What to do after a car accident in California starts with legal duties: stop, help anyone who is hurt, and exchange driver and vehicle information under California Vehicle Code §§ 20001 and 20003. Within 10 days, file an SR-1 report with the DMV if anyone was injured or property damage tops $1,000. Then protect your claim by getting medical care, documenting the scene, and tracking the two-year deadline for injury lawsuits.
By James Eashoo, Founder, Eashoo Law, PC
California roads are busy and crashes are common. According to the National Highway Traffic Safety Administration's Fatality Analysis Reporting System, 3,876 people died in California traffic crashes in 2024, down from 4,169 in 2023. Eashoo Law, PC represents injured people from offices in Beverly Hills and Studio City, and the steps below are the ones Eashoo Law, PC walks clients through after a collision.
What California law requires you to do at the scene of a car accident
California law requires every driver involved in an injury crash to stop, stay, share information, and help the injured. These duties apply whether or not you caused the crash. Leaving early can turn a civil insurance matter into a criminal case.
| Situation | What the law requires | Source |
|---|---|---|
| Anyone is injured or killed | Stop immediately at the scene and complete the information and aid duties | Veh. Code § 20001 |
| Anyone is injured or killed | Give your name, address, registration number, and the owner's name and address; show your license if asked; give reasonable help, including arranging transport to medical care | Veh. Code § 20003 |
| Anyone is injured or killed and no officer takes a report | Make a written report to the CHP or city police within 24 hours | Veh. Code § 20008 |
| Injury, death, or more than $1,000 in property damage | File an SR-1 report with the DMV within 10 days | California DMV |
Under California Vehicle Code § 20001, a driver who leaves the scene of a crash that injures another person can be sentenced to up to one year in jail or state prison and fined $1,000 to $10,000. When the crash causes death or permanent, serious injury, the statute allows two, three, or four years in state prison.
Do you have to call the police after a California car accident?
California does not require a 911 call for every fender-bender, but a police or CHP report is the strongest early record of an injury crash. If no officer writes a report, Vehicle Code § 20008 requires each driver in an injury or fatal crash to file a written report with the CHP or city police within 24 hours. Ask the responding officer for the report number before you leave.
What to do after a car accident in California: the first 24 hours
The first day after a California car crash sets up the evidence for every later insurance claim. Work through the steps below in order, skipping any that would put you at risk.
- Move to safety. Turn on hazard lights and move out of traffic if the vehicles can be driven.
- Call 911 if anyone is hurt. Paramedics create a medical record, and officers create a crash report.
- Exchange information. Get each driver's name, address, license number, plate, and insurance company and policy number.
- Photograph everything. Capture vehicle damage, plates, skid marks, traffic signals, road conditions, and visible injuries.
- Find witnesses. Ask for names and phone numbers before people leave.
- Get medical care the same day. Concussions, whiplash, and internal injuries often show symptoms hours later.
- Tell your own insurer. Report the facts of the crash, and avoid guessing about fault or injuries.
Medical timing matters to insurers. A gap of days or weeks between a crash and the first doctor visit is one of the most common reasons an insurance adjuster questions whether the crash caused an injury.
California requires an SR-1 report to the DMV within 10 days
California drivers must report a crash to the DMV on Form SR-1 within 10 days when anyone is injured or killed or property damage exceeds $1,000. The SR-1 is separate from any police report. Each driver must file one, regardless of who was at fault.
According to the California DMV, a driver who does not file a required SR-1 report can have their driving privilege suspended. The DMV also uses the SR-1 to confirm that each driver carried the insurance California's financial responsibility laws require, which makes the report an early checkpoint in any injury claim that follows.
California gives you two years to file most car accident injury lawsuits
California Code of Civil Procedure § 335.1 sets a two-year deadline to file a lawsuit for personal injury or wrongful death caused by another person's negligence. Claims for vehicle and other property damage have three years under Code of Civil Procedure § 338. Claims against a city, county, or state agency move much faster.
| Type of claim | Deadline | Source |
|---|---|---|
| Personal injury or wrongful death lawsuit | 2 years | Code Civ. Proc. § 335.1 |
| Vehicle or other property damage lawsuit | 3 years | Code Civ. Proc. § 338 |
| Injury claim against a public entity (for example, a city bus or a road defect) | 6 months to present a written claim | Gov. Code § 911.2 |
| DMV SR-1 crash report | 10 days | California DMV |
Under California Government Code § 911.2, a person injured by a public entity, such as a city bus driver or a dangerous road condition, must present a written claim to that entity within six months of the injury. Missing the six-month window can bar the claim before a lawsuit is ever filed, so government-vehicle crashes need early attention.
How insurance pays for car accident injuries in California
California is an at-fault state, so the at-fault driver's liability insurance is the first source of payment for the other driver's injuries. Since January 1, 2025, the minimum liability policy in California is $30,000 per person, $60,000 per accident for injuries, and $15,000 for property damage. Serious injuries often cost more than those limits.
