What Should You Do After a Car Accident in California?

Quick Answer: What Should You Do After a Car Accident in California?

If you have been involved in a car accident in California, first protect your safety and get medical help if anyone is injured. If it is safe to do so, move out of danger, call 911 when appropriate, exchange required driver and insurance information, identify witnesses, and photograph the vehicles and accident scene. You should also notify your insurance company promptly and preserve medical records, bills, photographs, and other evidence.

California has additional reporting requirements. A driver generally must file a California DMV SR-1 Report of Traffic Accident Occurring in California within 10 days when anyone is injured or killed, or property damage exceeds $1,000. The SR-1 is required even if you were not at fault and is separate from a police report or an insurance claim.

If you were injured, do not assume that a seemingly minor accident cannot result in a personal injury claim. Some injuries may become apparent later, and determining who is legally responsible can require more than simply looking at the police report. The appropriate next steps depend on the facts of the collision, the available insurance coverage, the extent of the injuries, and other circumstances.

Important: This article provides general information about California personal injury law. It is not legal advice and does not create an attorney-client relationship.

What Is the First Thing You Should Do After a Car Accident?

Your first priority should be safety and medical attention, not determining fault.

1. Check for injuries

Check yourself and your passengers. If anyone appears seriously injured, call 911 and request emergency medical assistance.

Do not assume that you are uninjured simply because you can walk away from the collision. Some injuries may not be immediately obvious. If you develop pain, dizziness, headaches, numbness, or other symptoms after the crash, seek appropriate medical attention.

2. Move to a safe location if possible

California Department of Insurance guidance recommends stopping immediately and moving only when it is safe to do so. If the vehicles can safely be moved out of traffic, doing so may reduce the risk of another collision.

3. Call law enforcement when appropriate

For an injury collision, contacting law enforcement is especially important. California Vehicle Code section 20008 requires a driver involved in an accident resulting in injury or death to make or cause a written report to the appropriate law enforcement agency within 24 hours, subject to the statute’s requirements and exceptions.

A police report can also document information about the collision, although the report itself does not necessarily determine who is legally responsible for all purposes.

What Information Should You Exchange After a California Car Accident?

California law generally requires drivers involved in an accident to exchange identifying and financial-responsibility information with other involved drivers or property owners present at the scene, unless the driver is incapable of doing so.

California Vehicle Code section 16025 includes information such as the driver’s name, address, driver’s license number, vehicle identification number, registered owner’s information, and insurance information.

If it is safe, obtain:

Full names of the other drivers
Phone numbers and addresses
Driver’s license information
Vehicle license plate numbers
Vehicle identification numbers when available
Insurance company names and policy information
Registered owner’s information if different from the driver
Names and contact information for witnesses
Names of passengers who may have observed the collision

Do not get into an argument about who caused the accident. You can cooperate with law enforcement and exchange the required information without making statements such as “The accident was completely my fault.”

Should You Take Pictures After a Car Accident?

Yes, if you can do so safely.

Photographs can help preserve evidence that may later become important. Consider photographing:

Damage to every involved vehicle
The overall accident scene
Vehicle positions, if they have not been moved
Traffic signals and signs
Lane markings
Road conditions
Skid marks or debris
Visible injuries
Nearby businesses or structures that may have surveillance cameras
Weather or visibility conditions when relevant

Take both close-up photographs and wider photographs showing the surrounding area.

If you are physically unable to document the scene because of your injuries, do not put yourself at additional risk. A passenger, witness, or another appropriate person may be able to help.

Do You Need to File an SR-1 After a California Car Accident?

Generally, yes, if the accident involved an injury, death, or more than $1,000 in property damage.

California DMV states that you, your insurance agent, broker, or legal representative must file an SR-1 within 10 days when anyone is injured or killed, or property damage exceeds $1,000. The requirement applies regardless of who caused the collision and even if the collision occurred on private property.

The SR-1 is not a substitute for a police report or an insurance claim. These are separate processes.

Because failing to meet DMV reporting requirements can have consequences for your driving privilege, make sure you understand whether the requirement applies to your collision.

