What to Do After a Car Accident in California: Step-by-Step Guide

At the Scene: Stop, Check for Injuries, and Contact Emergency Services

The first thing to do after any crash is stop your vehicle. California law requires drivers involved in an accident with injury, death, or property damage to stop at the scene. Leaving without stopping can be charged as a crime.

Once stopped, check on everyone involved. If anyone is hurt or if there is any doubt, contact emergency services. Emergency responders will document the scene and get medical help to those who need it. A police report also creates an official record that can matter later.

While waiting for help, move your vehicle out of the lane of traffic if it is safe to do so and if the car can be moved. Turn on hazard lights to warn other drivers.

Legal Duties After a California Crash (Stop and Exchange Information)

California law requires drivers to exchange certain information at the scene. You must provide your name, current address, driver's license number, vehicle registration, and insurance information to the other driver and, if asked, to any police officer.

If the other driver is injured or absent (for example, you hit a parked car), you must also make a reasonable effort to notify that person. Failing to meet these duties can carry criminal penalties separate from any civil claim.

Do not admit fault or apologize at the scene. Statements made in the moment can be used out of context later. Stick to exchanging required information and cooperating with police.

What Information and Evidence to Gather

Beyond what the law requires you to exchange, gathering your own evidence strengthens any future claim or defense.

• Photos and video: Photograph vehicle damage, skid marks, road conditions, traffic signs, and any visible injuries.
• Witness information: Ask bystanders for their names and phone numbers before they leave.
• Officer information: Note the responding officer's name and badge number and ask how to obtain the report.
• Insurance details: Record the other driver's insurance carrier and policy number.
• Scene details: Note the time, weather, lighting, and road conditions while they are fresh.

If you are too injured to do this yourself, ask a passenger or bystander to help, or ask the officer to note these details in the report.

Reporting the Accident to the DMV and to Insurance

California law may require you to file an SR-1 form with the California DMV within a strict deadline if the crash caused any injury, any death, or property damage above a specified threshold; confirm current requirements with the DMV or a licensed attorney. This deadline applies regardless of who was at fault. The SR-1 is separate from any police report. You can find the form on the California DMV website.

You should also notify your own insurance company promptly. Check your policy for the specific timeframe your insurer requires. Missing that window could affect your own coverage.

California is a fault state, not a no-fault state. That means claims generally go through the at-fault driver's liability insurance rather than your own personal injury protection policy.

Getting Medical Care and Keeping Records

See a doctor as soon as possible after a crash, even if you feel fine right away. Some injuries, including concussions and soft-tissue injuries, may not produce obvious symptoms immediately. A medical professional can evaluate you and document findings that may be relevant to any claim.

Keep copies of everything: emergency room records, follow-up visit notes, imaging results, prescription receipts, and any bills. Also keep a simple log of symptoms, missed work days, and how the injury affects your daily life. These records can support a claim for damages.

Deadlines That Can Affect Your Claim

California sets specific time limits, called statutes of limitations, on how long you have to file a lawsuit. Missing a deadline can bar your claim entirely.

• Personal injury: Strict filing deadlines apply; confirm yours with a licensed attorney.
• Property damage: Strict filing deadlines apply; confirm yours with a licensed attorney.
• Claims against a government entity: If a city vehicle, state vehicle, or dangerous road condition caused the crash, strict and significantly shorter deadlines apply; confirm yours with a licensed attorney.

These are general rules. Exceptions exist for minors, for cases where an injury was not discovered right away, and for other circumstances. An attorney can tell you which deadline applies to your specific situation.

How California's Fault and Comparative Negligence Rules Work

California follows a fault-based system. The driver who caused the crash is generally responsible for the resulting damages through their liability insurance.

California also uses a rule called pure comparative negligence. Under this rule, if you were partly at fault for the crash, your recovery can be reduced by your share of the fault, but you are not automatically barred from recovering anything. For example, if you were found partly at fault, any damages awarded could be reduced by your share of the fault.

Comparative fault is determined by insurance adjusters during the claims process and by a jury if the case goes to trial. How fault is assigned depends on the evidence, which is one reason thorough documentation at the scene matters.

What to Do Next

1. Stop, secure the scene, and contact emergency services if anyone is hurt.
2. Exchange required information with all drivers involved.
3. Gather photos, witness contacts, and officer information.
4. File the SR-1 form with the California DMV promptly if required; confirm the current deadline with the DMV or a licensed attorney.
5. Notify your insurance company according to your policy terms.
6. See a doctor promptly and keep all medical records.
7. Note any government vehicles or road conditions that may have contributed, since deadlines for government claims are strict and significantly shorter than standard deadlines.
8. Request a free case review: Use the contact form or call button on this page to describe your crash. An attorney can explain the deadlines and options that apply to your situation.

This guide is general information about the law, not legal advice, and reading it does not create an attorney-client relationship. Laws change and every case is different; talk to a licensed attorney about yours.