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California Auto Insurance Claims Basics
Pursuing a California auto insurance claim starts with understanding three things: the types of coverage involved, the state laws that govern them, and how the claims process actually works. California requires every driver to carry auto insurance, and the state sets minimum liability limits that changed in 2025 for the first time in more than half a century. Depending on the coverage you and the at-fault driver carry, you may file a claim against the other driver’s insurer, your own policy, or both. Knowing which coverage applies — and what it is worth — is the difference between a fair recovery and an insurance company paying you far less than your claim is worth.
As Los Angeles car accident attorneys with over 30 years of experience, we help injured Californians identify every available source of recovery and hold insurers to what they actually owe. This page walks through the fundamentals; if you are already dealing with a denial, delay, or lowball offer, see our overview of California car insurance accident disputes.
California’s Minimum Auto Insurance Requirements (2025 Update)
Effective January 1, 2025, Senate Bill 1107 (the Protect California Drivers Act) raised California’s minimum liability limits for the first time since 1967. Every driver in the state must now carry at least:
- $30,000 for bodily injury or death of one person in an accident;
- $60,000 for bodily injury or death of two or more people in an accident; and
- $15,000 for property damage in an accident.
This new standard is commonly written as “30/60/15.” It replaces the old “15/30/5” minimums ($15,000 / $30,000 / $5,000) that had been in place for decades. Policies issued or renewed on or after January 1, 2025 automatically reflect the higher limits. California’s minimum uninsured/underinsured motorist (UM/UIM) bodily injury limits rose in step, to $30,000 per person and $60,000 per accident. The limits are scheduled to increase again on January 1, 2035, to 50/100/25 ($50,000 / $100,000 / $25,000).
| Why this matters for your claim When you are hit by a driver carrying only the state minimum, the higher 2025 limits mean more coverage is available to compensate you — but the at-fault driver’s policy is still capped. For serious injuries, that cap is frequently far below the true value of the claim, which is exactly when your own UM/UIM coverage and an experienced attorney become critical. Carrying higher limits than the minimum, along with UM/UIM and medical payments coverage, remains the best way to protect yourself and your family. |
Types of Car Insurance Coverage in California
At a minimum, California drivers must carry bodily injury liability and property damage liability coverage. Beyond those required coverages, several optional protections can make an enormous difference after a crash:
- Bodily injury liability (required) — pays for injuries you cause to others, up to your policy limits.
- Property damage liability (required) — pays for damage you cause to another person’s vehicle or property.
- Uninsured / underinsured motorist (UM/UIM) — pays you when the at-fault driver has no insurance or not enough. Given how many California drivers are uninsured, this is coverage we strongly recommend to every client.
- Medical payments (MedPay) — pays your and your passengers’ medical bills regardless of fault, with no deductible.
- Collision coverage — pays to repair or replace your vehicle after a crash, regardless of fault (subject to your deductible).
- Comprehensive coverage — pays for non-collision damage such as theft, vandalism, fire, or weather.
- Umbrella coverage — adds a layer of liability protection (often $1 million or more), frequently for only a modest increase in premium.
Because premium increases are a common worry, it is worth knowing that under California Insurance Code § 1861.02, insurers may only base rates on defined factors, and simply filing a legitimate injury claim does not automatically raise your rates. We explain this in detail on our page about California auto insurance rate increases for accident claims.
How Recovery Works Under Each Type of Coverage
Claims Against the At-Fault Driver (Third-Party Liability)
If another driver caused your crash, you generally file a third-party claim against that driver’s liability insurance. Your recovery from that policy is capped at its limits. For example, if the at-fault driver carries only the new state minimum, the most available for your bodily injury claim under that policy is $30,000 per person, and $15,000 for property damage — regardless of how much higher your actual losses are. This is why identifying every potential source of recovery matters, and why it pays to investigate the at-fault driver’s actual coverage limits early.
Claims Under Your Own UM/UIM Coverage
If the at-fault driver is uninsured, flees the scene, or carries limits too low to cover your injuries, your own uninsured/underinsured motorist coverage steps in. Even though you are dealing with your own insurer, do not assume the process will be simple: your insurer has a financial incentive to minimize what it pays, and UM/UIM claims are among the most contested claims in California. The upside is that in a first-party claim your insurer owes you a direct duty of good faith and fair dealing, which gives you significant leverage when it is breached.
MedPay, Collision, and Comprehensive Claims
Medical payments coverage can pay your accident-related medical bills right away, regardless of fault, helping bridge the gap while your larger claim is pending. Collision and comprehensive coverage handle vehicle repair or replacement — collision for crash damage and comprehensive for theft, vandalism, fire, and weather. These first-party coverages do not reduce your right to pursue the at-fault driver separately.
