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If you were only partly at fault
Many crashes involve more than one mistake. Under California’s comparative fault rule, an injured person’s own share of fault reduces the damages in proportion but does not bar recovery. If the other driver was mostly to blame and you were a little to blame, you can still recover most of your damages. Even a driver who carries most of the blame can recover the share the other driver caused.
That is why you should not assume fault before the evidence is in. Admitting blame at the scene, or to an insurer, can stick even when video or witnesses later show something else. Read what not to tell the insurance company. For one common crash type, see who is at fault in a rear-end accident.
Your duties after the crash, whoever caused it
Fault does not change what California requires at the scene. A driver involved in a crash that causes injury or death must stop, give their name, address, license and registration information, and render reasonable assistance. Leaving the scene of an injury crash is a crime. In Washington, a driver in an injury crash has similar duties to stop, share information and help.
You must also report the crash to the DMV on form SR-1 within 10 days if anyone was hurt or killed, or if property damage was more than $1,000, whether or not you were at fault. Tell your own insurance company about the crash promptly as well. Your policy explains what the insurer does when another person makes a claim against you.
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Insurance problems that change the picture
If you were driving without the insurance California requires, or you owned an uninsured vehicle involved in the crash, Proposition 213 generally bars you from recovering pain and suffering. The same bar applies to an injured driver convicted of DUI for the crash. Medical bills and lost wages can still be recovered. There is an exception for an uninsured owner hurt by a driver convicted of DUI for that crash.
Your own coverage may also help. MedPay, if you bought it, pays reasonable medical expenses from a covered crash regardless of fault, up to the policy limit. In Washington, insurers must offer PIP, which pays medical expenses and some lost income regardless of fault. Check your declarations page before you assume you have nothing. Read how MedPay works.
When to call a lawyer
Call a lawyer if you were hurt and believe the other driver shares the blame, if the police report seems wrong, if someone was seriously injured, or if you receive a lawsuit or a letter from another driver’s lawyer. A lawyer can look at the scene photos, witness statements and the report to see how fault may really be divided.
If you are sued, send the papers to your insurance company right away, because court papers come with deadlines. Your insurer may assign a defense lawyer under your policy. If the claim could be higher than your limits, you may also want your own lawyer to look at your exposure. Read what happens if you lose a car accident lawsuit.
What to do now
Get medical care if you were hurt. Take photos of the cars, the road, the signals and any skid marks, and write down witness names and phone numbers. Get the police report number. Keep what you say to the facts, and do not apologize or guess about fault at the scene, since those words can be repeated later.
Do not give a recorded statement to the other driver’s insurer or sign anything before you talk with a lawyer. Keep every bill, receipt and claim number. A California injury lawsuit must generally be filed within two years, and a Washington one within three years, so if you were hurt, do not wait to find out whether you have a claim.
- Stop, share your information and help anyone hurt
- File the DMV SR-1 within 10 days when required
- Photograph the scene and get witness contacts
- Tell your own insurer promptly
- Do not give recorded statements to the other insurer before you talk with a lawyer
Common questions
Can I sue if the accident was partly my fault?
Yes, in California. Under pure comparative fault, your share of fault reduces your damages in proportion but does not bar recovery. If an insurer says you share the blame, ask what evidence supports that share, and get a lawyer’s view before you accept it.
Will my insurance pay if I caused the accident?
Your liability coverage is what pays other people’s claims, up to your limits and under the terms of your policy. Your collision coverage, if you have it, may pay for your car, and MedPay may pay your medical bills. Read your declarations page and call your insurer promptly.
Should I admit fault after a car accident?
Stick to the facts. Give your information, help anyone who is hurt, and tell the police what happened without guessing or apologizing. Fault is often more complicated than it seems in the moment, and evidence such as video can show something different. Let the evidence decide who was at fault.
What if the other driver blames me and I disagree?
Gather evidence early: photos, video from nearby businesses or dashcams, witness contacts and the police report. Write down your own account while it is fresh. Do not give a recorded statement to the other insurer before you talk with a lawyer, who can push back on a fault decision you think is wrong.
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If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
The insurance company made a lowball offer: how to respond · Should I accept the first settlement offer after a car accident? · How long does a car accident settlement take? · Is a car accident settlement taxable? · Car accident settlement with no injuries: what you can claim · All car and truck accident questions
Sources
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, 828-829; CACI No. 405
- Cal. Veh. Code §§ 20001(a)-(b), 20003(a)-(b)
- RCW 46.52.020(1), (3), (4)
- Cal. Veh. Code § 16000(a); DMV form SR 1 (Rev. 6/2025)
- Cal. Civ. Code § 3333.4(a)(1)-(3), (b), (c); Hodges v. Superior Court (1999) 21 Cal.4th 109 (upholding statute)
- California Department of Insurance, Auto Insurance Terms glossary; policy terms
- RCW 48.22.085(1)-(2), 48.22.095(1)
- Cal. Code Civ. Proc. § 335.1
- RCW 4.16.080(2)
Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.