What to Do After a Car Accident in California: Your Complete Checklist

QUICK SUMMARY — After an accident in California:

1. Check for injuries and call 911

2. Move to safety (California’s “move it” law)

3. Exchange information with the other driver — do not admit fault

4. Document the scene thoroughly

5. File SR-1 with California DMV within 10 days ($1,000+ damage)

6. Notify your insurance company

7. Seek medical attention within 72 hours

8. Consult an attorney if injuries are significant

California has roughly 485,000 car accidents per year — the second highest in the nation after Texas. If you have just been in a crash, here is exactly what to do, step by step.

Step 1 — Check for Injuries and Call 911

Your first and only priority is the safety of every person at the scene.

Check yourself and all passengers for injuries
Call 911 immediately if anyone is hurt or if there is any uncertainty about the severity of injuries
Do not attempt to move anyone who is seriously injured unless there is an immediate danger such as fire, leaking fuel, or oncoming traffic
California law (CVC 20001) requires you to stop at the scene and provide reasonable assistance to anyone who is injured
Stay on the line with the 911 dispatcher and follow their instructions
Note the exact time of the call — this creates a timestamp in the official record

Even for minor fender-benders, calling 911 is recommended. The responding officer will create a Traffic Collision Report (CHP 555 or equivalent local form), which is the most important single document in the claims process.

Hit and run is a serious criminal offense in California. Leaving the scene of an accident involving injury is a felony (CVC 20001), carrying potential prison time. Even leaving a property-damage-only accident is a misdemeanor (CVC 20002).

Step 2 — Move to Safety

California has a “move it” law (CVC 21718) that encourages drivers to move vehicles out of traffic lanes when:

No one is seriously injured
The vehicles are drivable

What to do:

Move vehicles to the shoulder, a parking lot, or a nearby safe area off the roadway
Turn on hazard lights immediately
If vehicles cannot be moved, stay inside with seatbelts fastened and hazard lights on
Set up flares or reflective triangles if available, especially on freeways and highways
Stay out of active traffic lanes — California freeways like I-5, I-405, I-10, US-101, and I-80 carry extremely high traffic volumes, making secondary crashes at accident scenes a significant danger

If you are on a freeway, try to move to the right shoulder. If that is not possible, the center median may be safer than remaining in a travel lane.

Step 3 — Exchange Information

Once everyone is safe, collect the following from every other driver involved.

From each driver:

Full name, address, and phone number
Driver’s license number and state of issuance
Insurance company name and policy number
License plate number
Vehicle make, model, year, and color

From witnesses:

Names, phone numbers, and a brief description of what they observed
Ask if they are willing to provide a written or recorded statement

From the responding officer:

Name, badge number, and department
Report number (you will need this to obtain the collision report later)

Do not admit fault. Do not say “I’m sorry,” “It was my fault,” or “I didn’t see you.” While California’s pure comparative negligence system allows recovery even if you are partially at fault, admissions of fault can still increase your assigned fault percentage and reduce your recovery proportionally. Stick to factual statements only.

Step 4 — Document Everything

California’s pure comparative negligence system means your recovery is reduced by your fault percentage — so every piece of evidence that shifts fault away from you directly increases your compensation.

Photograph and video:

All vehicle damage from multiple angles (close-up and wide shots from every side)
The overall accident scene showing vehicle positions, lanes, and intersections
Road conditions: potholes, faded lane markings, construction zones, wet pavement
Traffic signs, signals, stop lines, yield signs, and lane markings
Skid marks, debris, broken glass, and fluid leaks on the pavement
All license plates of involved vehicles
Weather and lighting conditions (fog is a common factor in Central Valley and coastal crashes)
Any visible injuries (bruises, cuts, swelling, torn clothing)

Write down:

Exact time, date, and location (cross streets, freeway name and mile marker, nearest exit)
Your detailed chronological account of the accident
Direction and approximate speed of each vehicle
Traffic density and road conditions
Names of nearby businesses, buildings, or intersections that might have surveillance cameras

Preserve dashcam footage immediately. If you have a dashcam or Tesla Sentry Mode, save the footage before it is overwritten. Dashcam video is often the single most compelling piece of evidence in disputed California accident cases.

Step 5 — File Reports

Police Report

Call the police at the scene if there are injuries. Even for minor property-damage accidents, a police report provides independent documentation that strengthens your claim.

California DMV — SR-1 Report

You must file an SR-1 form with the California DMV within 10 days if:

Anyone was injured or killed, OR
Property damage exceeds $1,000

How to File

File online through the California DMV website (dmv.ca.gov)
You can also file by mail using a printed SR-1 form
Provide all required information about the accident, parties, vehicles, and insurance

Critical Details About the SR-1

The SR-1 is separate from the police report. You must file it even if police responded at the scene
Failure to file can result in suspension of your driver’s license (CVC 16004)
Both drivers are required to file — do not assume the other driver will handle it
The 10-day deadline starts on the date of the accident, not the date you discover the damage exceeds $1,000

Government Claims — Special Deadline

If a government vehicle was involved (Caltrans, CHP, city vehicle, public transit), you must file a government claim within 6 months of the accident. This is significantly shorter than the standard statute of limitations and is a strict deadline under the California Government Code.