According to the California Department of Insurance, Senate Bill 1107 doubled the injury minimums from $15,000 and $30,000 to $30,000 and $60,000 for policies issued or renewed starting January 1, 2025. Property damage coverage rose from $5,000 to $15,000. The minimums are scheduled to rise again, to $50,000, $100,000, and $25,000, in 2035.
"Consumers expect to be made whole by their insurance after a traffic accident, but I believe the current minimum coverage levels often left California's drivers at risk of being one accident away from financial ruin, especially those from our most vulnerable communities."
— Ricardo Lara, California Insurance Commissioner, Bulletin 2023-1 on SB 1107
What if the other driver has no insurance?
Uninsured motorist (UM) coverage on your own policy can pay for your injuries when the at-fault driver has no insurance or flees the scene. The Insurance Research Council estimated that 20.4% of California drivers were uninsured in 2023, roughly one in five, as reported by the Insurance Information Institute. Check your declarations page for UM limits before you need them.
Can an uninsured driver recover pain and suffering in California?
Usually not. Under California Civil Code § 3333.4, added by Proposition 213 in 1996, an injured driver who was uninsured at the time of the crash generally cannot recover non-economic damages such as pain and suffering. The same rule applies to a driver convicted of DUI for the crash. Medical bills and lost wages remain recoverable.
California uses pure comparative fault after a car accident
California's pure comparative fault rule lets an injured person recover damages even when they share blame for the crash. A court or insurer reduces the award by the injured person's percentage of fault. A driver found 30% at fault can still recover 70% of their damages.
The California Supreme Court adopted pure comparative negligence in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, a case that arose from a crash at Alvarado and Third Streets in Los Angeles. The court held that a plaintiff's own negligence does not bar recovery, and that damages are reduced in proportion to the plaintiff's share of fault.
Insurance adjusters use comparative fault to lower payouts. An adjuster who assigns you even 10% or 20% of the blame reduces the value of the claim by that share, which is why photos, witness names, and the crash report matter.
Mistakes that can weaken a California car accident claim
Most damage to a California car accident claim happens in the first few weeks, before an injured person talks to a lawyer. Avoiding a handful of common mistakes protects both the evidence and the value of the claim.
- Apologizing or guessing about fault at the scene. Statements such as "I didn't see you" can be quoted back to you.
- Skipping or delaying medical care. Treatment gaps give insurers a reason to argue the injury came from something else.
- Giving a recorded statement to the other driver's insurer. You are not required to give one, and early statements are often incomplete.
- Posting about the crash on social media. Insurers review public posts and photos.
- Signing a release before treatment ends. A signed release usually ends the claim, even if new symptoms appear later.
Talk with Eashoo Law, PC about your California car accident
Eashoo Law, PC handles car accident and other personal injury cases for people hurt across California, from Los Angeles County to the Inland Empire, including car accidents in Riverside. Founder James Eashoo is licensed in California, and attorney Rochelle Rodriguez speaks Spanish. Read more about the Eashoo Law team or see the California communities we serve.
Call (877) 800-3826 or send a message through our contact page for a free consultation about your crash.
Frequently asked questions about car accidents in California
How long do I have to report a car accident to the DMV in California?
California drivers have 10 days to file Form SR-1 with the DMV when a crash injures or kills anyone or causes more than $1,000 in property damage. Each driver must file, regardless of fault. A driver who fails to file can have their license suspended.
Is California a no-fault state for car accidents?
No. California is an at-fault state, so the driver who caused the crash, and that driver's liability insurer, pays for the other people's injuries and property damage. Injured people can also use their own coverage, such as medical payments or uninsured motorist coverage, when the at-fault driver's policy is too small.
How long do I have to file a car accident lawsuit in California?
Most California car accident injury lawsuits must be filed within two years of the crash under Code of Civil Procedure § 335.1. Property damage lawsuits have three years under § 338. Claims against a government agency require a written claim within six months under Government Code § 911.2.
Should I see a doctor after a minor car accident in California?
Yes. Seeing a doctor the same day or the next day creates a medical record that links your injuries to the crash. Whiplash, concussions, and internal injuries often appear hours or days later, and insurers treat long gaps in care as a reason to dispute a claim.
Can I recover damages if I was partly at fault for a California crash?
Yes. California follows pure comparative fault under Li v. Yellow Cab Co. (1975), so an injured person can recover even when partly at fault. The recovery is reduced by that person's percentage of fault, so a driver found 25% at fault can recover 75% of their damages.
What is the minimum car insurance in California in 2026?
California's minimum liability coverage is $30,000 per person and $60,000 per accident for injuries, plus $15,000 for property damage. Senate Bill 1107 set those limits for policies issued or renewed on or after January 1, 2025. The minimums rise to $50,000, $100,000, and $25,000 in 2035.
Eashoo Law, PC. Attorney responsible for this content: James Eashoo, licensed in California. Offices in Beverly Hills and Studio City, California. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.