At the scene
If you are involved in a crash where someone is hurt, California requires you to stop immediately, give your name, address, driver’s license and registration information, and give reasonable help to anyone injured, including calling for medical help (Vehicle Code 20001 and 20003). If only property was damaged, you still have to stop and exchange information (Vehicle Code 20002).
Once everyone is safe, the most valuable thing you can do for a future claim is collect evidence while it still exists:
- Photos. Both vehicles from every side, license plates, the whole intersection or stretch of road, traffic signals and signs, skid marks, debris, and your visible injuries.
- The other driver’s information. Name, phone, address, license number, plate, and insurance company and policy number. A photo of the insurance card and license is fastest.
- Witnesses. Names and phone numbers. People leave within minutes.
- The officer. Name, badge number, agency, and the report number.
Do not apologize, guess about speed, or argue about fault. Stick to facts. Fault gets decided later, with evidence, and California’s comparative fault rule means even a partly-at-fault driver can usually still recover something.
The first 24 hours
See a doctor
Concussions, whiplash, and internal injuries often show up hours or days later. Get checked the same day or the next morning, and tell the doctor it was a car accident. Insurance companies look for gaps between the crash and your first visit and use them to argue you were not really hurt.
Make sure the crash is reported
If anyone was injured or killed, California requires the driver to make or cause to be made a written report to the California Highway Patrol, or to the city police if the crash happened inside a city, within 24 hours (Vehicle Code 20008). If an officer came to the scene and took a report, ask the agency whether anything else is needed from you.
Tell your own insurance company
Your auto policy almost certainly requires prompt notice of an accident and cooperation with your own insurer. Report the basic facts: when, where, and who was involved.
Days two and three
The other driver’s insurer will call
It is common for the at-fault driver’s adjuster to call within a day or two, sound friendly, and ask to record your “side of the story.” You are not legally required to give a recorded statement to the other driver’s insurance company. Anything you say, including “I’m fine,” can be used to reduce your claim. You can decline politely and refer them to your lawyer. Our guide to talking to the adjuster covers what to say.
Do not sign anything
Early settlement offers often arrive before anyone knows how serious your injuries are. Signing a release usually ends your injury claim permanently. Property damage for your car is usually handled separately, but read every document before you sign and ask a lawyer if you are unsure.
Start a folder
Keep medical records, bills, receipts for prescriptions and rides to appointments, repair estimates, and a short daily note on pain, sleep, and missed work. Stay off social media about the crash.
Within 10 days: the DMV SR-1
You must report the crash to the DMV on form SR-1 within 10 days if anyone was injured (however minor) or killed, or if property damage to any one person was more than $1,000 (Vehicle Code 16000). This is required even if the police took a report and regardless of who was at fault.
- NowAt the sceneStop, help anyone hurt, exchange information, photograph everything.
- 24 hoursDoctor and reportSee a doctor. If anyone was hurt, a written report goes to the CHP or police (Vehicle Code 20008).
- 10 daysDMV SR-1Required if anyone was injured, or damage to any one person was over $1,000 (Vehicle Code 16000).
- 6 monthsGovernment claimIf a city, county, state, or transit agency is involved (Gov. Code 911.2).
- 2 yearsLawsuit deadlineFor most personal injury cases (Code of Civil Procedure 335.1).
Deadlines to keep in mind
- 2 years from the injury to file a personal injury lawsuit in most cases (Code of Civil Procedure 335.1).
- 6 months to file a claim if a government vehicle, bus, or dangerous road condition was involved (Government Code 911.2). See our government claims guide.
- 2 years for an uninsured motorist claim against your own insurer: you must sue the driver, reach agreement with your insurer, or formally start arbitration (Insurance Code 11580.2(i)).