Car insurance claims in California
Fault rules, deadlines, insurer response times, minimum coverage and the regulator for car insurance claims in California, with every rule cited to its source.
Verified as of September 10, 2026
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Not yet verified |
| Deadline to sue for vehicle damage | 3 years from the accident [2] |
| Deadline to sue for injury | 2 years from the accident [1] |
| Insurer response deadlines — Acknowledge the claim | 15 days from the claim [4] Calendar days from notice of claim. |
| Insurer response deadlines — Accept or deny | 40 days from the claim [5] Calendar days from proof of claim; the insurer may extend with written notice every 30 days. |
| Insurer response deadlines — Pay | 30 days from the claim [5] Calendar days after the claim is accepted. |
| Minimum liability coverage | Bodily injury, per person $30,000 · Bodily injury, per accident $60,000 · Property damage $15,000 [3] For policies issued or renewed on or after 1 January 2025 (15/30/5 before). A further increase is scheduled for policies issued or renewed on or after 1 January 2035. |
| Diminished value recoverable | Not yet verified |
| Uninsured / underinsured motorist cover | Optional |
| Regulator | California Department of Insurance |
- California Code of Civil Procedure § 335.1, § 335.1 — verified as of 2026-09-11
- California Code of Civil Procedure § 338, § 338(c)(1) — verified as of 2026-09-11
- California Vehicle Code § 16056, § 16056(a)–(b) — verified as of 2026-09-11
- Cal. Code Regs. tit. 10, § 2695.5 — Duties upon receipt of communications, § 2695.5(e) — verified as of 2026-09-11
- Cal. Code Regs. tit. 10, § 2695.7 — Standards for prompt, fair and equitable settlements, § 2695.7(b), (h) — verified as of 2026-09-11
- California Civil Code § 1714, § 1714(a) — verified as of 2026-09-11
- California Insurance Code § 11580.2, § 11580.2(a)(1), (m) — verified as of 2026-09-11
California is an at-fault state: the driver whose lack of ordinary care caused the crash pays for it, personally or through their liability insurer (Civil Code § 1714). How fault is shared between two drivers who both contributed, and how much a partly responsible driver can still recover, is governed by case law rather than the code; that rule is being verified against the court’s own text before it appears here.
Two clocks matter. A lawsuit for injury or death must be filed within two years of the accident (Code of Civil Procedure § 335.1); a lawsuit for damage to the vehicle or other property within three years (§ 338(c)(1)). These are court deadlines, not claim deadlines — a policy will require notice far sooner, and an insurer that has not paid by the time the deadline passes is under no further pressure to do so.
Insurers are on a clock too. Under the Fair Claims Settlement Practices Regulations they must acknowledge a claim within 15 calendar days, accept or deny it within 40 calendar days of receiving proof of claim (or explain in writing, every 30 days, why they cannot), and pay within 30 calendar days of accepting it. Missed deadlines are the basis of a complaint to the Department of Insurance.
Every policy issued or renewed from 1 January 2025 must carry at least $30,000 per person and $60,000 per accident for bodily injury and $15,000 for property damage; the previous 15/30/5 minimums still appear on older policies. Uninsured and underinsured motorist cover must be offered at the same limits and can only be dropped by a written waiver, so check the declarations page before assuming you do not have it.
File a complaint: California Department of Insurance →
Frequently asked questions
How long do I have to sue for injuries after a car accident in California?
2 years from the accident (California Code of Civil Procedure § 335.1).
Is California an at-fault or no-fault jurisdiction?
At-fault (tort). Shared-fault rule: Not yet verified.
Who do I complain to about an insurer in California?
California Department of Insurance (https://www.insurance.ca.gov/01-consumers/101-help/).
This guide explains how car insurance claims generally work. It is not legal advice, does not create a lawyer–client relationship, and is not a statement of any insurer's or regulator's position. Rules change and differ by jurisdiction; check the cited instrument and, where money or injury is at stake, consult a licensed professional in your jurisdiction.