Auto Accidents

How much insurance must California drivers carry, and what if it is not enough for my injuries?

For policies issued or renewed since January 1, 2025, the minimum is $30,000 for injury or death of one person, $60,000 for two or more people, and $15,000 for property damage. Those minimums rise again for policies issued or renewed from January 1, 2035. If the other driver's coverage cannot pay for your injuries, your own underinsured motorist coverage may make up part of the difference.

Last updated October 4, 2026.

The other driver's policy limit is often the first practical limit on an injury claim. California raised its minimum limits for policies issued or renewed from 2025, and it has already set the next increase. This page explains the numbers in Vehicle Code section 16056, how the limits are shared when several people are hurt, and how your own coverage can fill the gap. For the wider picture, see our auto accident page.

How do you find out what coverage is available, step by step?

  1. Collect the other driver's details at the scene. In an injury crash, each driver must give a name, address, registration number and the owner's details (Vehicle Code section 20003), and must show proof of insurance if an officer called to the scene asks (section 16028(c)).
  2. Report the crash. The DMV's SR-1 form, due within 10 days of an injury crash, asks for the other party's vehicle and insurance information as well as your own.
  3. Find your own limits. Your policy's declarations page shows your bodily injury, uninsured and underinsured limits, and any medical payments coverage.
  4. Open the claim against the at-fault driver's policy. That policy pays first, up to its limits.
  5. Tell your own insurer before you settle. Section 11580.2(c)(3) of the Insurance Code says uninsured motorist coverage does not apply if you settle with a person who may be liable without your insurer's written consent.
  6. Claim underinsured benefits after the other limits are paid. Send your insurer proof that the at-fault driver's limits were paid out (section 11580.2(p)(3)).
  7. Watch the two-year dates. Two years to sue for injuries, and two years to sue, settle or demand arbitration under your own coverage.

What are California's minimum liability limits?

Minimum liability limits under Vehicle Code section 16056
CoverageOlder minimumPolicies issued or renewed from January 1, 2025Policies issued or renewed from January 1, 2035
Injury or death of one person$15,000$30,000$50,000
Injury or death of two or more people$30,000$60,000$100,000
Damage to the property of others$5,000$15,000$25,000

The 2035 figures come from section 16056(d), which adds $20,000, $40,000 and $10,000 to the 2025 amounts. Because the increase applies to policies as they are issued or renewed, a driver whose policy renewed shortly before January 1, 2025 may still have had the older limits for part of that policy term. The limits are exclusive of interest and costs, and the policy must come from an insurer admitted to do business in California, with a narrow exception for some vehicles registered elsewhere (section 16056(a), (b)).

What happens if my injuries are worth more than the other driver's policy?

The at-fault driver is still responsible for the full harm caused, but collecting more than the policy limit from an individual can be difficult. That is where your own coverage matters. Insurance Code section 11580.2 defines an underinsured motor vehicle as one insured for less than the uninsured motorist limits on the injured person's vehicle (section 11580.2(p)(2)). Underinsured coverage then works this way:

  • It applies only after the at-fault driver's liability limits have been paid out through settlements or judgments, and proof of that payment has been sent to your insurer (section 11580.2(p)(3)).
  • Your insurer's maximum is your underinsured limit, minus what was paid by or for the people legally responsible for the injury (section 11580.2(p)(4)).
  • If you sue the at-fault driver, you must promptly give your underinsured carrier a copy of the complaint by personal service or certified mail (section 11580.2(p)(6)).
Example: how underinsured motorist coverage is figured
StepAmount
Your underinsured motorist limit$100,000
Paid by the at-fault driver's insurer (a 2025 minimum policy)$30,000
Most your own insurer could pay under section 11580.2(p)(4)$70,000

The example shows the ceiling, not a promise: what is actually paid depends on the value of the injuries and the terms of your policy.

Do I have uninsured and underinsured coverage?

Probably, unless you gave it up in writing. Section 11580.2(a) requires every auto bodily injury liability policy issued in California to include uninsured motorist coverage unless the named insured signs an agreement in the form the statute prescribes to delete it or reduce it. Uninsured and underinsured coverage are offered as a single coverage (section 11580.2(n)), and the insurer must offer limits equal to your bodily injury limits, though it does not have to offer more than $30,000 per person and $60,000 per crash for uninsured coverage (section 11580.2(m)). Underinsured coverage is included in every policy with uninsured coverage issued or renewed since July 1, 1985 (section 11580.2(p)(7)).

If the driver had no insurance at all, or drove away, your uninsured motorist coverage is the usual source of recovery, with strict conditions for hit and run cases. We explain them on our page about hit and run or uninsured driver claims in Los Angeles County.

What changes the answer?

When the at-fault driver's policy was issued or renewed

The higher minimums in section 16056(a)(2) apply to policies issued or renewed on or after January 1, 2025. The date of the crash alone does not decide which minimum applied; the policy's term does.