What Should You Do About Medical Treatment After a Car Accident?

Seek medical evaluation when appropriate and follow your healthcare provider’s recommendations.

Medical documentation can be important for both your health and any future injury claim. Keep copies of:

Emergency-room records
Doctor and specialist records
Diagnostic imaging
Prescriptions
Physical therapy records
Medical bills
Receipts for related expenses
Work restrictions or disability documentation

Follow your treatment plan and tell your healthcare providers about symptoms that develop or change.

A gap in treatment does not automatically mean that an injury claim is invalid, but unexplained gaps can create questions about the nature and severity of an injury. If transportation, cost, scheduling, or another problem makes treatment difficult, discuss the issue with your healthcare provider and, where appropriate, your attorney.

What Evidence Is Important in a California Car Accident Claim?

Evidence should be preserved as soon as reasonably possible.

Potentially important evidence can include:

Accident-scene evidence

Photographs, videos, traffic-camera footage, vehicle damage, road conditions, and physical evidence may help establish what happened.

Witness information

Independent witnesses may have information that is not available from the drivers themselves. Record their contact information if possible.

Medical evidence

Medical records can help establish the nature of an injury, treatment received, prognosis, and related expenses.

Employment records

If an injury causes you to miss work or reduces your ability to work, documentation of missed time, wages, restrictions, or other employment-related losses may become relevant.

Insurance documents

Keep your insurance policy, declarations page, correspondence, claim numbers, estimates, and communications with insurance representatives.

Electronic evidence

Depending on the circumstances, potentially relevant evidence could include dashcam footage, cellphone photographs, vehicle data, surveillance video, or other electronically stored information.

Evidence can disappear. Surveillance systems may overwrite recordings, witnesses may become difficult to locate, and physical evidence may be repaired or discarded. If the circumstances suggest that important evidence may exist, consider addressing preservation promptly.

How Do Insurance Companies Handle Car Accident Claims?

After you report a collision, an insurance company may investigate the accident, communicate with the involved parties, review documents, evaluate vehicle damage, and assess claimed losses.

An insurance adjuster may ask for information about:

How the accident happened
Where and when it occurred
Your injuries
Medical treatment
Vehicle damage
Lost income
Insurance coverage
Witnesses
Other potentially relevant evidence

California Department of Insurance guidance explains that insurers may investigate a loss and may request written or recorded statements.

You should be truthful and cooperate with legitimate claim procedures. At the same time, an injured person should understand what they are being asked to provide before making statements or agreeing to a settlement.

Do not sign a release or settle an injury claim simply because an insurer offers money quickly. Once a claim is settled and a release is signed, it may be difficult or impossible to pursue additional compensation for the released claims.

If you are unsure about a proposed settlement, release, recorded statement, or other significant claim document, consider obtaining legal advice before signing.

What Compensation Can Be Available After a California Car Accident?

The damages available in a personal injury case depend on the facts and applicable law. Potential categories may include:

Economic damages

These are financial losses that can be documented, such as:

Reasonable medical expenses
Lost wages
Certain future medical expenses
Loss of earning capacity in appropriate cases
Other objectively verifiable financial losses

California law defines economic damages to include objectively verifiable monetary losses such as medical expenses and loss of earnings.

Non-economic damages

Depending on the circumstances, a claim may also involve non-economic losses such as:

Physical pain
Emotional distress
Inconvenience
Mental suffering
Loss of enjoyment or quality of life

California law recognizes non-economic damages as subjective, non-monetary losses, including pain, suffering, inconvenience, mental suffering, and emotional distress.

Not every injured person will have the same damages, and the value of a claim cannot responsibly be determined from the accident description alone.

What If Both Drivers Were Partly at Fault?

California recognizes comparative-fault principles. In practical terms, responsibility for an accident may sometimes be divided among multiple parties rather than being treated as an all-or-nothing question.

For example, suppose a driver is found to have been primarily responsible for a collision, but the injured person is also determined to have contributed to the accident. The amount of recoverable damages may be affected by the applicable comparative-fault rules.

California’s Department of Insurance also explains that multiple drivers can share responsibility and that comparative negligence assigns shares of responsibility.

