California Car Accident Checklist: What to Do (2026 Guide)

Written by Greg Mitchell Legal consultant at AI Lawyer ~17 min read · Updated September 2025

Fact-checked by Kamal Tserakhau Legal Team Lead · AI Lawyer Editorial review

California crash scene with on-screen safety checklist — Every California crash creates two clocks — a 10-day SR-1 deadline and a 2-year lawsuit deadline. This guide walks both.

What to do after a car accident in California, in order: stop and ensure safety, call 911 if anyone is injured, document the scene with photos, exchange license and insurance information, see a doctor the same day, notify your insurer within 24–72 hours, and file form SR-1 with the California DMV within 10 days. California gives you 2 years to file a personal-injury lawsuit (CCP §335.1) and 3 years for property damage. This guide walks each step in detail, with statute citations and the deadlines most drivers miss.

The short answer

After a California car accident: (1) move to safety and call 911 if there is injury, (2) photograph everything and exchange driver/insurance information, (3) see a doctor the same day, (4) notify your own insurer within 24–72 hours, and (5) file DMV form SR-1 within 10 days for any crash with injury or >$1,000 damage. You have 2 years to file a personal-injury lawsuit (CCP §335.1) and 3 years for property damage (CCP §338). California uses pure comparative negligence — you can recover even at 99% fault, reduced by your share.

This is consumer legal information, not legal advice. If you've been seriously injured, fault is being disputed, or a commercial or government vehicle was involved, a California-licensed personal injury attorney should review your case.

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10 daysDMV SR-1 filing deadline after any qualifying crash

2 yearsTo file a personal-injury lawsuit (CCP §335.1)

$15,000CA bodily-injury minimum — usually not enough

PureComparative negligence — recover even at 99% fault

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What should you do at the scene of a California car accident?

The first 10 minutes matter most. Move to safety, call 911 if anyone is hurt, photograph all vehicles and the scene, exchange driver-license and insurance information with the other driver, identify witnesses by name and phone, and get the police report number from the responding officer. California Vehicle Code §§20001–20003 require you to stop, exchange information, and render aid — leaving the scene can convert a civil claim into a criminal hit-and-run charge.

California Vehicle Code §20002 and §20003 require you to stop, exchange information, and render aid at any accident involving injury or property damage. Failing to do so can convert a civil claim into a criminal hit-and-run charge.

Timeline of the first 10 minutes at a California crash scene — Roughly two minutes per step — work this sequence before talking to anyone about fault.

Work through this sequence before anything else:

Stop, move to safety, turn on hazards. If the cars are drivable and blocking traffic, move them to the shoulder. If anyone is injured, do not move the vehicles unless a fire or fuel leak makes it unsafe.
Call 911. California law requires a police response when there is injury, death, or major property damage. Even for minor crashes, a CHP or local police report creates a neutral record that insurers and courts will rely on later.
Check for injuries. Don't try to diagnose anyone — including yourself. Adrenaline routinely masks soft-tissue, concussion, and internal injuries for hours.
Exchange information. Get the other driver's full name, address, phone, driver's license number, vehicle plate, insurance carrier, policy number, and the names of any passengers. Give the same in return.
Document everything. Photographs are the single biggest factor in claim outcomes. Capture:
- All vehicles from four angles, plus damage close-ups
- License plates and VIN stickers
- The intersection or roadway, including signs, signals, and skid marks
- Weather, lighting, and road surface conditions
- Any visible injuries
- The other driver's insurance card and license
Identify witnesses. Names and phone numbers — not "the guy in the blue truck." Witnesses leave. Get their contact info before they do.
Do not admit fault. Don't apologize, don't say "I didn't see you," don't speculate. California's pure comparative negligence system (more on this below) means anything you say can reduce your recovery dollar-for-dollar.
Get the police report number and the responding officer's name and badge.

If the other driver flees, write down everything you remember about the car immediately. A hit-and-run is reportable to police regardless of damage amount, and your uninsured motorist (UM) coverage typically applies.

What should you do in the first 24–48 hours after a California crash?

See a doctor the same day, notify your own insurer within 24–72 hours, and start a written paper trail. Concussions, whiplash, and internal injuries commonly emerge 24–72 hours after a crash — any gap in treatment is what insurers use to argue your injuries weren't caused by the accident. Don't give a recorded statement, even to your own insurer, before you understand what coverage applies.

The legal and medical clock starts the moment you leave the scene.

See a doctor — even if you "feel fine." Concussions, whiplash, and internal injuries commonly emerge 24–72 hours later. Insurers use any gap between the crash and your first medical visit to argue your injuries weren't caused by the accident. Go to an ER, urgent care, or your primary care physician the same day if possible, and follow every recommendation in writing.