Step 6 — Notify Your Insurance Company

Contact your insurance company as soon as possible — ideally within 24 to 48 hours.

When speaking with your insurer:

Stick to the factual details of what happened
Do not speculate about fault or exaggerate any injuries
Provide the police report number and SR-1 confirmation
Report all vehicle damage and injuries accurately

California is a fault state with pure comparative negligence (established by *Li v. Yellow Cab Co.*, 1975). This means:

The at-fault driver is responsible for damages
You can recover damages even if you were partially at fault
Your recovery is reduced by your exact fault percentage
There is no threshold — even at 99% fault, you can recover 1% of your damages

Three Ways to Pursue Compensation

File a third-party claim with the at-fault driver’s insurance
File with your own insurance (collision for vehicle, MedPay for medical) and let your insurer seek reimbursement through subrogation
File a personal injury lawsuit if a fair settlement cannot be reached

Important Coverage Types in California

Liability coverage (30/60/15 minimum as of 2025): Pays for damages you cause to others
Collision coverage (optional): Pays for your vehicle repairs regardless of fault
UM/UIM coverage (required to be offered; you must reject in writing): Protects you if the at-fault driver is uninsured or underinsured. California has one of the highest uninsured driver rates in the nation
MedPay (optional): Covers your medical expenses regardless of fault

Do not give a recorded statement to the other driver’s insurance company without first understanding your rights. Their adjuster’s goal is to minimize the payout and to assign you a higher fault percentage.

Step 7 — Seek Medical Attention

See a doctor within 72 hours of the accident, even if you feel fine immediately after the crash.

Common delayed-symptom injuries from car accidents:

Whiplash: Neck and shoulder pain may not appear for 24-48 hours
Concussions and traumatic brain injuries: Headaches, confusion, dizziness, and memory issues can develop gradually
Internal bleeding: May show no external signs but can be life-threatening
Herniated discs: Back pain frequently worsens over days or weeks
Soft tissue injuries: Muscle tears, ligament sprains, and tendon damage may be masked by adrenaline

Why immediate medical care matters for your California claim:

Medical records create a documented link between the accident and your injuries
Insurance companies argue that delayed treatment means the injuries either were not caused by the accident or were not serious
Under pure comparative negligence, your damages must be clearly established — medical documentation is the foundation
Continuous treatment demonstrates the severity and ongoing nature of your injuries
California juries rely heavily on medical evidence when awarding damages

Visit an emergency room, urgent care, or your primary care physician. Follow all recommended treatment plans and maintain a complete file of every medical record, bill, imaging report, prescription, and therapy session.

Your Rights Under California Law

Fault System

California is a fault state. The driver who caused the accident is responsible for paying damages. There is no PIP requirement.

Pure Comparative Negligence

Under the rule established in *Li v. Yellow Cab Co.* (1975), California follows pure comparative negligence:

You can recover damages even if you are 99% at fault
Your recovery is reduced by your exact fault percentage
There is no threshold that bars recovery

This is the most plaintiff-friendly fault system in the country. Unlike Texas, Florida, Ohio, Georgia, and Illinois (which all use modified comparative fault with a bar), California never completely bars recovery based on fault percentage alone.

Example: If your damages total $100,000 and you are found 70% at fault, you recover $30,000. In most other states with a modified bar, you would recover nothing.

Statute of Limitations

Personal injury: 2 years from the date of the accident (CCP 335.1)
Property damage: 3 years (CCP 338)
Wrongful death: 2 years from the date of death
Government entity claims: 6 months (California Government Code)

The 6-month government claim deadline is critical and commonly missed.

Minimum Insurance Requirements (Updated 2025)

California significantly increased minimum coverage effective January 1, 2025 under the Protect California Drivers Act (SB 1107):

Coverage	Old Minimum (pre-2025)	New Minimum (2025+)
Bodily Injury per Person	$15,000	$30,000
Bodily Injury per Accident	$30,000	$60,000
Property Damage	$5,000	$15,000

This was one of the largest minimum coverage increases in California history. The old $5,000 property damage minimum had been unchanged for decades and was widely considered inadequate.

Uninsured Motorist Coverage

California has one of the highest uninsured driver rates in the US. Insurers are required to offer UM/UIM coverage, and you must specifically reject it in writing if you do not want it. Given the uninsured driver rate, UM/UIM coverage is strongly recommended.