The exact legal effect depends on the facts and claims involved, so an injured person should not assume that having some responsibility automatically eliminates every potential claim.

What If the Other Driver Has No Insurance?

Do not assume that an uninsured driver means you have no options.

California auto policies can include uninsured motorist (UM) and underinsured motorist (UIM) coverage. The California Department of Insurance explains that uninsured motorist bodily injury coverage can apply when an at-fault driver has no liability insurance, while underinsured motorist coverage can potentially apply when the at-fault driver’s insurance is insufficient.

Coverage depends on the policy and circumstances. Review your policy and obtain professional advice when necessary.

Hit-and-run collisions can raise additional issues, particularly when the responsible driver cannot be identified.

What Should You Do If You Were Injured in a Hit-and-Run?

If you are involved in a hit-and-run:

Get medical help if necessary.
Contact law enforcement.
Record everything you remember about the vehicle and driver.
Look for witnesses.
Photograph the scene and your vehicle.
Check for available surveillance or dashcam footage.
Notify your insurance company.
Review whether you have uninsured motorist coverage.

Do not attempt to chase or confront the fleeing driver. Your safety comes first.

What Should You Do If the Other Driver Says You Caused the Accident?

Remain calm and avoid arguing at the scene.

The other driver’s statement does not by itself establish legal liability. Liability may depend on photographs, witness testimony, traffic laws, physical evidence, vehicle damage, medical evidence, insurance investigation, and other facts.

Provide accurate information to law enforcement and your insurer, but avoid guessing about facts you do not know. Saying “I don’t know” is better than speculating about speed, distance, timing, or other details you cannot accurately remember.

What Are Common Mistakes to Avoid After a California Car Accident?

Several mistakes can make an already difficult situation more complicated.

Waiting too long to seek medical care

If you are injured, do not ignore symptoms simply because they initially appear manageable.

Failing to document the accident

Photographs, witness information, medical records, and other evidence may become important later.

Admitting fault at the scene

Avoid arguing about fault or making unnecessary statements about legal responsibility.

Posting about the accident on social media

Public posts, photographs, or comments can potentially be used to challenge an injury claim. Consider keeping accident-related information private while the claim is being evaluated.

Settling before understanding your injuries

Some injuries require ongoing treatment or have longer-term consequences. Consider the potential scope of your injuries before accepting a final settlement.

Ignoring the DMV reporting requirement

If the SR-1 requirement applies, the deadline is generally 10 days. The DMV specifically states that the report is required even when you were not at fault.

Assuming the police report decides the case

A police report can be important evidence, but civil liability is ultimately determined according to the applicable facts and law.

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

For many California personal injury claims, the general statute of limitations is two years from the date of injury under California Code of Civil Procedure section 335.1.

However, do not treat two years as a universal deadline for every accident claim.

Different rules can apply depending on the defendant, the type of claim, when the injury was discovered, and other circumstances. Claims involving a government entity can have substantially different and shorter claim requirements. California Courts specifically warns that statutes of limitation are fact-specific and that different deadlines can apply when suing a government agency.

If you have been injured, consult a California attorney promptly enough to determine the deadline that applies to your particular circumstances.

When Should You Speak With a Personal Injury Attorney?

You do not necessarily need an attorney for every minor property-damage collision. However, obtaining legal advice may be particularly appropriate when:

You suffered significant or persistent injuries.
You may need ongoing medical treatment.
The other driver disputes responsibility.
Multiple vehicles or parties were involved.
A commercial vehicle was involved.
A government entity may be involved.
The other driver was uninsured or underinsured.
Your ability to work has been affected.
The insurance company disputes your claim.
An insurer has offered a settlement you are unsure about.
You are being asked to provide a recorded statement or sign a release.
You are approaching a legal deadline.
The accident resulted in a fatality or catastrophic injury.

California Courts similarly notes that legal help can be especially important when injuries are severe or long-term, damages may be substantial, or responsibility is unclear.

Why Does California-Specific Legal Advice Matter?