Notify your own insurer. Most California policies require "prompt" notice — usually within 24 to 72 hours. Notification is not an admission of fault; it's a contractual obligation. Stick to the facts: date, location, vehicles, drivers, whether police responded, and that you're seeking medical evaluation. Don't give a recorded statement yet, even to your own insurer, until you understand what coverage applies.

Start a paper trail. Open a folder (digital is fine) and dump in everything: the police report number, photos, witness contacts, medical bills, mileage to and from appointments, prescription receipts, time off work, and any letters or emails from insurers. You will need every page of this in 6–18 months when claims are negotiated.

Already have photos and a police report? Organize them. Drop your scene photos, the police report number, and medical bills into AI Lawyer — get a dated evidence summary with gaps flagged before insurers spot them.

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What reports are required after a California car accident?

Two separate reports for most California crashes. First, the police or CHP traffic collision report, filed by the responding officer when injury, death, or major damage occurs. Second — and the one most drivers don't know about — DMV form SR-1, which you must file within 10 days of any crash involving injury, death, or property damage over $1,000 (California Vehicle Code §16000). Failing to file the SR-1 is grounds for license suspension under §16004, even if you were not at fault.

California requires two separate reports for many crashes, on top of any police report. Most drivers know about the first one. Most miss the second.

Police report and DMV SR-1 — California requires both — The SR-1 is a self-filed DMV form. It applies even if police didn't respond.

1. The police/CHP traffic collision report

Required when an officer responds. The other driver, insurers, and any court will pull this report. Request a copy within 10 business days from the responding agency. Most departments charge a small fee.

2. The DMV SR-1 (Report of Traffic Accident Occurring in California)

This is the one most drivers don't know exists. California Vehicle Code §16000 requires you to file form SR-1 with the DMV within 10 days of any accident that involves:

Any injury, however minor, to anyone (driver, passenger, pedestrian, cyclist)
Any death
Property damage exceeding $1,000 (every parked car nick can trigger it)

License suspension risk. The SR-1 must be filed regardless of who was at fault, and regardless of whether police responded. Failing to file is grounds for the DMV to suspend your driver's license under California Vehicle Code §16004 — even if you were not at fault. Both drivers are required to file separately.

The form is on the DMV website; your insurer can also file on your behalf if you ask. If the crash involved a commercial vehicle or a government-owned vehicle, additional reporting and a shorter notice-of-claim deadline apply — typically 6 months under the California Government Claims Act for any claim against a public entity.

California is a fault-based state — what that actually means

Unlike Florida or Michigan, California uses a traditional fault-based ("tort") system. The driver who caused the crash (and their insurer) is responsible for the other side's damages. There is no automatic first-party medical payout the way no-fault PIP works in other states. You have three basic paths to compensation:

A third-party claim against the at-fault driver's liability insurer (most common)
A first-party claim under your own MedPay, collision, or UM/UIM coverage
A lawsuit in California Superior Court if the insurer won't settle fairly

Which path you use depends on who was at fault, what coverage exists, and how much the claim is worth. Don't let an insurance adjuster steer you into the wrong path — that's the insurer's job, not yours.

How does California's comparative negligence rule affect your recovery?

Your recovery is reduced dollar-for-dollar by your share of fault — but you can still recover even if you were 99% at fault. California is one of just 13 pure comparative negligence states (Civil Code §1714; Li v. Yellow Cab Co., 13 Cal.3d 804). Example: a $100,000 claim with 30% assigned fault to you yields a $70,000 recovery. This is why never admitting fault at the scene matters — anything you say can push your fault percentage up.

California is one of just 13 pure comparative negligence states (Civil Code §1714; Li v. Yellow Cab Co., 13 Cal.3d 804). What that means in plain English:

You can recover damages even if you were 99% at fault, but
Your recovery is reduced by your percentage of fault

Comparative negligence: $100k damages at 30% fault yields $70k — The same rule applies at every fault percentage — there is no minimum threshold (unlike modified-comparative states).

This is why "don't admit fault at the scene" matters so much. Anything you say — to the other driver, to police, to insurers — can be used to push your fault percentage up. Stick to facts ("the light was green when I entered the intersection") and never speculate ("I might have been going a little fast").

Is California's minimum auto insurance enough to cover a serious crash?

No — California's 15/30/5 minimums are usually not enough. The minimum bodily-injury limit is $15,000 per person and $30,000 per accident, with $5,000 for property damage (Insurance Code §11580.1b). A single ER visit with imaging routinely exceeds $15,000 and a totaled crossover routinely exceeds $5,000. If the at-fault driver carries only minimum coverage, the liability policy will be tapped out before your bills are — which is why uninsured/underinsured motorist (UM/UIM) and MedPay coverage on your own policy matter.

