What to Do After a Car Accident in California

Legal Guides · Updated October 2026

What should you do after a car accident in California? The steps you take in the first hours and days can protect your health and your ability to recover compensation. Here is a clear checklist, along with the California rules on reporting, insurance, fault and deadlines.

On this page: At the scene · Days after · Insurance · Fault · Deadlines · When to call a lawyer · FAQ

At the Scene

1. Stop and check for injuries. California law requires drivers involved in a collision to stop. Leaving the scene of a crash that injures someone is a serious crime. If anyone may be hurt, call 911.
2. Move to safety if you can. If the vehicles are drivable and no one is seriously hurt, move out of traffic and turn on your hazard lights.
3. Call the police. The California Highway Patrol handles crashes on freeways and unincorporated roads; city police handle most crashes on city streets. A police report is valuable evidence, especially when fault is disputed.
4. Exchange information. Get the other driver’s name, address, driver’s license number, vehicle registration and insurance information. California law requires drivers to exchange this information.
5. Document everything. Take photos of all vehicles, their positions, skid marks, debris, traffic signals and signs, road conditions and your injuries. Photograph the other driver’s license and insurance card.
6. Talk to witnesses. Get names and phone numbers. Independent witnesses are often the most persuasive evidence in a disputed crash.
7. Be careful what you say. Be polite, but do not apologize or speculate about fault. Statements made at the scene can be used later.

In the Days After the Crash

Get medical care, even if you feel fine

Adrenaline masks pain. Concussions, whiplash, spinal injuries and internal injuries often do not show symptoms for hours or days. Seeing a doctor promptly protects your health and creates a medical record linking your injuries to the crash. Gaps in treatment are one of the first things insurance companies use to argue that an injury is not serious.

Report the crash to the DMV

Each driver must file an SR-1 report with the California DMV within 10 days if anyone was injured or killed, or if property damage was more than $1,000. This is separate from any police report. Failing to file can lead to suspension of your license.

Notify your own insurance company

Your policy requires you to report the accident promptly. Stick to the basic facts: when, where and who was involved.

Do not give a recorded statement to the other driver’s insurer

The other driver’s adjuster may call quickly, sound friendly and ask to record your account. You are not required to give the at-fault driver’s insurer a recorded statement, and it is usually wise to speak with a lawyer first.

Keep records

Keep a folder of medical bills, receipts, repair estimates, rental car costs and a log of missed work. A short daily journal of your pain and limitations can also be useful.

Stay off social media

Insurance companies look at social media. A photo of you smiling at a family event can be used to argue you are not really hurt. Consider pausing posts until your claim is resolved.

How Insurance Works After a California Crash

California is an at-fault state. The driver who caused the crash, and that driver’s insurer, are responsible for the damage. Since January 1, 2025, California’s minimum liability coverage is $30,000 per person and $60,000 per accident for bodily injury, and $15,000 for property damage. Those minimums are often not enough to cover a serious injury.

When the at-fault driver has no insurance or too little, your own uninsured/underinsured motorist (UM/UIM) coverage may pay. Your medical payments (MedPay) coverage or health insurance may pay medical bills while the case is pending, and may need to be reimbursed from any recovery.

One important rule: under Proposition 213, a driver who was uninsured at the time of the crash generally cannot recover non-economic damages, such as pain and suffering, from the at-fault driver, with limited exceptions. If you drive, keep your insurance current.

What If I Was Partly at Fault?

California follows pure comparative fault. You can still recover compensation even if you were partly responsible, and your recovery is reduced by your percentage of fault. For example, if you were 20 percent at fault, you can recover 80 percent of your damages. Insurers often try to shift blame onto injured people, so do not accept their fault assessment without advice.

Deadlines to File a Claim

• Personal injury: generally two years from the date of the accident.
• Property damage only: generally three years.
• Government vehicles or dangerous roads: a formal government claim must usually be filed within six months.

Waiting until the deadline is risky. Evidence such as video footage, vehicle data and witness memories disappears quickly.

When to Call a Lawyer

You may not need a lawyer for a minor fender-bender with no injuries. You should talk to one if you were injured, if fault is disputed, if a commercial truck, rideshare driver or government vehicle was involved, or if the insurer is pressuring you to settle quickly. Smith Trial Group handles car accident cases on contingency, which means no fee unless we recover. Our auto accident results include a $10 million jury verdict and a $1.7 million jury verdict; every case is different and results depend on the facts.

Related: truck accidents, Uber and Lyft accidents, hit-and-run and uninsured motorist claims, and our guide How Much Is My Personal Injury Case Worth?

Frequently Asked Questions

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

Yes, if anyone was injured or killed, or property damage exceeded $1,000. Each driver must file an SR-1 report with the DMV within 10 days, even if the police also made a report.

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

You can give basic information, but you do not have to give the other driver’s insurer a recorded statement. Their goal is to limit what they pay, so it is wise to speak with a lawyer first.

How long do I have to file a car accident claim in California?

Generally two years from the accident for personal injury and three years for property damage. Claims involving a government entity usually require a government claim within six months.

What if the other driver has no insurance?

Your own uninsured motorist coverage may pay for your injuries. If you were in a hit-and-run, the same coverage may apply. See our hit-and-run and uninsured motorist page.

How much does a car accident lawyer cost?

Smith Trial Group handles car accident cases on a contingency fee. You pay no attorney fee unless we recover compensation for you, and the consultation is free.

This guide provides general information about California law as of October 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Every situation depends on its facts, so speak with a lawyer about yours.