What Happens if I'm At Fault in a Car Accident in California?
Each year, thousands of drivers across California find themselves wondering what happens next after a collision they believe was their fault. But here’s the truth: fault isn’t always as clear-cut as it seems in the moment.
Under California law, fault is a legal determination based on evidence—not personal opinions or admissions at the scene. So even if you think you’re to blame, you may have options to protect yourself, minimize the impact, and even recover damages in certain circumstances.
California's shared responsibility framework could mean a more complex situation than you think.
Call Legal Fighters today at (800) 210-0000 to discuss your case with a car accident lawyer in Glendale, California. Your rights are worth defending.
California’s Fault-Based System
Unlike no-fault states, where each driver’s insurance handles their own damages regardless of who actually caused the accident, California’s rules state that those responsible for the accident (or their insurance company) must pay for the damages.
The Role of Liability Insurance
To legally drive in California, you must carry minimum liability insurance under the law outlined in California Insurance Code §11580.1(b). These minimums include:
- $15,000 for injury or death to one person.
- $30,000 for injury or death to more than one person.
- $5,000 for property damage.
These amounts are the legal baseline, but in many cases, the damages from an accident exceed these limits, leaving the at-fault driver personally liable for the balance (more on what happens in these cases below). This is one reason to purchase higher coverage limits or additional insurance types, such as umbrella policies.
What Does Fault Mean?
Fault is not simply admitting you caused the accident—it’s a legal determination based on negligence. Under California Civil Code §1714, every person is responsible for injuries they cause by failing to act with reasonable care. For drivers, this means obeying traffic laws, avoiding distractions, and operating a vehicle safely.
When drivers breach those duties and hurt someone, the law considers the negligent driver at fault.
- Examples of Fault:
- Running a red light and colliding with another vehicle.
- Rear-ending someone due to following too closely.
- Texting while driving and failing to stop in time.
But fault isn’t always straightforward. Mechanical failures or the actions of other drivers complicate the question of who bears responsibility.
How Fault is Determined
To establish fault, investigators typically look at the behavior of each party in the accident and compare them to what a reasonable person should have done in the same situation.
They’ll look at:
- Traffic Violations: Running a stop sign, speeding, or failing to yield are clear indicators of negligence.
- Eyewitness Testimony: Statements from those who saw the crash provide valuable insight into what happened.
- Police Reports: Officers at the scene often document their observations, including any citations issued.
- Physical Evidence: Skid marks, vehicle damage, and surveillance footage all help reconstruct the incident.
For example, if a driver rear-ends another car, they are generally at fault because California law requires drivers to maintain a safe following distance. However, this presumption may shift if the lead vehicle stopped suddenly for no apparent reason.
The Role of Insurance Adjusters
After an accident, insurance companies play a significant role in determining fault. Adjusters review the available evidence to decide who bears responsibility. Their findings heavily influence whether a claim is paid and to what extent. However, insurance determinations are not legally binding, and disputes about fault may escalate to civil court if the parties involved disagree.
What Happens When More Than One Party is At Fault?
California’s legal system acknowledges that multiple parties often contribute to a collision, and its pure comparative negligence rule divides liability accordingly.
This approach impacts how damages are awarded and ensures that no party is automatically barred from seeking compensation—even if they share some blame.
How Pure Comparative Negligence Works
Fault is assigned as a percentage to each party involved. Your financial recovery is then reduced by your degree of fault.
For instance, if another driver is primarily responsible, they would owe you the portion of your damages corresponding to their percentage of fault.
This system ensures proportional accountability and prevents minor mistakes from eliminating your ability to recover damages. However, it also means you could owe a portion of the other party’s damages if the court finds you partially responsible.
Examples of Comparative Negligence
- Rear-End Collision: If a car stops suddenly without reason, and the following driver fails to brake in time, the court might assign fault to both drivers.
- Intersection Accident: A driver running a red light and another making a risky left turn could both contribute to a collision.
- Pedestrian Involvement: A pedestrian jaywalking might share fault with a distracted driver who hits them.
What Costs Am I Responsible For If I’m At Fault?
As the at-fault driver, you or your insurance company may need to pay for:
- Medical Bills: Covers emergency care, surgeries, rehabilitation, and ongoing treatment for injuries.
- Property Damage: Includes repairs or replacement of the other party’s vehicle and any other damaged property, such as fences or buildings.
- Lost Wages: Compensates the other party for income they missed while recovering from the accident.
- Non-Economic Damages: These include pain and suffering, emotional distress, or loss of quality of life, which can result in a substantial proportion of injury claims.
The total damages often exceed the minimum liability insurance requirements. If your policy limits don’t fully cover the other party’s losses, you are held personally responsible for the remainder.
To ensure payment, the injured party may file a civil suit against you, which could result in a court judgment for the unpaid balance.
Impact on Your Driving Record After an At-Fault Accident
The California Department of Motor Vehicles (DMV) tracks your history of traffic violations and accidents. Being at fault results in penalties, including added points on your record, which could lead to license suspension and higher insurance premiums.
How Points Are Assigned After an At-Fault Accident
California operates on a points system for traffic violations, outlined in California Vehicle Code §12810.
