What to Do After a Car Accident in California: A Step-by-Step Guide (2026)
State: California · Reviewed: 2026-07-09 · By: NowAccident Editorial Team · Human review: California attorney review
You are shaking, your ears are ringing, and someone is walking toward your window. What you do in the next twenty minutes will shape your insurance claim for the next two years. This guide walks through the exact sequence California drivers should follow — and the two deadlines almost nobody knows about.
Quick Answer: The First 8 Steps After a California Car Accident
Stop immediately and stay at the scene. Check for injuries and call 911 if anyone is hurt. Move vehicles out of traffic if they are drivable. Photograph everything before cars are moved. Exchange names, addresses, license, registration, and insurance details. Get witness contact information. Notify your insurer. File the DMV SR-1 form within 10 days if anyone was injured or property damage exceeds $1,000.
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Step 1: Why must you stop, even for a minor bump?
California law does not distinguish between a devastating collision and a scraped bumper. Under Vehicle Code § 20002, any driver involved in an accident that causes property damage must stop, and either locate the owner or leave a written note with their name, address, and a description of what happened. Failing to do so is a misdemeanor punishable by up to six months in county jail, a fine up to $1,000, or both.
If someone was injured or killed, the duty is stricter still. Vehicle Code § 20001 requires the driver to stop, provide reasonable assistance, and identify themselves. That offense can be charged as a felony, with state prison exposure of two to four years when the injury is permanent and serious.
Fault is irrelevant to these duties. A driver who was rear-ended and drives off can still be prosecuted. Stopping is not an admission of anything.
Step 2: When should you call 911 versus the non-emergency line?
Call 911 if any of the following are true:
- Anyone complains of pain, dizziness, numbness, or confusion
- A vehicle is blocking a lane of traffic
- You suspect the other driver is impaired
- Anyone is aggressive, refuses to exchange information, or tries to leave
Call the non-emergency police line for a slow-speed parking-lot tap with no injuries where both drivers are cooperative.
There is a separate, easily missed rule. Under Vehicle Code § 20008, if an accident causes injury or death and no officer responds to the scene, the driver must report it to the local police or the California Highway Patrol within 24 hours. Many people assume that because an ambulance came, the report was handled. It was not.
Step 3: What should you photograph before the cars are moved?
Once a vehicle is moved, the physical geometry of the crash is gone forever, and geometry is what accident reconstructionists use to determine who hit whom. Capture, in this order:
- Wide shots of the full scene from four corners, showing lane markings and vehicle positions
- Both vehicles' damage from straight on and at a 45-degree angle
- Both license plates, clearly legible
- The other driver's license and insurance card (photograph, do not just write down)
- Traffic controls — signal state, stop signs, speed limit signs
- Road conditions — skid marks, debris field, potholes, standing water, glare
- Any visible injury, with the person's consent
- A wide shot showing nearby businesses (their exterior cameras may have footage)
A note on audio: California is an all-party consent state for recording confidential communications under Penal Code § 632. Photographs and silent video of a public roadway are a different matter, but do not secretly audio-record a private conversation with the other driver. Ask first.
Log your photos and notes in NowAccident → — timestamps and structure your evidence while the details are fresh.
Step 4: Exactly what information must you exchange?
Vehicle Code § 16025 requires drivers to exchange evidence of financial responsibility — in practice, insurance information. Failing to do so is an infraction carrying a $250 fine.
Collect all of the following:
| Item | Why it matters |
|---|---|
| Full legal name and current address | The address on the license is often outdated |
| Driver's license number and state | Confirms identity for the claim |
| Insurance company name and policy number | The claim cannot open without it |
| Vehicle year, make, model, plate, VIN | Identifies the correct insured vehicle |
| Registered owner's name, if different | The owner's policy may be primary |
Do not volunteer opinions about fault. "I'm so sorry" is a human reflex; an adjuster may read it as an admission. Stick to facts: where you were, what direction, what speed, what you saw.
Step 5: Why do witnesses matter more than you think?
Witnesses disappear within ninety seconds of an accident. They have somewhere to be, and no obligation to stay. Get a name, a phone number, and one sentence in their own words. A single neutral witness statement frequently ends a disputed-liability fight that would otherwise cost months.
Step 6: When should you see a doctor?
Soon — ideally the same day, and certainly within 72 hours. This is not a legal tactic; it is basic medicine. Adrenaline masks pain, and soft-tissue injuries, concussions, and internal bleeding often present hours later.
There is also a documentary reality. Insurers scrutinize "gaps in treatment." A two-week delay between the crash and the first medical visit gives an adjuster room to argue the injury came from something else.
This is general information, not medical advice. If you are in pain, see a licensed clinician.
Step 7: What is the SR-1 form, and why is the deadline 10 days?
This is the requirement that most surprises California drivers.
Under Vehicle Code § 16000, every driver involved in a California accident must file a Report of Traffic Accident Occurring in California (Form SR-1) with the DMV within 10 calendar days if:
- Anyone was injured, no matter how minor, or
- Anyone was killed, or
- Property damage exceeded $1,000
Four things make this a trap:
- It applies regardless of fault. Being rear-ended at a red light does not excuse you.
- A police report does not satisfy it. Neither does an insurance claim. The SR-1 is independent of both.
- It applies on private property, including parking lots.
- The $1,000 threshold is low. In today's repair market, a bumper cover with parking sensors clears it easily.
The consequence of not filing is not a fine. Under Vehicle Code § 16004, the DMV may suspend your driving privilege, and the suspension continues until the report is filed and accepted. Many drivers learn this from a suspension notice in the mail.
You can file online through the DMV's virtual office, by mail, or through your insurance agent, broker, or attorney — but the legal duty stays with you. Save the confirmation.
The clock starts on the day of the crash, not the day the repair estimate comes back.
Step 8: How and when do you notify your insurer?
Report the accident promptly — most policies contain a "prompt notice" condition, and a late report can jeopardize coverage. Reporting is not the same as filing a claim, and it is not an admission of fault.
Keep the first call short and factual. You are not obligated to give a recorded statement to the other driver's insurer, and there is rarely a reason to give one before you understand the extent of your injuries.
California Deadlines at a Glance
| Deadline | What it is | Authority |
|---|---|---|
| Immediately | Stop, assist, identify yourself | VC § 20001, § 20002 |
| 24 hours | Report injury/death crash to police or CHP if no officer responded | VC § 20008 |
| 10 days | File DMV Form SR-1 (injury, death, or >$1,000 damage) | VC § 16000 |
| 6 months | File a government tort claim if a public entity is involved | