Knowing what to do after a car accident in California can protect your health, preserve important evidence, and prevent avoidable problems with an insurance claim. The minutes and days after a collision may be confusing, particularly when someone is injured or the vehicles are blocking traffic.
Your first priorities should be safety and appropriate medical attention. After addressing immediate dangers, collect information, document the scene, report the collision when required, notify the appropriate insurance company, and preserve records related to your injuries and financial losses.
The steps below provide general guidance for California collisions. The appropriate response may depend on the severity of the accident, whether anyone was injured, whether a commercial or government vehicle was involved, and whether the other driver remained at the scene.
1. Stop at the Accident Scene
Do not leave the scene of a collision without addressing your legal obligations.
California law requires a driver involved in an accident resulting in injury or death to stop immediately. The driver must provide identifying and vehicle information and offer reasonable assistance to anyone injured. California Vehicle Code sections 20001 and 20003 describe these duties.
Leaving the scene may create serious criminal and civil consequences.
If the accident involves only property damage, you should still stop, exchange information, and take reasonable steps to locate the owner of any unattended property that was damaged.
2. Move Away From Immediate Danger
If the vehicles can be moved safely, consider moving them out of active traffic after documenting their positions when circumstances permit.
Turn on hazard lights and remain alert for approaching vehicles. Do not stand between damaged vehicles or in a traffic lane.
Call 911 when:
- Someone appears injured
- A vehicle is blocking traffic
- There is a fire or fuel leak
- A driver appears intoxicated
- The other driver is aggressive
- A pedestrian or cyclist was struck
- The collision involves a serious impact
- The other driver leaves the scene
Follow the directions of law enforcement and emergency personnel.
3. Check for Injuries and Obtain Medical Care
Some injuries are immediately apparent. Others may develop over several hours or days.
Symptoms that may require prompt evaluation include:
- Headache
- Dizziness
- Confusion
- Neck or back pain
- Numbness or tingling
- Chest or abdominal pain
- Difficulty breathing
- Weakness
- Significant swelling
- Loss of movement
- Persistent pain
Do not diagnose yourself at the accident scene. Seek care based on your symptoms and the advice of qualified medical professionals.
Medical records also establish when symptoms were first reported and how the condition progressed. Long gaps in treatment may make it harder to determine whether an injury resulted from the collision.
4. Exchange Driver and Insurance Information
Obtain the following information from each driver:
- Full name
- Current address
- Telephone number
- Driver’s-license number
- License-plate number
- Vehicle make and model
- Vehicle identification number, when available
- Insurance company
- Policy number
- Registered owner’s name and address
California drivers must carry evidence of financial responsibility and provide it when their vehicle is involved in a collision. The California DMV insurance requirements page explains this obligation.
Photograph the other driver’s license, insurance card, license plate, and vehicle when it is safe to do so.
Do not rely solely on a handwritten name or telephone number.
5. Photograph and Record the Accident Scene
Evidence can disappear quickly after vehicles are moved, debris is cleared, and roadway conditions change.
Photograph or record:
- The positions of all vehicles
- Damage to each vehicle
- License plates
- The surrounding roadway
- Traffic signals and signs
- Lane markings
- Skid marks and debris
- Weather and lighting
- Construction barriers
- Road defects
- Visible injuries
- Nearby businesses and cameras
Take photographs from different distances and angles. Close-up images show damage, but wider photographs help establish the overall scene and vehicle positions.
Do not place yourself in danger to obtain photographs.
6. Identify Witnesses
Ask anyone who saw the collision for:
- Full name
- Telephone number
- Email address
- A brief description of what the person observed
Witnesses may leave before police arrive. Their independent observations can be important when drivers disagree about a traffic signal, lane change, speed, or right of way.
Passengers are witnesses too, although insurers may argue that friends or relatives are not neutral. Independent witnesses can therefore be particularly useful.
7. Avoid Arguing or Admitting Fault
Remain calm and exchange the required information, but avoid arguing about responsibility at the scene.
Do not make statements such as:
- “It was entirely my fault.”
- “I was not paying attention.”
- “I am not injured.”
- “The accident was minor.”
- “I am fine.”
A person may apologize out of courtesy or assume responsibility before understanding what happened. Physical evidence, video, witness statements, and traffic rules may later show a different sequence of events.
Cooperate with law enforcement, but answer questions truthfully and do not speculate about facts you do not know.
