What to Do After a Car Accident in California

After a car accident in California, move to safety, call 911 if anyone is hurt, exchange information, photograph everything, and get medical care the same day. Report the crash to your insurer and file a DMV SR-1 report within 10 days if anyone was hurt or damage tops $1,000. Talk to an injury attorney before giving any recorded statement.

The minutes and days after a crash shape both your health and your claim. This guide walks through what to do at the scene, what California law requires, what evidence to keep, and when to get legal help.

This article is general information, not legal advice. Every crash is different, and deadlines can change.

Key takeaways

• Your safety and medical care come first. Evidence and paperwork come second.
• California law requires you to stop, exchange information, and report certain crashes to the DMV and police.
• You can see a doctor even if you feel fine. Some serious injuries show up hours or days later.
• You do not have to give the other driver’s insurer a recorded statement.
• Deadlines are short. Most injury lawsuits must be filed within 2 years, and claims against a city or state agency can have a 6 month deadline.

What should you do at the scene of a car accident in California?

Work through these steps in order, as far as your injuries allow.

1. Check for injuries and call 911. If anyone is hurt, or you are unsure, call 911. Do not move someone with a possible neck, back, or head injury unless there is immediate danger such as fire.
2. Get to a safe place. If the cars can be driven and the crash was minor, move them out of traffic. Turn on your hazard lights. On a freeway, move to the shoulder if you can, and stay out of the lanes.
3. Stay at the scene. California law requires drivers in a crash to stop. Leaving the scene of a crash that injures someone, or damages property without leaving your information, can be charged as a hit-and-run.
4. Exchange information. Get the other driver’s name, phone number, address, driver’s license number, license plate, insurance company, and policy number. Give them yours.
5. Photograph and video everything. Take wide shots of the scene and close shots of vehicle damage, skid marks, debris, traffic signs, signals, road conditions, and visible injuries.
6. Get witness details. Ask anyone who saw the crash for their name and phone number. Independent witnesses often settle disputes over who caused a crash.
7. Be careful what you say. Stay calm and stick to the facts. Do not guess about speed, and do not say the crash was your fault. A simple “are you okay?” is fine.
8. Ask for a police report number. If officers respond, ask how to get a copy of the report.

Do you have to report a car accident in California?

Often, yes. There are three separate reports to think about.

Police or CHP. If anyone is injured or killed, the crash must be reported to the police or the California Highway Patrol. If officers do not come to the scene, report it promptly yourself. A police report is also valuable evidence for your claim even when it is not strictly required.

The DMV (SR-1). You must file a Report of Traffic Accident Occurring in California (form SR 1) with the DMV within 10 days if the crash caused any injury or death, or more than $1,000 in property damage. This applies whether or not you were at fault, and whether or not the police made a report. Failing to file can put your driver’s license at risk. Your insurance company may offer to help, but confirm the form was actually filed.

Your insurance company. Report the crash to your own insurer soon after it happens, even if you think the other driver is at fault. Most policies require prompt notice. Give the basic facts, but you are not required to give a long recorded account of what happened right away.

Should you see a doctor even if you feel fine?

Yes. Adrenaline can hide pain for hours. Some injuries are not obvious at first, including:

• Concussions and other traumatic brain injuries, which can cause headaches, confusion, memory problems, or mood changes that appear later
• Whiplash and other neck and back injuries
• Internal bleeding or organ injuries
• Herniated discs and nerve damage

See a doctor, urgent care, or emergency room the same day if you can, and follow the treatment plan. Tell the provider every symptom, even small ones, and that it came from a car accident. Medical records created soon after the crash link your injuries to the collision. A long gap in treatment gives an insurance company room to argue that you were not hurt, or that something else caused your symptoms.

If a crash caused a serious head, brain, or spinal cord injury, get specialized care quickly and keep every record. These cases often depend on detailed medical proof.

What evidence should you collect after a crash?

Start a folder, on paper or on your phone, and keep everything in it:

• Photos and video from the scene, and later photos of bruises, cuts, and other injuries as they change
• The police report number and the officers’ names
• Names and contact information for witnesses
• The other driver’s insurance and vehicle details
• Medical records, bills, prescriptions, and appointment notes
• Repair estimates and photos of your vehicle’s damage
• Pay stubs and a note of missed work
• A short daily journal of pain, sleep, and limits on daily activities

Do not repair or scrap your vehicle until it has been documented. Modern vehicles record speed, braking, and other data in an event data recorder, sometimes called a black box. That data can matter in a serious crash, especially one involving high speed. If another party may hold video, such as a business with a security camera, ask for it quickly because recordings are often erased within days. For crashes involving a company or commercial driver, an attorney can send a formal request asking the company to preserve evidence.