A car accident in La Jolla, Hemet, Palm Springs, San Diego County, or elsewhere in Southern California may look similar on the surface, but the legal and insurance issues can vary significantly from one case to another.

Questions may include:

Who was legally responsible?
Did another driver violate a traffic law?
Was the driver working for an employer?
Was the vehicle owned by someone other than the driver?
Was the collision a hit-and-run?
Was there uninsured or underinsured motorist coverage?
Were there multiple potentially responsible parties?
Does a government entity have potential responsibility?
What damages can be documented?
What deadline applies?

These are case-specific questions. An attorney can review the facts and applicable California law rather than relying on assumptions based solely on what happened at the accident scene.

Frequently Asked Questions

What should I do immediately after a car accident in California?

Prioritize safety, call 911 when appropriate, obtain medical attention for injuries, exchange required information, document the scene if it is safe, identify witnesses, and notify your insurance company. California also requires an SR-1 DMV report within 10 days when an accident results in injury or death or more than $1,000 in property damage.

Do I have to report a car accident to the California DMV?

Generally, yes, when the collision results in an injury or death or property damage exceeding $1,000. The SR-1 must generally be submitted within 10 days. The requirement applies regardless of fault and is separate from a police report or insurance claim.

Should I talk to the other driver’s insurance company?

You may need to communicate with insurers as part of the claims process, but be careful about statements concerning fault, the extent of your injuries, and settlement. Insurance companies investigate claims and may request statements and documentation. If your injuries are significant or the claim is disputed, consider speaking with a personal injury attorney before making important decisions.

How long do I have to sue after a California car accident?

A common California deadline for a personal injury action is two years from the injury under Code of Civil Procedure section 335.1. However, exceptions and different deadlines may apply, including when a government entity is involved. The correct deadline depends on the facts, so consult a California attorney rather than relying solely on the general two-year rule.

What if I was partially responsible for the accident?

Being partly responsible does not necessarily answer every question about whether you can recover damages. California applies comparative-fault principles, which can affect how responsibility and damages are allocated. The effect depends on the facts, the parties involved, and the claims being made.

What if the other driver has no insurance?

Review your own policy for uninsured motorist and underinsured motorist coverage. These coverages may provide protection in qualifying circumstances when the at-fault driver has no insurance or insufficient insurance. Coverage depends on the specific policy and facts of the accident.

Can I still have a claim if I initially felt fine after the accident?

Possibly. Not every injury is immediately obvious, and symptoms can develop after a collision. If symptoms appear, seek appropriate medical evaluation and keep records of your treatment. Whether you have a legal claim depends on the circumstances, including causation, responsibility, damages, and applicable deadlines.

Should I hire a personal injury attorney after a car accident?

Not every accident requires an attorney. Legal advice may be particularly useful when injuries are serious, liability is disputed, multiple parties are involved, insurance coverage is complicated, a settlement is being offered, or an important deadline is approaching. California Courts identifies severe injuries, substantial damages, and unclear responsibility as circumstances in which legal assistance may be particularly important.

Conclusion: What to Do After a Car Accident in California

Knowing what to do after a car accident in California can help you protect your health, preserve important evidence, comply with reporting requirements, and make informed decisions about insurance and potential legal claims.

Start with safety and medical care. Document what happened when it is safe to do so. Exchange the required information, report the accident appropriately, notify your insurer, and preserve records relating to the collision and your injuries. If the accident caused significant injuries, the parties disagree about responsibility, insurance coverage is disputed, or you are concerned about a legal deadline, consider speaking with a California personal injury attorney.

The Law Offices of William R. Van Order serves clients in La Jolla, Hemet, Palm Springs, and throughout Southern California in personal injury matters. An attorney can evaluate the specific facts of an accident and explain the legal options that may be available under California law.

Attorney Disclaimer

This article is intended for general informational and educational purposes only. It is not legal advice and does not create an attorney-client relationship. California personal injury law can depend on the specific facts of an accident, the parties involved, insurance policies, applicable deadlines, and other circumstances. Information about statutes, reporting requirements, insurance coverage, and legal deadlines can change. For advice concerning a particular accident or injury, consult a qualified California attorney.