By Serdar Arslan, editor · Last reviewed · How we research
California's minimum liability limits jumped on January 1, 2025, from 15/30/5 to 30/60/15 for new and renewed policies, and another increase to 50/100/25 is already scheduled for 2035. Policies written before the change may still carry the old figures until renewal, so the at-fault driver's coverage could be thinner than you expect. Fault follows pure comparative negligence, adopted by the California Supreme Court in Li v. Yellow Cab Co. in 1975.
Two reporting duties apply after a serious crash. If anyone is hurt or killed, the driver must file a written report with the CHP or city police within 24 hours. Separately, an SR 1 report goes to the DMV within 10 days whenever there is injury, death or more than $1,000 in damage to any one person's property, regardless of fault. Injury and wrongful death suits generally have 2 years, vehicle damage claims 3 years. A claim against a public entity is the tight one: it generally must be presented within 6 months. California recorded 3,876 traffic deaths in 2024.
Key rules at a glance
| Personal injury filing deadline | Generally 2 years from the date of injury Source: Cal. Code Civ. Proc. § 335.1 |
|---|---|
| Property damage deadline | Generally 3 years for damage to your vehicle or other personal property Source: Cal. Code Civ. Proc. § 338(c)(1) |
| Wrongful death deadline | Generally 2 years from the date of death Source: Cal. Code Civ. Proc. § 335.1 |
| Claims against a government entity | Before suing a city, county, the State of California or another public entity for injury, death or damage to personal property, you generally must present a written claim to that entity within 6 months after the crash. Other kinds of claims have 1 year. Source: Cal. Gov. Code § 911.2(a) |
| Fault rule | Pure comparative fault: Your damages are reduced by your percentage of fault, and you can still recover something even if you were mostly at fault. |
| Insurance system | At-fault (tort) |
| Minimum liability insurance | $30,000 per person / $60,000 per accident bodily injury; $15,000 property damage Source: Cal. Veh. Code § 16056 |
| Uninsured motorist coverage | Not required (usually offered; you may reject it in writing) |
| Damage caps | There is no general cap on damages in car accident cases. Medical malpractice has separate caps. Claims against public entities must first go through the government claim process. |
| Reporting a crash | If anyone is injured or killed, the driver must file a written report with the California Highway Patrol (or the city police, if the crash was in a city) within 24 hours. Separately, you must report the crash to the DMV within 10 days (form SR 1) if anyone was injured or killed or property damage to any one person exceeds $1,000, no matter who was at fault. |
Getting your crash report in California
Request a copy from the agency that investigated the crash. For CHP crashes, contact the local CHP area office; for city crashes, contact that police department. Parties involved, their insurers and attorneys can generally get a copy.
Checking a California lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- License search: State Bar of California – Attorney Search
- Lawyer referral: State Bar of California – Certified Lawyer Referral Services directory
3,876 people died in motor vehicle crashes in California in 2024, according to IIHS analysis of NHTSA FARS data.
Frequently asked questions
›What are California's new minimum insurance limits?
For policies issued or renewed on or after January 1, 2025, the minimum is $30,000 per person and $60,000 per accident for bodily injury, plus $15,000 for property damage (Cal. Veh. Code § 16056). The old limits were 15/30/5. Another increase to 50/100/25 is scheduled for policies issued or renewed on or after January 1, 2035.
›What is the SR 1 form and who has to file it?
The SR 1 is a crash report sent to the DMV within 10 days if anyone was injured or killed or property damage to any one person exceeds $1,000 (Cal. Veh. Code § 16000). It is required no matter who was at fault. It is separate from the 24-hour written report to the CHP or city police required when someone is hurt or killed (§ 20008(a)).
›If I was mostly at fault, can I still recover in California?
Yes. California uses pure comparative fault, so your damages are reduced by your percentage of fault but are not barred even if you were mostly to blame (Li v. Yellow Cab Co., 13 Cal.3d 804 (1975)). A driver 60% at fault, for example, can still recover 40% of their damages.
›Is the deadline the same for my injuries and my car?
No. Personal injury claims generally must be filed within 2 years of the injury (Cal. Code Civ. Proc. § 335.1), but damage to your vehicle or other personal property generally has 3 years (§ 338(c)(1)). Wrongful death claims generally have 2 years from the date of death.
›Can I sue a city or the state after a crash in California?
Possibly, but you generally must first present a written claim to the public entity within 6 months after the crash for injury, death or damage to personal property (Cal. Gov. Code § 911.2(a)). Other kinds of claims have 1 year. The claim must be presented before you can file suit.
Sources
- Cal. Code Civ. Proc. § 335.1 (via Justia)
- Cal. Code Civ. Proc. § 338 (via Justia)
- Cal. Gov. Code § 911.2 (via Justia)
- Cal. Veh. Code § 16056 (via Justia)
- Cal. Veh. Code § 16000 (via Justia)
- Cal. Veh. Code § 20008 (via Justia)
- Li v. Yellow Cab Co., 13 Cal.3d 804 (1975), full opinion (Stanford SCOCAL)
- State Bar of California – Attorney Search
- IIHS – Fatality Facts 2024: State by state
- State Bar of California – Certified Lawyer Referral Services directory