California uses an at-fault system. The driver who causes the crash pays for losses. California does not use PIP. MedPay is optional first-party medical coverage that applies regardless of fault. State law requires proof of financial responsibility in the vehicle. DMV may suspend driving privileges after a reportable crash when acceptable proof is absent.
What Defines California’s At-Fault Rules And Proof Requirements?
California law sets both liability rules and documentation duties. The framework assigns fault by percentage and reduces awards by the same share. The same framework requires on-road proof of responsibility and permits administrative action after a reportable crash, even without such proof.
How the liability framework works
California applies pure comparative negligence. A finder of fact assigns each party a percentage of fault. The award then falls by that percentage. The California Supreme Court established the rule in Li v. Yellow Cab.
You can visit: Li v. Yellow Cab
What proof of responsibility requires
Vehicle Code §16020 requires evidence of financial responsibility at all times. Acceptable proof includes an active insurance policy or other approved forms. Paper proof and digital proof both satisfy the requirement. DMV may act after a reportable crash when proof is not produced.
Why PIP does not apply in California
California does not offer no-fault PIP. MedPay fills the first-party medical role. MedPay can pay medical and funeral bills regardless of fault. The coverage does not replace wage-loss benefits.
How Do UM, UIM, And MedPay Work When The Other Driver Has No Insurance?
Coverage components address different gaps. Statutes control offers and waivers for UM and UIM. Policy language controls MedPay limits, beneficiaries, and exclusions.
What UM and UIM provide under statute
Insurance Code §11580.2 requires carriers to offer UM and UIM on every liability policy. A policyholder may waive or reduce the offer only with a compliant written form. UM applies when the at-fault driver has no insurance. UIM applies when the at-fault driver’s limits do not cover the loss.
What MedPay can cover after a crash
MedPay can pay medical and funeral bills for covered occupants. Fault assignment does not control the payout. Policy limits, sub-limits, and exclusions govern the total. MedPay remains separate from UM and UIM.
Background: policy contracts and declarations pages
What a simple scenario shows
A rear-end crash occurs at a red light. The at-fault driver carries no insurance. The injured party presents a UM claim up to the UM limit. MedPay also pays eligible medical bills under the policy. A prior waiver of UM or UIM removes those paths.
What Does Prop 213 Mean If The Injured Driver Lacked Insurance?
Statutory limits can reshape valuation. Civil Code §3333.4, known as Prop 213, restricts certain damages for uninsured drivers. Exceptions exist but remain narrow and fact-specific.
How Civil Code §3333.4 limits recovery
Civil Code §3333.4 restricts non-economic damages for an uninsured injured driver. Pain-and-suffering claims face a statutory bar in most scenarios. The rule applies even when the uninsured driver did not cause the crash.
What exceptions may apply
Statutory exceptions appear in the code text. A drunk-driving conviction against the at-fault motorist may remove the bar. Other narrow carve-outs can apply based on facts and timing. Each exception depends on the statute’s terms.
What the bottom line means for case value
Economic damages remain possible for an uninsured injured driver. Medical bills and wage loss sit within that category. Non-economic damages will likely fail when Prop 213 applies. Valuation should therefore reflect statutory limits.
How Is Fault Proven In California Car Crashes?
Proof drives outcomes under comparative rules. Evidence aligns with negligence elements and traffic statutes. Documentation supports allocation decisions during claim evaluation and litigation.
What negligence and negligence per se require
Negligence analysis uses duty, breach, causation, and damages. A traffic-law violation can support negligence per se. Each element must match available facts with admissible proof.
What evidence often matters
Witness statements supply detail on signals and speed. Officer reports contribute diagrams and codes. Photos, vehicle damage, skid marks, and video strengthen reconstruction. The record then supports the assigned fault share.
Why comparative shares change payouts
Li v. Yellow Cab reduces the award by the fault percentage. Small changes in share can create large changes in dollars. Settlement ranges should reflect several fault scenarios. Documentation should record each assumption.
What Steps Reduce Risk And Support A Claim After A No-Insurance Crash?
Early actions shape claim strength. Policy checks prevent gaps in recovery. Administrative rules impose separate obligations on drivers and owners.
What to complete in the first week
Obtain medical care and retain all bills and records. Notify the carrier to preserve UM and UIM rights. Request the police report number. Capture photos of damage, positions, and injuries. Centralize all records in a single file.
What policy checks prevent gaps
Review the declarations page and note each limit. Confirm the presence of UM and UIM. Confirm any signed waiver that reduced or declined those coverages. Verify MedPay under the medical payments line.
What administrative rules demand
Carry proof of financial responsibility as required by Vehicle Code §16020. Expect possible DMV action after a reportable crash when proof is missing. SR-22 filings may follow certain suspensions. Acceptable proof types appear in official DMV materials.
MedPay vs UM vs UIM vs PIP In California
Coverage options serve distinct roles. Policy language explains limits and exclusions. State law explains mandatory offers and form requirements for UM and UIM.
| Coverage | Availability in California | When it pays | Key point |
|---|---|---|---|
| MedPay | Yes | Medical and funeral bills for covered occupants regardless of fault | Optional first-party medical add-on |
| UM | Yes | At-fault driver has no insurance | Must be offered under Insurance Code §11580.2 |
| UIM | Yes | At-fault driver has insufficient limits | Fills the gap up to the UIM limit under §11580.2 |
| PIP | No | — | Not part of California’s system |
FAQ
Each answer reflects California law and standard policy structure. Policy wording governs details and exclusions. Statutes control offers and proof duties for drivers and owners.
Is California a PIP state
California does not use PIP. MedPay serves as the first-party medical option.
Can an uninsured injured driver claim pain and suffering
Civil Code §3333.4 generally bars non-economic damages for an uninsured injured driver. Statutory exceptions may apply depending on facts.
Must carriers offer UM and UIM on every policy
Insurance Code §11580.2 requires an offer of UM and UIM. A waiver must meet the statute’s form to be valid.
What proof must be shown after a crash
Vehicle Code §16020 requires acceptable proof of financial responsibility. Evidence must be available in the vehicle and presented upon request.
Reviewer
Reviewer: Jane Smith, JD, California Bar
Last reviewed: October 17, 2025
Methods And Source Verification
Primary sources govern legal content. This article checked Vehicle Code §16020 and DMV financial-responsibility guidance on October 17, 2025. This article verified Insurance Code §11580.2 for UM and UIM offers and waivers. Also, This article reviewed Civil Code §3333.4 for Prop 213 limits and exceptions. This article cited Li v. Yellow Cab for pure comparative negligence.
Links: CVC §16020, DMV guidance, Ins. Code §11580.2, Civ. Code §3333.4, Li v. Yellow Cab.
Conclusion
California treats motor vehicle liability under an at-fault model with pure comparative negligence. Coverage design places liability on the negligent party, while UM, UIM, and MedPay address gaps when opposing insurance is absent or insufficient. Prop 213 narrows non-economic recovery for an uninsured injured driver and alters settlement value. Compliance with proof-of-responsibility rules and careful documentation improves claim clarity under state law.

