Is California a No-Fault State?

You’ve been hurt in a car accident, and now you are not only trying to navigate the healthcare system, but also the car insurance system. The good news is that we can help.

Is California an at-fault state or is California a no-fault state for auto accidents? California is an at-fault state. That means the person responsible for the car accident has to pay for the damages. At the Beliz Law Firm, we help you hold this person accountable and get you the compensation you deserve.

No-Fault vs. At-Fault

When it comes to auto insurance, states generally follow one of two systems: no-fault or at-fault.

No-Fault State

A no-fault system requires drivers to turn to their insurance company for compensation, regardless of who caused the accident. Under this structure, you file a claim with your insurance carrier, and they pay your medical bills up to a certain limit. These systems often restrict your ability to sue another driver unless your injuries meet a higher severity threshold. You may be asking,

At-Fault State (California)

An at-fault system, which applies in California, places financial responsibility on the person who caused the crash. If another driver’s careless actions led to your injuries, that driver’s insurance company becomes responsible for covering your medical expenses, lost wages, and property damage. This structure allows you to pursue a claim directly against the at-fault driver’s insurer and, when necessary, file a lawsuit in court.

In an at-fault state like California, the amount you recover depends heavily on proving who caused the accident.

How Is Fault Assigned in California’s At-Fault System?

Assigning fault in California relies on evidence that shows who acted negligently. Fault can be established through several types of evidence, depending on the stage of the claim, including:

Police reports detailing the circumstances of the collision,
Witness statements describing how the crash occurred,
Traffic camera footage or photographs from the scene, and
Expert evaluations of vehicle damage or accident reconstruction.

Negligence can mean many things, including speeding, running a red light, texting while driving, or failing to yield.

California’s Comparative Negligence Doctrine

Another important legal aspect is California’s pure comparative negligence doctrine. This rule means more than one party can share blame for an accident. If you are partially responsible, your compensation will be reduced by your percentage of fault.

For example, imagine another driver rear-ended you, but you had a broken taillight at the time. A court or insurance adjuster might decide you were 20 percent at fault for not maintaining your vehicle, while the other driver was 80 percent at fault for failing to stop. If your damages totaled $100,000, you would recover $80,000 instead of the full amount.

Comparative negligence ensures that each party pays according to their share of fault. This rule can significantly impact the outcome of your case, which is why having legal guidance matters. At the Beliz Law Firm, we work to minimize any fault attributed to you and maximize your recovery.

What Is the Process of Filing Claims and Recovering Damages?

The process of filing claims and recovering damages in California involves several key steps:

Report the accident to your insurance company. Even though the other driver may be at fault, your insurer must know about the collision.
Seek medical treatment right away. Your health and documentation of your injuries are both critical. Medical records serve as evidence when proving damages.
Investigate and gather evidence. This includes police reports, witness statements, and photos of the accident scene and vehicle damage.
File a claim against the at-fault driver’s insurance company. This claim requests payment for your medical expenses, lost wages, property damage, and pain and suffering.
Negotiate with the insurance company. Adjusters may attempt to minimize your payout. Skilled negotiation ensures that you do not settle for less than you deserve.
File a lawsuit if negotiations fail. Sometimes insurers refuse to pay fair compensation, and litigation becomes necessary. A lawsuit allows a judge or jury to decide the case.
Secure compensation through settlement or verdict. Once your claim is resolved, you will receive payment for the damages awarded.

Every step requires careful documentation, attention to detail, and awareness of deadlines. As your attorney, we step in and handle this work for you.

Does California Have No-Fault Insurance?

California does not operate under a no-fault insurance system. You cannot purchase a policy that allows you to recover damages from your own insurance company regardless of fault. Instead, drivers rely on liability insurance coverage carried by the at-fault driver.

However, California does require insurance companies to offer uninsured motorist coverage. This type of policy protects you if you are hit by a driver who has no or insufficient insurance to cover your damages.

Uninsured Motorist Coverage

If the at-fault driver in an accident does not have auto insurance, or if they fled the scene after the accident (hit-and-run), then you can pursue compensation through your uninsured motorist coverage, if you have it. Instead of making a claim with the other driver’s insurer, you file with your own under your uninsured motorist policy. Your insurer then pays for your medical expenses and other damages up to the limits of your policy.

Contact Us Today

Navigating an at-fault system can be overwhelming, especially when you are injured and facing medical bills, time away from work, and uncertainty about your future. Insurance companies have teams of adjusters and lawyers working to reduce payouts. Without experienced legal help, you risk receiving far less than you need to cover your losses.

At the Beliz Law Firm, we focus exclusively on personal injury law and have served car accident victims since 2011. We are a small firm with big results, and we understand what it takes to build strong cases in California’s at-fault system. We investigate every detail, challenge unfair insurance tactics, and fight for full compensation.

If you or a loved one has been injured in a car accident in California, contact us today. We are ready to help you understand your rights, guide you through the claims process, and pursue the justice and financial recovery you deserve.

Michael A. Beliz, Esq., established The Beliz Law Firm in the spring of 2011. Michael has been a practicing attorney since 2006 and worked for two of the most prominent plaintiff’s personal injury law firms in Southern California. He has worked on and handled hundreds of cases as an attorney in all types of personal injury cases, including vehicle accidents, pedestrian accidents and dog bites, and successfully recovered millions of dollars for his clients.