Filing a Claim Against the Driver at Fault
California follows a pure comparative fault rule. Under Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, an injured person can recover even if partly at fault, with the recovery reduced by his or her own percentage of fault. Insurers know this — and adjusters routinely try to assign you a share of fault you do not deserve in order to cut what they pay. They may also dispute the necessity of your medical treatment, attribute your injuries to pre-existing conditions, or make a fast, low first offer before you understand the full extent of your injuries.
An experienced attorney investigates liability, documents the full value of your losses, and counters these tactics with evidence. For a closer look at how the major carriers operate — and which ones generate the most consumer complaints — see our guides on California car insurance claim disputes and the worst auto insurance companies in California.
Carrier-Specific Claims Guidance
Each major insurer handles California claims a little differently — different adjuster structures, valuation software, and negotiation tactics. If you know which company you are dealing with, start with the carrier-specific guide below:
- GEICO auto accident claims in California — how GEICO’s high-volume, direct-to-consumer claims operation evaluates and negotiates California injury claims.
- State Farm auto insurance claims in California — what to expect from California’s largest auto insurer, including its in-house litigation model.
- Allstate auto claims in California — Allstate’s use of claims-evaluation software and its history of low initial bodily-injury offers.
- Farmers Insurance claims in California — Farmers’ claims-handling reputation, delay tactics, and how to push back.
- Mercury Insurance injury claims — Mercury’s aggressive use of comparative fault and causation defenses, and how our firm has answered them.
- Progressive insurance claims in California — Progressive’s tiered adjuster system, photo-estimate pitfalls, and what its adjusters won’t tell you.
When You Should Hire an Auto Accident Attorney
Some straightforward claims — minor property damage, for instance — can be handled on your own. But any claim involving significant bodily injury tends to draw resistance on full value, even when you are dealing with your own insurer under a MedPay or UM/UIM provision. If you are seeking full compensation for current and future medical costs, lost income, property damage, and pain and suffering, the process can be daunting, and insurers count on claimants not knowing what a claim is truly worth.
Having a lawyer with experience and a proven track record of results negotiate with the insurance company on your behalf can make all the difference. Our firm serves clients throughout Los Angeles and California, in English and Spanish, on a contingency basis — no fee unless we recover for you. Contact us for a free consultation.
Frequently Asked Questions
What are California’s minimum car insurance limits in 2025?
As of January 1, 2025, California’s minimum liability limits are $30,000 per person and $60,000 per accident for bodily injury, and $15,000 for property damage (“30/60/15”), under Senate Bill 1107. These replaced the prior 15/30/5 minimums and are scheduled to rise again in 2035.
Does the at-fault driver’s insurance cover all of my injuries?
Only up to that driver’s policy limits. If your losses exceed those limits — common in serious-injury cases — you may need to turn to your own underinsured motorist coverage or pursue other responsible parties to be fully compensated.
What if the at-fault driver has no insurance or too little?
Your own uninsured/underinsured motorist coverage is designed for exactly this situation. It can compensate you when the at-fault driver is uninsured, cannot be identified (such as a hit-and-run), or carries limits too low to cover your injuries. See our Los Angeles uninsured motorist attorney page for how UM/UIM works in California.
Will filing a claim raise my insurance rates?
Not automatically. California law limits the factors insurers may use to set rates, and being not at fault should not trigger an increase. Our page on auto insurance rate increases for accident claims explains the rules and the “principally at fault” standard in detail.
Do I have to give the insurance company a recorded statement?
If you are dealing with the other driver’s insurer (a third-party claim), you are generally not required to give a recorded statement. Even with your own insurer, you should understand the scope of any cooperation obligation before agreeing. Adjusters often use early recorded statements to build fault or minimize injuries, so it is wise to consult an attorney first.
How long do I have to file a car accident claim in California?
For most personal injury claims, California’s statute of limitations is two years from the date of the accident (California Code of Civil Procedure § 335.1). Claims against government entities have much shorter deadlines — often six months to file a government claim — so it is important to act quickly and speak with an attorney as soon as possible.
Additional Resources
- California Car Insurance Accident Disputes — the hub page for insurer dispute topics.
- California Auto Insurance Rate Increases for Accident Claims — when a claim can (and cannot) affect your premium.
- Uninsured Motorist Attorney Los Angeles — UM/UIM coverage and claims against your own insurer.
- Los Angeles Car Accident Attorneys — our core auto accident practice area.