What to Do After a Car Accident in California: A Step-by-Step Guide
The minutes and days after a car accident are confusing, and what you do in them can shape both your recovery and any claim you later make. This is a practical, California-specific guide: what to do at the scene, why medical care matters even if you feel fine, how to document what happened, what not to say to an insurer, and two state deadlines people routinely miss. It is general information, not legal advice for your specific situation.
At the scene: the first minutes
- Get to safety. If you can, move out of traffic; turn on hazard lights. Your safety comes before documenting anything.
- Call 911. In California you should call police if anyone is injured, and a police report is valuable evidence in almost every serious crash. Request medical help for anyone hurt.
- Check on everyone involved, but do not move a seriously injured person unless there is an immediate danger like fire.
- Exchange information with the other driver: name, phone, driver's license number, license plate, and insurance company and policy number.
- Do not discuss fault or apologize. A reflexive 'I'm so sorry' at the scene can be used later as an admission.
See a doctor — even if you feel fine
Adrenaline masks injuries. It is common to feel 'shaken but okay' at the scene and then develop headaches, neck and back pain, or cognitive symptoms over the next hours and days — the classic pattern for soft-tissue injuries and concussions. Getting evaluated promptly matters for two reasons. First, for your health: some injuries are far easier to treat early. Second, for any claim: a gap between the crash and your first medical visit is the single most common argument insurers use to say you weren't really hurt, or that something else caused your injury. Follow through on the treatment your doctors recommend, and keep the records.
Document everything you can
- Photograph the vehicles, their positions, the damage, the surrounding road, skid marks, traffic signals or signs, and your visible injuries.
- Get the names and phone numbers of any witnesses before they leave — independent witnesses can decide a disputed-fault case.
- Note the date, time, weather, and road conditions while they are fresh.
- If there are nearby businesses or homes, note them — they may have camera footage, but it is often overwritten within days.
- Keep a simple record of your symptoms, medical visits, missed work, and out-of-pocket costs.
What not to do
- Don't admit fault or speculate about what happened — you may not have the full picture.
- Don't give a recorded statement to the other driver's insurance company. You are not required to, and early recorded statements are used to lock you into details before you know the extent of your injuries.
- Don't accept a fast settlement check. Early offers usually come before anyone knows what your injury will actually cost, and cashing one can end your claim.
- Don't post about the crash on social media. Insurers look, and an offhand post or photo can be twisted to undercut your injury.
- Don't let your medical treatment lapse without a reason — gaps get used against you.
Two California deadlines people miss
First, the DMV report. California requires you (or your insurer, broker, or attorney) to file a form SR-1 with the DMV within 10 days if anyone was injured or killed, or if property damage exceeds $1,000. That $1,000 threshold is low — in today's repair costs, most collisions that need a body shop meet it. These are calendar days, not business days, and the clock starts on the day of the crash. Missing it can lead the DMV to suspend your driver's license, separately from the police report at the scene.
Second, the deadline to sue. In California you generally have two years from the date of injury to file a personal injury lawsuit. But if a government entity may be responsible — for example, a dangerous road condition or a city vehicle — you usually must file a formal administrative claim within six months, a much shorter window that is easy to blow. Because deadlines change with the facts, it is worth confirming yours early.
If it was a hit-and-run
Call the police and report it promptly — a report is important both for any investigation and for an insurance claim. If the other driver is never identified, your own uninsured motorist coverage may pay for your injuries, but California has a specific catch for hit-and-runs: for an uninsured-motorist bodily-injury claim, there generally must have been actual physical contact between the phantom vehicle and you or your car. A driver who runs you off the road without touching you may not trigger the coverage. This is one reason to document everything and involve counsel early.
When to talk to a lawyer
You do not need a lawyer for every fender-bender. But if anyone was seriously injured, if fault is disputed, if multiple vehicles or a commercial vehicle were involved, or if an insurer is pressing you for a statement or pushing a quick settlement, a free consultation is worth it before you commit to anything. Personal injury cases are handled on contingency, which means no fee unless there is a recovery — so understanding what your claim is worth costs you nothing.
Frequently Asked Questions
Do I have to report a car accident to the DMV in California?
Yes, if anyone was injured or killed, or property damage exceeds $1,000. You (or your insurer, broker, or attorney) must file a form SR-1 with the DMV within 10 calendar days of the crash. This is separate from the police report at the scene, and missing it can lead to a license suspension.
Should I see a doctor if I feel okay after the crash?
Yes. Adrenaline masks injuries, and symptoms from soft-tissue injuries and concussions often appear hours or days later. Prompt care is better for your health, and a gap before your first visit is the most common argument insurers use to claim you weren't really hurt.
Do I have to give a recorded statement to the other driver's insurance company?
No. You are not required to give a recorded statement to the other driver's insurer, and it is usually a mistake to do so before you understand the extent of your injuries and, ideally, have spoken with an attorney. Report the crash to your own insurer, but be careful with the other side.
How long do I have to file a car accident claim in California?
Generally two years from the date of injury for a personal injury lawsuit. If a government entity may be responsible, you usually must file an administrative claim within six months — a much shorter deadline. Confirm your specific deadline early, because it varies with the facts.
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This article is general information, not legal advice, and does not create an attorney-client relationship. Every case is different; for advice about your situation, consult a licensed attorney.