a car accident. California, like other states, requires motor vehicle owners to maintain a specified level of insurance coverage—or else show financial responsibility in the event of an accident—in order to lawfully drive the vehicle on the state’s roads and highways. As a result, knowing California auto insurance requirements is critical in any possible automobile accident case. Read up on California’s vehicle insurance regulations and requirements for more information.