The state adds points to your driving record based on the severity of the incident:
- 1 Point:
- Minor violations such as speeding or unsafe lane changes.
- Causing an accident that doesn’t involve serious injury.
- 2 Points:
- Serious offenses like reckless driving or causing an accident resulting in significant injuries or fatalities.
At-fault accidents typically result in at least one point being added to your record, but this increases if the accident involves criminal violations like DUI.
Consequences of Accumulating Points
Points on your driving record have serious implications for your ability to drive legally:
- License Suspension:
The DMV may suspend your license if you accumulate:- 4 points in 12 months.
- 6 points in 24 months.
- 8 points in 36 months.
- Increased Insurance Costs:
Insurance companies frequently review your driving record. Points signal higher risk, as insurers might reclassify you as a high-risk driver, leading to rate hikes that last several years.
Expunging or Reducing Points
Fortunately, points don’t stay on your record forever. In most cases, they are removed after a specific period—typically 39 months for minor violations and longer for serious offenses.
Additionally, you may take a traffic school course to have certain violations dismissed, though this option is often limited to minor infractions and first-time offenders.
How Fault Affects Your Record Differently From Violations
It’s important to note that fault in an accident impacts your record differently than a citation for violating traffic laws. For instance, if you’re found at fault due to negligence (e.g., rear-ending another car), points are still likely added, but the violation type will determine the severity.
Conversely, being cited for a violation like running a red light carries its own point penalties, which may compound the consequences of the accident.
Steps to Protect Your Driving Record
To minimize the impact of an at-fault accident on your driving record:
- Contest Fault if Possible: If there’s evidence suggesting shared responsibility, there’s a chance you can reduce your liability and the associated penalties.
- Stay Informed: Regularly check your driving record through the California DMV to track any changes or inaccuracies.
- Take Preventive Actions: Drive defensively and follow traffic laws to avoid accumulating additional points.
Potential Legal Actions After an At-Fault Accident in California
So what happens if you’re at fault in a car accident, but the damages end up being more than your policy limit? As we alluded to before, you’re now on the hook to pay the remaining amount—and likely staring down a civil lawsuit as well.
Here’s what you need to know:
Types of Legal Claims You May Face
- Personal Injury Lawsuits
If the other driver, their passengers, or even pedestrians suffered injuries in the accident, they may file a personal injury claim against you. These lawsuits typically seek compensation for:- Medical expenses (both current and future).
- Lost wages due to time missed from work.
- Non-economic damages, such as pain and suffering or emotional distress.
- Property Damage Claims
Even if injuries are minor or nonexistent, you might still face claims to cover the cost of repairing or replacing the other party’s vehicle or other property damaged in the crash. - Wrongful Death Actions
If an accident you caused results in a fatality, the deceased’s family may file a wrongful death lawsuit under California Code of Civil Procedure §377.60.
When Legal Actions Arise
Aside from when policy limits are reached, there are other reasons why someone might file a lawsuit:
- Disputes Over Fault: If fault is unclear or contested, the other party may take legal action to argue their case in court.
- Bad Faith Insurance Claims: If your insurer denies or delays a claim unfairly, the injured party might file a lawsuit directly against you.
What Happens If You Lose a Lawsuit?
If the court rules against you, you must pay a judgment. This could result in:
- Wage garnishment.
- Liens against your property.
- Seizure of assets, depending on the amount owed and your financial situation.
Steps to Take If You’re at Fault in a California Car Accident
Here’s what to do after the dust settles from the accident:
1. Report the Accident to the DMV
Under Vehicle Code §16000, you must file an SR-1 Report of Traffic Accident with the DMV within 10 days if:
- The accident caused injury or death.
- Property damage exceeds $1,000.
Failing to report the accident may lead to license suspension and other penalties.
2. Notify Your Insurance Company
Most insurance policies require prompt notification of an accident. Give your insurer the requested details, but stick to factual descriptions and avoid admitting fault. Your insurer will assess the damages and may assign an adjuster to investigate the claim.
3. Seek Legal Guidance
A qualified attorney will:
- Clarify Your Rights and Responsibilities
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- California’s fault-based system is anything but simple. Between comparative negligence rules and insurance requirements, it’s easy to feel lost or misled. This is where your attorney shines. They’ll explain exactly where you stand, your obligations, and how the law applies to your case.
- Stand Up to Insurance Companies
- Insurance companies are in the business of saving money—not paying out claims. Adjusters are trained to offer low settlements, delay payments, or even twist your words to minimize their client’s liability.
- Your attorney changes the game by taking control of the narrative. They’ll challenge weak settlement offers and back their demands with hard evidence, making it harder for the insurance company to underpay.
- What’s more, your lawyer handles all communication. That means no tricky questions, no pressure to admit fault, and no risk of saying something that could jeopardize your claim.
- Defend Against Lawsuits
- Your attorney will build a defense tailored to your situation.
- They’ll negotiate directly with the opposing party’s legal team, working to resolve the matter without the stress and expense of a trial.
Take Control of Your Case with Legal Fighters
An at-fault accident in California doesn’t have to define your future. Don’t leave your financial stability and legal rights in someone else’s hands.
Call personal injury attorney today at (800) 210-0000.