What To Do After A Car Accident In California
After a car accident in California, do six things before you leave the scene: get to safety, call 911, photograph everything, trade information with the other driver, collect witness names, and say nothing about who caused it. Then see a doctor the same day, even if you feel fine. Two facts change how the rest plays out. The other driver’s insurer usually opens its file within a day or two. And some California deadlines start running the moment of impact, with the shortest expiring in six months. What you do in the first hour, and the first week, decides how much bargaining power you have when it’s time to talk money.
What should you do immediately after a car accident? Move to safety, call 911, and document the scene with photos and video. Exchange license, insurance, and contact details with the other driver and any witnesses. Get medical care the same day. Report the crash the way California law requires, and don’t discuss fault with anyone but the police.
One idea ties this guide together: every step below is also evidence in a personal injury claim. It either strengthens your case or hands the other insurer a reason to pay you less. Our firm has also worked on the insurance side of these claims, which shapes how we read them.
Start with safety, 911, and silence on fault
Check for injuries first, move to safety, and call 911 before anything else. If the cars are drivable, get them out of traffic and turn on your hazards. Then call the police. In California you’re required to report a crash that hurts or kills someone, and if no officer comes to the scene, you have to make a written report to the CHP or local police within 24 hours under Vehicle Code 20008. Ask the responding officer for the report number before they leave.
Two phrases to avoid at the scene: “I’m fine” and “I’m sorry.” You don’t yet know whether you’re hurt, and an adjuster will read that first line back to you months later. A reflexive apology becomes an admission in the file. Be polite, cooperate with the police, and save your account of who caused the crash for the investigators.
Exchange information and document everything
Trade names, phone numbers, driver’s license numbers, plate numbers, and insurance details (company, policyholder, and policy number) with every driver involved. Photograph the other driver’s insurance card and plate instead of copying them by hand, because numbers get transposed when your hands are shaking.
Then document the scene as if the person who will dispute it is watching, because they are. Shoot all vehicles from several angles, close-ups of the damage, the resting position of the cars before anyone moves them, skid marks, traffic signals, road conditions, and any visible injuries. Get names and numbers for every witness before they drive off. A neutral bystander who saw the other driver run the red light is worth more than any argument you can make later, and witnesses scatter within minutes.
See a doctor the same day, even if you feel fine
Get checked the same day, because adrenaline hides injuries. According to the Cleveland Clinic, whiplash pain often doesn’t set in for 24 to 72 hours, and the same snap of the head that strains your neck can bruise your brain and produce concussion symptoms days later. An estimated 2.42 million people were injured in U.S. crashes in 2024, and soft-tissue and head injuries make up a large share because they hide at the scene.
There’s a claim reason too. A gap between the crash and your first medical visit is the first thing the other insurer looks for. Carriers read a delay as proof you weren’t really hurt, and their claims software discounts the value when it sees one. Get seen same-day, follow the treatment plan without long gaps, and keep every bill and record. That protects your health and your case at the same time.
The California car accident deadlines that quietly end claims in 2026
California gives you two years to sue, but shorter clocks can end your claim long before that. The two-year window comes from Code of Civil Procedure 335.1. You also have to file an SR-1 with the DMV within 10 days of any crash that injures someone or causes more than $1,000 in damage. And if a government vehicle or a public road defect played a part, a separate six-month clock starts immediately.
| Deadline | What it covers | How long you have |
|---|---|---|
| Police report (VC 20008) | Injury or fatal crash, if no officer responded | 24 hours |
| DMV SR-1 form | Any injury, death, or property damage over $1,000 | 10 days |
| Government claim | A public bus, agency vehicle, or government road crew was involved | 6 months |
| Lawsuit (CCP 335.1) | Standard injury claim | 2 years |
The six-month government-claim deadline is the one that catches people. A pedestrian hit by a city bus in Beverly Hills doesn’t have two years; they have 180 days to file a formal claim, and missing it usually ends the case. If a public vehicle or a dangerous road contributed to your crash, treat the clock as six months, not two years, and move fast.
Should you talk to the other driver’s insurer?
Report the crash to your own insurer promptly, but don’t give the other driver’s insurer a recorded statement. You’re not required to, and your words can be used to cut or deny your claim. The adjuster who calls is friendly for a reason. Their job is to close your file for as little as possible, and the recorded statement is where they collect the quotes that later make you sound at fault or barely hurt.
