Is California a No-Fault or At-Fault Accident State
                     Is California a No-Fault or At-Fault Accident State?
If you live in California and own a vehicle, then you probably know that California is not a no-fault state.
For those of you driving through California because you are vacationing or working here for one reason
or another, then you should be informed that California is an at-fault state. What this means is simple: if
you are at fault for causing a  car accident,  truck accident,  motorcycle accident,  ride-share accident,
pedestrian accident, or any other accident involving a vehicle, then you must pay the damages that
result from that accident – both property and bodily damages. 
How this at-fault policy plays out, however, is a bit more complex. Here’s what it means in California to
be an at-fault state.
What does no-fault state mean in terms of auto accidents in California?
As an at-fault state, California still operates under the tort system, which means you can sue the at-fault
party for compensation if a settlement is not to your satisfaction. But to file a claim or to sue, you must
prove the other  party’s  fault,  which is  not  necessary in no-fault  states  where compensation comes
without proving  fault.  No-fault  states  often require  drivers  to  possess some kind of  personal  injury
protection (PIP) in addition to liability insurance. 
The important factor here, however,  is  not the PIP insurance in no-fault states, but that in no-fault
states, you almost never have the right to sue for additional compensation. This is true even if the PIP
insurance does not cover all your property and personal bodily damages. 
Fortunately,  in  California,  if  your  damages  exceed  what  is  available  through  the  at-fault  party’s
insurance, then you have the right to sue. In some situations, this may not prove beneficial because that
at-fault party – usually the driver – does not have assets to cover the total extent of your damages. But
in some cases, it can be beneficial, especially if the at-fault party is a business with assets. 
How do you protect yourself in California given it is an at-fault state?
The downside of an at-fault state is when the driver does not have enough insurance to cover your
damages and the driver also does not have the assets necessary to make a personal injury lawsuit viable
against him or her. But you can help protect yourself by first ensuring you have the minimum required
by California Insurance Code §11580.1b, which is:
 $15,000 for injury/death to one person, who could be a passenger of
your car or another car;
 $30,000 for injury/death to more than one person; and
 $5,000  for  property  damage,  which  could  be  damage  to  another
vehicle or a fence outlining someone’s yard.
There are alternatives to the minimum auto insurance requirements, like depositing
$35,000 cash with the DMV, but most Californians stick to the insurance minimum
requirement.
As it is, however, the minimum required by law, including the $35,000 cash deposit
alternative, may not cover you in cases where the at-fault driver is underinsured or
not insured at all. 
To  help  protect  yourself,  you  can  also  purchase  –  in  addition  to  the  minimum
requirements – uninsured motorist and underinsured motorist coverage (UM/UIM) in
California. This kind of coverage protects you when in an accident and the at-fault
driver has no insurance or his or her insurance is limited. According to California
Insurance Code §11580.2, insurance companies must offer you UM/UIM insurance in
California unless you opt out of it in writing.
Contact a Comprehensive Auto Accident Attorney in Newport Beach CA Today
Auto accidents happen, and when they do, you never know how serious they will be. Protecting you and
your loved ones is your first priority. Our first priority is making sure our clients get the compensation
they deserve through a process that is as painless as possible. We have the experience. We have the
insight. And we have the commitment. Contact The Ledger Law Firm today if you have been in an auto
accident in Newport Beach CA and require help.