California's minimum liability limits under Insurance Code §11580.1b are commonly written as 15/30/5.

California 15/30/5 minimums versus typical real-world costs — The minimum policy is built around 1980s-era costs. Modern hospital bills, vehicle values, and multi-passenger injuries blow through it routinely.

These numbers haven't been raised meaningfully in decades. A single ER visit with imaging routinely exceeds $15,000. A totaled crossover routinely exceeds $5,000. If the at-fault driver carries only minimum coverage and you have serious injuries, the liability policy will be tapped out before your bills are.

This is what UM/UIM is for. Uninsured/underinsured motorist coverage on your own policy pays the difference. California insurers are required to offer it, but you can decline it in writing. Pull your declarations page now and check — if you declined UM/UIM, talk to your agent before the next renewal.

MedPay is a separate optional coverage that pays your medical bills regardless of fault, usually $1,000–$10,000. It is not subject to deductibles and it does not raise your rates when used.

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

Four different deadlines apply, depending on the claim type. Personal injury: 2 years from the crash date (CCP §335.1). Property damage: 3 years (CCP §338). Claims against a government entity (city, county, state): a 6-month notice of claim (Gov. Code §911.2). DMV SR-1 filing: 10 days. Missing any deadline ends that part of your claim — insurers know this and sometimes stall negotiations past the date on purpose.

California claim deadlines: SR-1, government claim, PI, property — Each deadline runs from a different start date and has different consequences. Calendar all four the same week as the crash.

Claim	Deadline	Source
Personal injury (against private driver)	2 years from crash date	CCP §335.1
Property damage	3 years from crash date	CCP §338
Claim against a government entity (city, county, state)	6 months notice of claim	Gov. Code §911.2
Wrongful death	2 years from date of death	CCP §335.1
Discovery rule (latent injury)	2 years from when injury reasonably should have been discovered	CCP §335.1
Uninsured motorist arbitration	Varies by policy — typically 2 years	Ins. Code §11580.2

Missing the deadline ends your claim, period. Insurers know this and sometimes drag negotiations past it. Calendar these dates the same week as the crash.

What damages can you recover after a California car accident?

Two main categories, plus a rare third. Economic damages are objective and receipt-driven: medical bills, lost wages, lost earning capacity, property damage, and out-of-pocket costs. Non-economic damages are subjective and uncapped in California motor-vehicle cases: pain and suffering, emotional distress, loss of consortium, disfigurement. Punitive damages are rare and reserved for gross misconduct (DUI, fleeing police). California's §3333.2 cap applies only to medical malpractice — not auto cases.

California allows two categories of damages in a personal injury claim, plus a rare third.

Economic, non-economic, and punitive damages under California law — Non-economic damages are uncapped in motor-vehicle cases (the §3333.2 cap applies only to medical malpractice).

Punitive damages are possible but rare — typically only where the at-fault driver was DUI, fleeing police, or otherwise grossly reckless.

Proposition 213 — the trap most uninsured drivers miss. If you were the uninsured driver in your own vehicle at the time of the crash, you cannot recover non-economic damages even if the other driver was 100% at fault (Civil Code §3333.4). It does not apply to passengers, pedestrians, or DUI victims.

What should you say (and not say) to an insurance adjuster?

Confirm your name and policy number — nothing else on the first call. Don't give a recorded statement, don't speculate about how the crash happened, don't accept a quick "nuisance" settlement, and don't sign a blanket medical release. You have no legal obligation to give a recorded statement to the other driver's insurer. Anything you say can be used to push your fault percentage up under California's pure comparative negligence rule.

The other driver's adjuster will call you, usually within 48 hours, and will sound friendly. Their job is to settle the claim for as little as possible before you understand its value.

Don't, on the first call:

Give a recorded statement
Speculate about how the crash happened
Discuss your injuries beyond "I'm being evaluated"
Accept a quick "nuisance" settlement of a few hundred dollars
Sign a medical release authorizing access to your full medical history (only what's relevant)

Do:

Confirm your name and policy number, that's it
Take notes: who called, when, what they offered
Tell them you'll respond in writing through your own insurer or counsel
Save voicemails and emails

If they push, end the call politely. You have no legal obligation to give a recorded statement to the other driver's insurer.

When should you hire a California car accident lawyer?

