Next Steps After a Crash You Did Not Cause

Q: Does being not at fault mean the other driver's insurer has to pay everything?

No. A claimant still has to establish that the other driver was careless and prove the losses claimed — Cal. Civ. Code § 1714(a) supplies the responsibility and Cal. Civ. Code § 3333 the measure of damages. Insurers frequently assign the claimant a share of the fault, and in California that reduces recovery in proportion rather than barring it, as the Supreme Court reaffirmed in Daly v. General Motors Corp., 20 Cal. 3d 725 (1978). Payment is also capped by the at-fault driver's policy limits, whatever the losses turn out to be.

Q: How quickly does a California insurer have to respond to a claim?

The Fair Claims Settlement Practices regulations set the clocks. Under Cal. Code Regs. tit. 10, § 2695.5(e), an insurer receiving notice of a claim must within fifteen calendar days acknowledge receipt, provide necessary forms, instructions and reasonable assistance, and begin any necessary investigation. Under § 2695.5(b), a licensee must respond to a claimant's communication within fifteen calendar days. Under § 2695.7(b), the insurer must accept or deny the claim within forty calendar days of proof of claim, and under § 2695.7(h) tender payment within thirty calendar days of acceptance. A claimant who believes a claim was wrongly handled may take it to the California Department of Insurance.

Question

I was involved in a not-at-fault car accident. What can I do?

A. Jason Velez · Accepted Answer

Not being at fault is the starting point, not the finish. What you actually recover depends on proving the other driver's carelessness, on what their policy will cover, and on deadlines that started running the day of the crash — and the other insurer's first move is very often to suggest you share some of the blame. Responsibility comes from Cal. Civ. Code § 1714(a): everyone is responsible for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person, except so far as the injured person has by their own want of ordinary care brought the injury upon themselves. If a share of blame is put on you, it does not end the claim. California applies pure comparative fault: recovery is reduced only to the extent your own lack of reasonable care contributed to the injury, as the Supreme Court reaffirmed in Daly v. General Motors Corp., 20 Cal. 3d 725 (1978). Reduced in proportion, never eliminated. What is recoverable is measured by Cal. Civ. Code § 3333 — the amount that will compensate for all the detriment proximately caused, whether or not it could have been anticipated. That covers repair or the value of the vehicle, loss of its use, medical care, lost earnings, and the physical harm. The claim-handling rules give you something concrete to hold an adjuster to. Under Cal. Code Regs. tit. 10, § 2695.5(e), an insurer receiving notice of a claim must within fifteen calendar days acknowledge it, provide the necessary forms and instructions, and begin any necessary investigation. Under Cal. Code Regs. tit. 10, § 2695.7(b), it must accept or deny the claim, in whole or in part, within forty calendar days of receiving proof of claim, and under § 2695.7(h) it must tender payment within thirty calendar days of accepting. For a totaled car, the valuation standards in Cal. Code Regs. tit. 10, § 2695.8(b) — the cost of a comparable automobile, plus applicable taxes and transfer fees, with any adjustments itemized and supportable — reach third-party claims through subsection (b)(6). One limit to plan around: the at-fault driver's policy may be small. For accidents before January 1, 2025, California's minimum liability limits under Cal. Veh. Code § 16056(a) were $15,000 per person, $30,000 per accident and $5,000 for property damage; the minimums rose to $30,000, $60,000 and $15,000 for accidents on or after that date. If your losses exceed the limits, underinsured motorist coverage on your own policy, under Cal. Ins. Code § 11580.2, may respond — but that coverage is for bodily injury, not for repairing your car. Damage to your vehicle beyond the other driver's limits is a question for your own collision coverage. What you can do 1. Report the crash to your own insurer even though you were not at fault, and do it promptly. 2. Photograph both vehicles, the scene and any visible injuries, and get the report number if police responded. 3. Get examined if anything hurts, and make sure the record names the collision. 4. Put your claim to the other driver's insurer in writing and keep copies — under Cal. Code Regs. tit. 10, § 2695.5(e) that starts a fifteen-day clock to acknowledge and begin investigating. 5. Keep repair estimates, rental receipts, medical bills and a note of the work you missed. 6. Ask a local attorney before giving a recorded statement, signing a medical authorization or accepting a first offer. Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts is worth more than any general guidance, including this page. ⏱ Time limits apply. Cal. Code Civ. Proc. § 335.1 gives two years for a personal-injury claim and Cal. Code Civ. Proc. § 338(c)(1) gives three years for damage to a vehicle, so one crash can carry two dates. If a government vehicle, driver or roadway is involved, Cal. Gov't Code § 911.2(a)'s six-month presentation deadline applies instead and comes far sooner. Which governs depends on facts this page does not have — have a local attorney confirm your dates early rather than near the end.

Next Steps After a Crash You Did Not Cause

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