How many people were hurt

The per-crash limit is shared. Under a 2025 minimum policy, one person can receive up to $30,000, and everyone hurt in the crash together can receive up to $60,000 (section 16056(a)(2)). With three injured people, the $60,000 may be stretched thin, which makes each person's own underinsured coverage more important.

Whether your limits are higher than the other driver's

A vehicle is underinsured only if its liability limits are lower than your own uninsured motorist limits (section 11580.2(p)(2)). If you carry the same minimum the other driver carries, underinsured coverage may add nothing, because the amount the other insurer paid is subtracted from your limit.

Whether more than one policy applies

Limits from two or more vehicles or policies cannot be added together, or stacked, to raise the coverage (section 11580.2(q)). When more than one uninsured motorist coverage applies, the policy may cap the damages at the higher limit and prorate them (section 11580.2(d)).

Other payments you receive

A policy may reduce uninsured motorist damages by medical payments coverage paid or due (section 11580.2(e)), and the payment may be reduced by workers' compensation benefits if you were hurt on the job (section 11580.2(h)(1)).

Whether a government vehicle was involved

A vehicle owned by a government agency is not an "uninsured motor vehicle" under section 11580.2(b). A claim for a crash with a city or county vehicle starts with a written government claim; see the six-month claim against Glendale or Los Angeles County.

A worked example

For example, imagine a hypothetical family of three driving home to Glendale when a car runs a red light and hits them. The at-fault driver's policy renewed in March 2025 at the state minimum. The parents and their teenage son are all hurt, and the son's injuries are the most serious. The family's own policy carries $100,000 per person in uninsured and underinsured coverage.

The at-fault policy can pay at most $30,000 to any one person and $60,000 in total, so the three claims share that $60,000. Because the family's limits are higher, the other car is underinsured as to them. Each injured family member may then look to the family policy, up to $100,000 per person less what that person received from the at-fault insurer, after the at-fault limits are exhausted and proof is sent. Before accepting the at-fault insurer's money, they tell their own insurer in writing and ask for its consent. None of this says what the injuries are worth; it shows which policies may be available and in what order.

Common mistakes with policy limits

  • Settling with the at-fault insurer without telling your own. Section 11580.2(c)(3) can void the coverage when you settle without your insurer's written consent.
  • Assuming the 2025 minimums apply to every crash after January 1, 2025. It depends on when the at-fault policy was issued or renewed.
  • Forgetting the per-crash cap. When several people are hurt, the $60,000 is shared among them.
  • Expecting policies to stack. The statute forbids adding limits together.
  • Not checking a household member's policy. Relatives living in the named insured's household can be "insured" under the definition in section 11580.2(b).

What to do this week

  1. Get your declarations page and write down your bodily injury, uninsured, underinsured and medical payments limits.
  2. Ask any relative you live with for their declarations page as well.
  3. Find the other driver's insurer and policy number on the police report or your SR-1 copy.
  4. Tell your own insurer about the crash in writing.
  5. Keep every medical bill and record, and a list of missed work days.
  6. Gather your documents with our list of what to bring to a personal injury consultation.

Frequently asked questions

Is $30,000 the most I can recover from the other driver?

No. A policy limit caps what the insurer pays, not what the driver owes. Recovering more from the driver personally can be hard, which is why your own underinsured coverage often matters.

The crash was in 2025. Which minimum applied?

The one in force under the at-fault driver's policy. The $30,000, $60,000 and $15,000 minimums apply to policies issued or renewed on or after January 1, 2025, so a policy renewed in late 2024 could still carry the older limits until its next renewal.

What about damage to my car?

The property damage minimum is $15,000 for policies issued or renewed since January 1, 2025, up from $5,000 (section 16056(a)(2)). If repairs or the car's value exceed what the policy pays, the balance is a claim against the driver personally, generally within three years (Code of Civil Procedure section 338(c)(1)). If your car was totaled, see how a total loss value is decided in California.

What deadlines apply?

A lawsuit for injuries against the at-fault driver generally must be filed within two years (Code of Civil Procedure section 335.1). Under your own uninsured motorist coverage, within two years of the crash you must sue the uninsured driver, reach an agreement with your insurer, or formally demand arbitration by certified mail (section 11580.2(i)). Right after a crash, the reporting rules come first; see what to do after a car crash in Glendale.

Does the per-person limit apply if someone died?

Yes. The limits in section 16056 cover bodily injury to or death of one person, and the per-crash limit covers two or more. Our page on wrongful death and survival claims explains who may bring a claim after a fatal crash.

How can Glendale Law help?

We identify every policy that may apply, including the other driver's liability coverage and your own uninsured and underinsured coverage, document the full value of the injuries, and handle the insurers. Our article on how a personal injury lawyer can maximize your compensation describes how those sources fit together. Our Los Angeles County personal injury page covers where claims go locally. Call (818) 244-9000 or request a consultation.

Injuries bigger than the other driver's policy?

Our Glendale team can identify every policy that may apply and explain how your own coverage can help.

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