Avoid posting about the crash or your injuries on social media. Insurance companies look at it.

What should you say, and not say, to insurance companies?

You have to cooperate with your own insurer. The other driver’s insurer is different. It represents the other side, and its goal is to pay as little as possible.

• Be cautious with recorded statements. You are not required to give the other driver’s insurer a recorded statement. Speak with an attorney first, especially if you were hurt.
• Do not guess. Say “I’m not sure” rather than estimating speed, distances, or how you feel.
• Do not sign broad medical releases. An adjuster may ask for access to years of unrelated medical history.
• Do not accept the first offer quickly. Early offers often come before the full extent of your injuries is known. Once you settle, you generally cannot reopen the claim.
• Keep records of every call, including the date, the adjuster’s name, and what was said.

How does fault work in a California car accident?

California uses a system called pure comparative fault. You can recover compensation even if you were partly to blame, but your recovery is reduced by your percentage of fault. For example, if a jury finds your damages total $100,000 and you were 20 percent at fault, you could recover $80,000.

This is why insurers work hard to shift blame onto you. Details like where the vehicles ended up, what witnesses saw, traffic camera footage, and vehicle data can change the fault split. It is also why you should not accept blame at the scene.

What are the deadlines after a California car accident?

Deadlines are strict, and missing one can end your claim.

• Personal injury lawsuits: generally 2 years from the date of the crash.
• Property damage: generally 3 years.
• Claims against a city, county, state agency, or other public entity: a written claim may be due in as little as 6 months. This can apply when a dangerous road design, a missing sign, or a government vehicle contributed to the crash.
• DMV SR-1 report: 10 days, in the situations described above.

Exceptions can shorten or extend these periods, and a minor injured in a crash is treated differently. If you are close to a deadline, speak with an attorney right away.

What if the other driver is uninsured, flees, or works for a company?

The driver has no insurance or leaves the scene. California requires drivers to carry minimum liability insurance, currently $30,000 per person and $60,000 per accident for injuries, and $15,000 for property damage. Many serious injuries cost far more than that. If you carry uninsured or underinsured motorist coverage, it may help. Report a hit-and-run to the police immediately, since most policies require a prompt report.

The driver was working for Uber, Lyft, a delivery service, or a company. These crashes can involve several insurance policies and corporate defendants, and the coverage that applies often depends on what the driver was doing at the moment of the crash. See our page on rideshare and commercial vehicle accidents.

You were hit while walking or riding a bike. Pedestrians and cyclists are especially vulnerable. Read more about pedestrian and vulnerable road user accidents.

Someone died in the crash. Family members may have the right to bring a wrongful death claim. See wrongful death litigation.

When should you hire a car accident lawyer?

A minor fender bender with no injuries may not need one. Talk to an injury attorney if:

• You or a passenger were seriously hurt, or the injuries are still developing
• Fault is disputed, or the other driver’s insurer is blaming you
• The crash happened at high speed, such as on a freeway, or involved several vehicles. See high-velocity motor vehicle collisions.
• The other driver was uninsured, fled, or was working at the time
• An insurer is pressing you for a recorded statement or a quick settlement
• The case involves a brain, spinal cord, or other life-changing injury

A consultation costs nothing, and you can learn where you stand before you commit to anything.

Your first 48 hours checklist

• Get medical care, even if you feel fine
• Photograph the scene, the vehicles, and your injuries
• Save the other driver’s and witnesses’ information
• Get the police report number
• Tell your insurance company
• File the SR-1 with the DMV (within 10 days if required)
• Do not give a recorded statement to the other driver’s insurer
• Do not post about the crash online
• Keep every bill, record, and receipt
• Speak with an attorney if you were hurt

Common questions

Do I need a police report for a minor accident?
If anyone is hurt or killed, the crash must be reported. Even for minor crashes, a police report helps document what happened, so request one when you can.

What if I did not call the police at the scene?
You can still report the crash afterward and still file the DMV report if it applies. Report promptly, because delay makes it harder to prove what happened.

Can I still recover if I was partly at fault?
Often yes. California’s pure comparative fault rule reduces your recovery by your share of fault instead of barring it.

Should I move my car after a crash?
If it is safe and the crash was minor, move out of traffic after taking photos if you can. If anyone is injured or the vehicle cannot be moved safely, stay put and call 911.

How soon should I talk to a lawyer?
As soon as you are hurt or an insurer starts asking for statements. Early advice helps protect evidence and avoid mistakes.

Talk to Robert Simon

If you were injured in a California car accident, you do not have to handle the insurance companies alone. Robert Simon is a California trial attorney who handles serious injury and wrongful death cases. Call (424) 577-3663 any time for a free consultation, or request a free case review. There is no fee unless we recover for you.

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