8. Report the Accident to the California DMV When Required
One of the most important parts of understanding what to do after a car accident in California is knowing whether an SR-1 report is required.
The California DMV requires a Report of Traffic Accident Occurring in California, known as Form SR-1, within 10 days when:
- Anyone was injured, even if the injury appeared minor
- Anyone was killed
- Property damage exceeded $1,000
The reporting requirement applies regardless of who caused the collision. A police report does not replace the driver’s obligation to submit the SR-1. The California DMV accident-reporting page provides the form and filing instructions.
The SR-1 is an administrative DMV report. It is different from a police collision report and an insurance claim.
9. Notify Your Insurance Company
Review your policy and report the collision within the time required by the policy.
Provide accurate basic information, but avoid speculation. Your insurer may ask for:
- Date and time of the collision
- Location
- Drivers and vehicles involved
- Police-report information
- Photographs
- Description of vehicle damage
- Whether anyone was injured
Your policy may include benefits beyond liability coverage, such as:
- Collision coverage
- Medical-payments coverage
- Rental-car coverage
- Uninsured-motorist coverage
- Underinsured-motorist coverage
The California Department of Insurance accident guide explains what consumers may expect when reporting and handling an automobile claim.
10. Use Caution With the Other Driver’s Insurer
The other driver’s insurance adjuster may contact you soon after the accident.
The adjuster may request:
- A recorded statement
- A signed medical authorization
- Access to prior medical records
- Photographs
- A quick settlement
- A broad release of claims
You should be truthful, but you are not required to guess or minimize your condition.
A broad medical authorization may permit the insurer to obtain records unrelated to the collision. An early settlement may not account for continuing symptoms, future treatment, lost earnings, or permanent limitations.
Once a settlement release is signed, the claim ordinarily cannot be reopened merely because the injuries later prove more serious than expected.
11. Preserve Physical and Electronic Evidence
Keep:
- Photographs and videos
- Dash-camera recordings
- Damaged personal property
- Repair estimates
- Towing records
- Rental-car receipts
- Medical bills
- Prescription receipts
- Employment records
- Written communications with insurers
- Police and DMV reports
Do not repair or dispose of the vehicle before the insurer has had a reasonable opportunity to inspect it, unless safety or storage concerns require earlier action.
If the collision occurred near a business, residence, traffic camera, or commercial property, surveillance footage may be overwritten quickly. A written preservation request may be appropriate.
Learn more in our guide to evidence to preserve after a car accident.
12. Document Medical Treatment and Daily Limitations
Keep a simple record of:
- Medical appointments
- Diagnoses
- Prescribed treatment
- Medication
- Missed work
- Activities you cannot perform
- Assistance needed at home
- Sleep disruption
- Pain or mobility limitations
Do not exaggerate symptoms. A contemporaneous record can help explain how the injuries affected daily life between medical visits.
Follow reasonable medical recommendations or discuss concerns with the treating provider. An insurer may argue that missed treatment or ignored recommendations contributed to the ongoing condition.
13. Review Every Potential Source of Insurance
The responsible driver’s policy may not be the only available coverage.
Depending on the circumstances, coverage may exist through:
- The vehicle owner
- The driver’s employer
- A rideshare company
- A delivery company
- A household automobile policy
- Uninsured- or underinsured-motorist coverage
- A commercial policy
- An umbrella or excess policy
- Medical-payments coverage
Coverage analysis becomes especially important when the driver was working, using a rideshare application, operating a commercial vehicle, or driving someone else’s car.
For commercial collisions, visit our truck accident lawyer page.
14. Understand California Comparative Negligence
An insurance company may argue that more than one person contributed to the collision.
California comparative-negligence principles may permit an injured person to recover compensation even when that person shares some responsibility. The recovery may be reduced according to the percentage of fault assigned.
For example, one driver may have made an unsafe turn while another was traveling too quickly. Responsibility does not always rest entirely with one person.
Learn more in our guide to California comparative negligence.
15. Do Not Miss California Filing Deadlines
California Courts states that the general deadline for many personal-injury lawsuits is two years from the date of injury. Different deadlines and exceptions may apply. California Code of Civil Procedure section 335.1 contains the general personal-injury limitations period.
Property-damage claims may be subject to a different limitations period.