Common Mistakes to Avoid After a California Car Accident

Forgetting the SR-1 — You have 10 days to file with the DMV. Failure to file can result in license suspension
Admitting fault at the scene — While California’s pure comparative system allows recovery at any fault level, admissions increase your fault percentage and reduce your compensation
Missing the 6-month government claim deadline — If a government vehicle was involved, this deadline is far shorter than the 2-year general SOL
Skipping or delaying medical treatment — Gaps in treatment weaken your documented injury claim
Posting about the accident on social media — Insurance adjusters review social media to find evidence that undermines your claim
Accepting the first settlement offer — Initial offers are typically well below the claim’s actual value
Not carrying UM/UIM coverage — California’s high uninsured driver rate makes this coverage essential
Giving a recorded statement to the other driver’s insurer — You are not required to, and it is commonly used to assign you higher fault
Not filing both the police report and the SR-1 — These are separate filings. Many people assume one covers the other
Waiting too long to consult an attorney — The 2-year PI statute of limitations can pass quickly, and evidence degrades over time

Frequently Asked Questions

Do I have to file an SR-1 with the California DMV?

Yes, within 10 days if anyone was injured or killed, or if property damage exceeds $1,000. The SR-1 is separate from the police report. You must file even if police responded at the scene. Failure to file can result in license suspension.

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

2 years for personal injury (CCP 335.1), 3 years for property damage (CCP 338). Claims against government entities have a much shorter deadline of only 6 months. Missing any of these deadlines permanently bars your claim.

What if I was partly at fault?

California uses pure comparative negligence — the most plaintiff-friendly system in the country. You can recover damages even if you were 99% at fault. Your recovery is reduced by your exact fault percentage. Unlike states with a modified bar (Texas, Florida, Ohio, Georgia, Illinois), California never completely bars recovery based on fault.

What are California’s minimum insurance requirements in 2026?

As of January 1, 2025: 30/60/15 — $30,000 per person bodily injury, $60,000 per accident bodily injury, $15,000 property damage. This was increased from 15/30/5 under the Protect California Drivers Act (SB 1107). These are the minimums — many drivers carry higher limits.

Does California require PIP insurance?

No. California is a pure fault/tort state with no PIP requirement. Your medical bills after an accident are covered through the at-fault driver’s liability insurance, your own health insurance, optional MedPay coverage, or UM/UIM coverage.

What if the other driver has no insurance?

Your UM (Uninsured Motorist) coverage is your primary protection. California has one of the highest uninsured driver rates in the US. Insurers must offer UM/UIM coverage, and you must reject it in writing if you do not want it. You can also sue the uninsured driver directly, though collecting a judgment may be difficult.

What if a government vehicle was involved?

You must file a government claim within 6 months of the accident under the California Government Code. This applies to accidents involving Caltrans vehicles, CHP vehicles, city buses, and other government-operated vehicles. Missing this deadline can permanently bar your claim against the government entity.

Related Guides

Other States

Get Help With Your California Claim

If you were in a car accident in California and need legal guidance, a local attorney can evaluate your case at no cost. Most personal injury lawyers work on contingency — you pay nothing unless they recover money for you.

When Professional Help Tends to Make Sense

Most minor accidents in California are resolved between the drivers and their insurance companies without ever involving an attorney. Many accident victims, however, consider consulting an attorney when one or more of the following applies to their situation:

A fatality occurred, or a wrongful-death claim may be involved
Medical bills are already in the tens of thousands of dollars, or still growing
There is a permanent injury, visible scar, or any sign of traumatic brain injury (TBI)
The insurance company’s first settlement offer feels far below your actual costs
The insurance company is arguing that your injuries are pre-existing, or trying to shift primary fault onto you despite the evidence
Multiple vehicles or multiple parties are involved and liability is unclear
Fault is disputed — especially relevant given California’s pure comparative fault system
The California statute of limitations for personal injury (2 years from the accident) is within six months
A government vehicle, commercial truck, or rideshare driver is involved
The other driver was uninsured, underinsured, or fled the scene (hit-and-run)

If none of these apply to your situation, you may be able to settle directly with the insurance company. The other guides on this site walk through that process step by step.

Speak with a Free Car Accident Attorney

Reviewed by TurnYourClaim Editorial Team — Last verified: 2026-03-05

Sources: Cal. Civ. Code § 1714 (Comparative Fault basis); Li v. Yellow Cab Co., 13 Cal.3d 804 (1975); Cal. Code Civ. Proc. § 335.1 (SOL – Personal Injury); Cal. Code Civ. Proc. § 338 (SOL – Property Damage); Cal. Veh. Code § 16056 (Minimum Coverage); SB 1107 (2024 – Protect California Drivers Act – Minimum Coverage Increase)

DISCLAIMER: This website is not a law firm and does not provide legal advice. This page provides general educational information only. Laws change frequently, and this information may not reflect the most current legal developments. Always consult a licensed attorney in your state for advice specific to your situation. This is not medical advice. If you have been injured, seek immediate medical attention. Last updated: May 2026.