A few more moves from the same playbook. Don’t sign a blanket medical authorization, because it lets the carrier comb your whole history for a pre-existing condition to pin your symptoms on. Don’t take the first fast offer, which usually arrives before you know how injured you are. And stay off social media, since one photo of you smiling at a party turns into “the plaintiff appeared active and uninjured.” When the other insurer calls, take the carrier name and claim number, then say your attorney will follow up.
What if you were partly at fault?
You can still recover in California even if part of the crash was your fault. This is where adjusters bluff hardest, telling people that any fault at all ends the claim. It doesn’t. California uses a pure comparative negligence rule, so your compensation drops by your share of fault instead of vanishing. Say your damages come to $200,000 and a jury finds you 25 percent responsible. You’d still recover $150,000, not zero. Partial fault lowers a claim; it rarely kills one. Don’t talk yourself out of a case because the other side told you to.
When the other driver is uninsured or underinsured
You may still have coverage through your own policy, and most people don’t know it. As of January 2025, California’s minimum liability limits rose to 30/60/15 under Senate Bill 1107. That means the driver who hit you might carry only $30,000 for injuries to one person and $15,000 for your vehicle, which can fall short after a serious crash. When the at-fault driver is uninsured or underinsured, your own uninsured and underinsured motorist coverage fills the gap, and California insurers have to offer it, so you may already carry it. If you have medical payments coverage on your policy, it pays medical bills no matter who caused the crash. Pull your declarations page before you assume the other driver’s minimum policy is all that’s available.
Do you actually need a lawyer after a minor crash?
Not always, and any straight-talking firm will say so. If nobody’s hurt, the damage is minor, and fault is clear, you can usually handle it through insurance on your own. Call an attorney when there’s an injury, when fault is disputed, when a commercial truck or a government vehicle is involved, or when the offer doesn’t come near your bills. Most California injury attorneys work on contingency, which means no fee unless they win, and a first consultation is free. We push people to call before that recorded statement for one reason: the early mistakes are the ones nobody can undo later.
The rules also shift with how you were hurt. Coverage and deadlines work differently if you were riding in an Uber or Lyft, walking when a car hit you, or driving for work when the crash happened. A short call sorts out which rules apply to you.
The one thing to take away
If you remember nothing else: get checked by a doctor the same day, and don’t give the other insurer a recorded statement until you’ve talked to a lawyer. Those two moves protect your health and your case more than anything else on this list. And if a public bus, a government vehicle, or a public road hazard was any part of it, start the clock at six months, not two years.
Alpha Law PC handles California car accident claims from our Beverly Hills office, and our background on the insurance side shapes how we build yours. Call (323) 515-3666 for a free case review.
Frequently asked questions
Is California a no-fault state after a car accident?
No. California is an at-fault (tort) state, so after a car accident you generally file against the driver who caused the crash, not your own insurer. Your own coverage still matters for medical payments and uninsured-motorist gaps.
How long do I have to file a car accident claim in California?
Two years from the date of the crash under Code of Civil Procedure 335.1. The window shrinks to six months if a government entity was involved, such as a public bus or a public road defect, so those cases need fast action.
Do I have to report a car accident to the DMV in California?
Yes. You must file an SR-1 form with the DMV within 10 days if anyone was injured or killed or the property damage tops $1,000. That is separate from any police report and from your insurance claim.
Should I see a doctor if I feel fine after a crash?
Yes. Adrenaline masks injuries at the scene, and whiplash and concussion symptoms often appear 24 to 72 hours later. A same-day visit protects your health and closes the treatment gap that insurers use to lower a claim.
Should I give the other driver’s insurance company a recorded statement?
No. You are not required to, and your words can be used to reduce or deny your claim. Take the carrier name and claim number, then let your attorney handle the call.
Can I still get money if I was partly at fault?
Yes. California uses pure comparative negligence, so your recovery is reduced by your percentage of fault instead of barred. If you are found 25 percent at fault on a $200,000 claim, you recover $150,000.
Disclaimer: The information on this blog is provided by Alpha Law PC for general educational purposes only and is not legal advice. Reading these articles or contacting us through this site does not create an attorney-client relationship, and you should not act on anything here without speaking to a lawyer about your specific situation. Every case turns on its own facts, and laws change over time. Alpha Law PC’s attorneys are licensed in California, and this content reflects California law as of the date each article was published or last updated. Past results do not guarantee a similar outcome, and nothing here is a promise or prediction about your case. This blog is attorney advertising. If you need legal help, call (323) 515-3666 for a free consultation.
