What to Do After a Car Accident in California: A Step by Step Checklist

At the Scene: The First 30 Minutes

What you do in the first half hour shapes everything that follows, from your health to the strength of an insurance claim. If you are able, work through these steps in order.

1. Stop and stay. California law requires every driver involved in a crash that injures someone to stop, help, and identify themselves. Leaving can be charged as a hit and run even if the other driver caused the collision.
2. Get safe. Turn on your hazard lights. If the cars can be moved and no one is hurt, move out of traffic. Set out flares or a warning triangle if you have them.
3. Call 911 if anyone is hurt, if a driver seems impaired, or if the other driver leaves. Ask for an officer to come to the scene.
4. Exchange information. Get each driver's name, address, driver's license number, vehicle registration, and insurance company and policy number. Photograph the documents if the other driver agrees.
5. Photograph everything. Take wide shots and closeups of every vehicle, license plates, the road, skid marks, debris, traffic signals and signs, weather and lighting, and any visible injuries.
6. Find witnesses. Ask bystanders for their names and phone numbers. People leave quickly, and an independent witness is often the most persuasive evidence of fault.
7. Stick to facts. Be polite, but don't guess about fault or say you're fine. Injuries often surface hours later.

If the other vehicle was a commercial truck, a delivery van, or an Uber or Lyft, write down the company name and any DOT or vehicle numbers. Different insurance rules apply; see our guide to rideshare accident claims.

Reports California Requires

Two separate reports can be required, and neither depends on who was at fault.

• Police or CHP report. If someone was injured and no officer investigated at the scene, the driver must send a written report to the local police or the California Highway Patrol within 24 hours.
• DMV form SR-1. Within 10 days, each driver must report the crash to the DMV if anyone was injured or killed, or if property damage exceeds $1,000. Failing to file can lead to a license suspension.
• Your own insurer. Most policies require prompt notice of any accident. Report it even if you plan to claim against the other driver.

See a Doctor, Even if You Feel Fine

Adrenaline masks pain. Concussions, whiplash, and back injuries commonly show symptoms a day or more after a crash. Getting evaluated promptly protects your health and creates a medical record that ties your injuries to the collision. Insurers routinely argue that a gap of a few weeks before treatment means an injury was minor or caused by something else.

Follow your doctor's treatment plan, keep every appointment, and save records, bills, and receipts for prescriptions, devices, and mileage to appointments.

Build Your File in the First Week

• Claim numbers and adjuster names for every insurer involved.
• Your photos and videos, backed up somewhere other than your phone.
• Requests for nearby security or traffic camera footage. Businesses often record over video within days.
• Dashcam footage, if you or a witness had it running.
• Records of missed work and lost pay, plus a simple daily note of pain, sleep, and activities you can't do.
• Repair estimates. Photograph your vehicle before repairs, and don't let it be salvaged until damage is documented.

Talking to Insurance Companies

Expect a call from the other driver's insurer within days. The adjuster may be friendly and may ask to record your account or sign a medical authorization. You are not required to give the other side's insurer a recorded statement, and a broad authorization can open your entire medical history. Give basic facts, and get advice before going further.

Be careful with quick settlement offers. Accepting one usually means signing a release that ends your claim, often before you know the full cost of your injuries.

Coverage limits matter too. California's minimum liability insurance is $30,000 per person and $60,000 per accident for injuries, so a serious injury can exceed the at fault driver's policy. Uninsured and underinsured motorist coverage on your own policy can fill that gap.

Deadlines That Can End Your Claim

California generally allows 2 years from the crash to file an injury lawsuit and 3 years for property damage. If a public entity was involved, such as a city bus, a county vehicle, or a dangerous road condition, a written claim must be filed within 6 months. Our guide to California claim deadlines explains the exceptions.

What if You Were Partly at Fault?

You can still recover. California follows pure comparative negligence: your compensation is reduced by your share of fault, but it isn't eliminated. Read how comparative fault works in California.

When to Talk with a Lawyer

A short call is worth it when anyone was hurt, fault is disputed, a commercial, rideshare, or government vehicle was involved, or an insurer's offer doesn't cover your bills. Hamassian Law offers a free case review, and our car accident attorneys work on contingency: $0 upfront and no fee unless we recover compensation for you.

Frequently Asked Questions

Do I Have to Report a Minor Car Accident to the DMV in California?

Yes, if anyone was injured or killed, or if property damage to anyone's vehicle or property is more than $1,000. Each driver must file form SR-1 with the DMV within 10 days, regardless of who was at fault. Because modern repairs routinely exceed $1,000, most crashes qualify.

Should I Give a Recorded Statement to the Other Driver's Insurance Company?

You are not legally required to give the other driver's insurer a recorded statement. Its adjuster works to limit what the company pays, and offhand comments about fault or how you feel can be used later. Report the claim with basic facts and speak with a lawyer before agreeing to a recorded interview. You do have to cooperate with your own insurer under your policy.

How Long Do I Have to File a Car Accident Claim in California?

Generally 2 years from the crash to file a lawsuit for injuries and 3 years for vehicle or property damage. If a city, county, or state vehicle or road condition was involved, you must file a written government claim within 6 months. See our guide to California claim deadlines.

What if the Driver Who Hit Me Has No Insurance?

Uninsured motorist (UM) coverage on your own auto policy can pay for your injuries, and California insurers must offer it. Check your declarations page and notify your insurer promptly. A lawyer can also look for other sources of recovery, such as an employer if the driver was working.

Sources

1. California Vehicle Code § 16000 (DMV report of accident, form SR-1)
2. California Vehicle Code § 20001 (duty to stop at an injury accident)
3. California Vehicle Code § 16025 (exchange of driver and insurance information)
4. California Vehicle Code § 20008 (written report of injury accidents to police or CHP)
5. California Vehicle Code § 16056 (minimum liability insurance limits)
6. California Code of Civil Procedure § 335.1 (two year deadline for injury claims)
7. California Government Code § 911.2 (six month deadline for claims against public entities)
8. California Insurance Code § 11580.2 (uninsured motorist coverage)