After a California crash, the driver who caused it is generally responsible for the damage to your car. Viciti Law in Sherman Oaks helps drivers address insurance disputes involving accident claims. This guide explains your claim options, how insurers value totaled cars, and what to know about rental costs and deadlines.
Who pays for your car after a crash in California?
The driver who caused the crash is responsible, so you can claim against that driver’s property damage liability coverage. You can also use your own collision coverage, which is often faster but comes with a deductible. Your insurer may then seek its costs, including your deductible, from the at-fault driver’s insurer.
This follows Civil Code section 1714, which makes everyone responsible for harm caused by their lack of ordinary care. A claim with the other driver’s insurer is a third-party claim. It usually moves only as fast as the fault decision, and that insurer works for its own policyholder, not for you.
A claim on your own collision coverage is a first-party claim. Your insurer must handle it under the Fair Claims Settlement Practices Regulations. Afterward, it may pursue the other side through subrogation.
What if the other driver has little or no insurance?
California’s minimum property damage liability coverage is $15,000 under Vehicle Code section 16056. That may not cover a newer car. If the driver had no insurance, your own uninsured motorist property damage coverage may help. It applies only if your policy includes it and you can identify the driver or the vehicle.
Under Insurance Code section 11580.26, insurers must offer this coverage, but you can decline it in writing. So check your declarations page. Without collision coverage, the limit is your car’s actual cash value or $3,500, whichever is less. With collision coverage, it pays your collision deductible instead. It does not include loss of use.
The coverage has conditions. The two vehicles must have touched, and you must identify the driver or the license plate. If the insurer disputes your right to recover, arbitration decides it. You must start that arbitration within one year of the accident.
If the other driver’s limits fall short, you may also pursue that driver for the balance.
How is a total loss valued in California?
Insurers value a total loss at actual cash value. In California, that means fair market value unless your policy defines it differently. Under 10 CCR 2695.8, the insurer bases that figure on the cost of a comparable vehicle. It must itemize and explain the number in writing when it makes the offer.
A comparable vehicle generally must be the same make, model type, and model year, with similar body type, options, and mileage. A newer model year may be used only when there are not enough comparable vehicles from the same model year. It must also have been available within 90 days of the final offer. Every adjustment needs documentation, and the settlement must include taxes, license fees and transfer fees.
These rules apply to claims with the other driver’s insurer too. So ask for the valuation report and check each comparable for the wrong trim, missing options or higher mileage. Then gather your own listings and service records to support a higher value.
Can you get a rental car or loss of use?
Often, yes. When the other driver caused the crash, you can generally claim the reasonable cost of renting a similar car. That covers the time reasonably needed to repair or replace yours. Under your own policy, however, rental coverage applies only if you bought it. It pays a set amount per day for a set number of days.
California’s civil jury instructions (CACI 3903M) tie loss of use to the rental value of a similar vehicle. So an insurer may push back on a luxury rental for a compact car. It may also question a rental that runs well past a reasonable repair time.
Keep every rental receipt. The Fair Claims regulations also require insurers to cover reasonable towing and storage charges after a covered loss. Storage fees add up daily, so ask the adjuster when you can move the car.
When does a property damage attorney make sense?
A property damage attorney makes sense when the problem is bigger than a slow reply. Examples include disputed fault, a low total loss offer, an uninsured driver, or a crash that also caused injuries. For a small, clear claim, you may be able to handle it yourself or use small claims court.
Small claims court hears cases of up to $12,500 brought by individuals (Code of Civil Procedure section 116.221). The California courts’ small claims guide explains the process. You can get a lawyer’s advice beforehand, but a lawyer cannot represent you in small claims court.
If you were hurt, the car claim and the injury claim are related but separate. A car accident attorney can review both and check that any release for the car covers only the car. Viciti Law handles crashes across Los Angeles and the San Fernando Valley through its personal injury practice.
Your own insurer also owes you a duty of good faith. If you face an insurer that delays or underpays your collision claim, a property damage attorney can review the file.
How long do you have to file a property damage claim?
In California, you generally have three years from the date of the damage to sue the responsible party over damage to your car. That is a lawsuit deadline, not a deadline for notifying your insurer. Report the accident promptly and check your policy’s reporting requirements. Shorter deadlines can apply, though, and some reports are due within days. A claim involving a government vehicle has a much shorter window.
Keep these dates in mind:
- DMV report: file an SR-1 within 10 days if anyone was hurt or damage to anyone’s property tops $1,000. The rule is in Vehicle Code section 16000, and it applies even if police already have a report.
- Government vehicle: present a written claim within six months (Government Code section 911.2).
- Uninsured motorist property damage: start arbitration within one year if your insurer disputes the claim.
Frequently Asked Questions
Should I use my own collision coverage or wait for the other driver’s insurer?
It depends on how clear fault is and how soon you need the car. Your collision coverage can move faster because your insurer does not need a fault decision first. However, you pay the deductible up front. If your insurer later recovers from the other side, the Department of Insurance says that recovery must include your deductible.
Can I keep my car if it is totaled?
California’s rules allow for it. If you keep a totaled car, the insurer subtracts its salvage value from the settlement. The Department of Insurance says that deduction must be fair, measurable and discernible. The insurer must also tell you in writing that the DMV needs notice. Before deciding, get a repair estimate so you know what fixing it will cost.
What if the adjuster’s estimate is lower than my shop’s?
Send the insurer your shop’s written estimate and ask how it will close the gap. Under 10 CCR 2695.8(f), the insurer must then pay the difference or adjust your shop’s estimate in writing. If you ask, it can instead name a shop that will do the work for its estimate. Also, the insurer cannot require you to use a particular shop.
Do I need a police report for a property damage claim?
Not always. Under Vehicle Code section 20008, drivers must report injury or fatal crashes to CHP or police within 24 hours. Even so, a report can help settle fault. Consider calling LAPD on city streets or CHP on the 101 or 405.
Talk to Viciti Law About Your Car Damage Claim
If an insurer is slow, disputes fault, or undervalues your car, contact Viciti Law for a free consultation. A property damage attorney at the firm can review your estimates and the insurer’s letters. Call (310) 919-5011 or visit the office at 13743 Ventura Blvd, Suite 240, in Sherman Oaks. The team speaks English, Spanish and Russian.
Past results do not guarantee a similar outcome. This article provides general information about California law and is not legal advice. Reading it does not create an attorney-client relationship. Attorney Advertising.