Hire a California-licensed attorney if anyone was seriously injured, fault is disputed, the at-fault driver was uninsured or underinsured, a commercial truck or government vehicle was involved, a child was injured, or the insurer is offering far less than your medical bills. Most California personal injury attorneys work on contingency (typically 33–40% of recovery, no upfront cost), and free consultations are standard. Always verify the attorney's State Bar of California number before signing anything.

You don't always need an attorney. For a minor fender-bender with no injuries and clear fault, your insurer can handle it. You probably do need a California-licensed attorney if any of the following apply:

Anyone was seriously injured, hospitalized, or died
Liability is being disputed or you're being blamed
The at-fault driver was uninsured or underinsured
A commercial truck, rideshare, or government vehicle was involved
A child was injured
The insurer is offering far less than your medical bills
The 2-year deadline is approaching with no settlement

Most California personal injury attorneys work on contingency — no upfront cost, fee is a percentage (typically 33–40%) of the recovery. Free consultations are standard. Always check the attorney's State Bar of California number before signing anything.

For help comparing fees and finding qualified counsel, see How to Find the Best Car Accident Lawyer Near Me and How Much Does a Car Accident Lawyer Cost.

Common California crash mistakes to avoid

Skipping the SR-1. It's the most under-filed report in California. License suspension follows.
Posting on social media. Anything you post — including "I'm okay, thanks for asking!" — will surface in claim negotiations.
Settling before treatment is finished. Once you sign a release, the claim is closed forever, even if symptoms worsen.
Letting your insurer total a car you'd rather repair. You have the right to a second appraisal under California Insurance Code §790.03.
Trusting "we'll be in touch" from the adjuster. Calendar every deadline yourself.
Driving uninsured. Proposition 213 will end your non-economic recovery.

California Crash FAQ

Do I have to call the police for a minor fender-bender? Only if there's injury, a death, or one of the parties is impaired. But a police report makes any later claim significantly easier, so most attorneys recommend calling anyway.

Can I file an SR-1 if the other driver refuses to share insurance info? Yes. File with whatever information you have. The DMV uses the SR-1 to check whether each party was insured at the time of the crash and may suspend an uninsured driver's license.

What if the at-fault driver was driving a work vehicle? Their employer is likely vicariously liable under respondeat superior. Commercial policies carry far higher limits than personal policies — usually a meaningfully better recovery path.

What if the other driver is from out of state? California law governs the crash if it happened in California. The out-of-state insurer must defend their insured under California rules. Don't let an adjuster tell you their state's law applies.

How long does a California car accident claim take? Property damage often settles in 30–90 days. Injury claims typically settle 6–18 months after treatment ends. Cases that go to trial can take 2–3 years.

Can I still recover if I wasn't wearing a seatbelt? Yes, but the jury can reduce your damages under California's "seatbelt defense" doctrine — usually 10–25% in California cases.

How AI Lawyer helps California crash claims

A clean file beats a messy file every time. AI Lawyer is built to do the document and timeline work that insurers count on you not doing well — for free, in your browser, without uploading anything to a public chatbot.

For California drivers specifically, AI Lawyer can:

Build a chronological evidence checklist for your specific crash — police report number, SR-1 deadline, treatment dates, witness contacts
Generate insurer-call scripts that keep you to facts and away from fault speculation
Draft a claim summary memo to bring to an attorney consultation so the first hour isn't spent on intake
Flag deadline risks — the 10-day SR-1, the 6-month government-claim notice, the 2-year statute of limitations
Produce a first draft of a Car Accident Settlement Demand Letter tailored to California fault rules

AI Lawyer is an informational and document-organization tool. It does not replace a California-licensed attorney for representation.

California crash file Get your evidence, deadlines, and insurer-call notes in one organized file. Built around California's SR-1, 2-year statute, and pure comparative negligence — so nothing falls through the cracks while you focus on recovery. Start free → See how it works

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Sources and References

California Vehicle Code §§16000–16005 — SR-1 reporting and license suspension consequences. California Legislative Information.
California Vehicle Code §§20001–20003 — Duties at the scene of an accident. California Legislative Information.
California Code of Civil Procedure §335.1 — Two-year statute of limitations for personal injury. California Legislative Information.
California Civil Code §1714 & §3333.4 — Comparative negligence; Proposition 213 limits on uninsured drivers.
California Government Code §911.2 — Six-month notice-of-claim deadline against public entities.
California Insurance Code §11580.1b — Minimum auto liability limits.
California Department of Insurance — So You've Had an Accident, What's Next? Consumer guide. insurance.ca.gov
California DMV — Form SR-1 instructions and online filing.
California Highway Patrol — Statewide collision data and the Statewide Integrated Traffic Records System (SWITRS).
National Highway Traffic Safety Administration (NHTSA) — Crash statistics and post-crash safety guidance.