A much shorter process may apply when a public entity is involved. This can include claims concerning:
- A city or county vehicle
- A public bus
- A police or emergency vehicle
- A government employee
- A dangerous roadway condition
- Defective traffic controls
- Public construction or maintenance
California Government Code section 911.2 generally requires a personal-injury claim against a public entity to be presented within six months after accrual. Additional deadlines may apply after the agency responds.
Waiting can also result in lost evidence long before the legal deadline expires.
Common Mistakes After a California Car Accident
Avoid these common errors:
- Leaving without exchanging information
- Failing to photograph the scene
- Assuming minor pain will disappear
- Missing the 10-day SR-1 deadline
- Discarding damaged property
- Losing dash-camera footage
- Posting details about the accident online
- Giving speculative statements
- Signing a broad medical authorization
- Accepting a settlement too early
- Assuming the police report determines fault
- Waiting until the filing deadline approaches
A reasonable step taken early may be more valuable than attempting to reconstruct the evidence months later.
What Compensation May Be Available?
Depending on the circumstances, compensation may include:
- Emergency medical care
- Hospitalization
- Diagnostic testing
- Surgery
- Physical therapy
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Property damage
- Towing and rental expenses
- Pain and suffering
- Emotional distress
- Permanent impairment
- Loss of enjoyment of life
- Other accident-related losses
The value of a claim depends on the injuries, treatment, evidence, available insurance, comparative-fault issues, future needs, and litigation risks.
No attorney should promise a particular recovery before reviewing the case.
When Should You Speak With a Car Accident Lawyer?
Not every collision requires legal representation. Consulting an attorney may be helpful when:
- Someone suffered a significant injury
- Fault is disputed
- Several vehicles were involved
- A pedestrian or cyclist was struck
- The other driver was uninsured
- A rideshare or commercial vehicle was involved
- A government entity may be responsible
- Important video or electronic evidence may disappear
- The insurer denies or undervalues the claim
- Future medical treatment may be necessary
For additional information about Aria Law Group’s process, visit our car accident lawyer page.
You can also review our local resources for:
- Palo Alto car accidents
- Redwood City car accidents
- Menlo Park car accidents
- Mountain View car accidents
What to Do After a Car Accident in California: FAQs
Do I need to call the police after every California car accident?
Not every minor property-damage collision necessarily results in a police response. Call 911 when anyone is injured, traffic is blocked, a driver appears impaired, the other driver leaves, or the situation is unsafe.
Do I have to file an SR-1 if the police prepared a report?
Yes, when the DMV reporting threshold is met. A police report does not replace the SR-1. The report must generally be submitted within 10 days when anyone was injured or killed or property damage exceeded $1,000.
Should I give the other insurance company a recorded statement?
Use caution. The insurer may use the statement to evaluate fault, injuries, and credibility. Do not speculate or minimize symptoms. Consider obtaining advice when the claim involves injuries or disputed responsibility.
What if I did not feel injured at the scene?
Some symptoms develop later. Seek appropriate care if symptoms appear or worsen, and accurately explain when they began.
What if the other driver has no insurance?
An uninsured-motorist claim may be available under your policy or another applicable policy. Review the declarations page, policy terms, household coverage, and notice requirements.
Can I recover if I was partly at fault?
Potentially. California comparative-negligence principles may allow recovery, reduced according to your assigned percentage of responsibility.
How long do I have to file a California car-accident lawsuit?
The general personal-injury deadline is often two years, but exceptions and shorter deadlines may apply. A claim involving a public entity may require action within six months.
Contact Aria Law Group After a California Car Accident
Knowing what to do after a car accident in California can help protect your safety and preserve your ability to present an insurance or personal-injury claim.
Contact Aria Law Group to discuss a California collision involving injuries, disputed fault, inadequate insurance, a commercial vehicle, or evidence that may need prompt preservation.
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Secondary button: Call 6503919630
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- Move to safety
- Call 911
- Exchange information
- Take photographs
- Identify witnesses
- Obtain medical care
- Submit an SR-1 when required
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- What Happens When the Other Driver Is Uninsured?
- Should You Give an Insurance Company a Recorded Statement?
- How Is Pain and Suffering Calculated?
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- Santa Clara County Personal Injury Lawyer
- Silicon Valley Personal Injury Lawyer
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The information on this page is provided for general informational purposes and does not constitute legal advice. Laws, deadlines, and procedures may change or may apply differently depending on the facts. Viewing this page or contacting Aria Law Group does not create an attorney-client relationship. Every matter is different, and prior results do not guarantee a similar outcome.
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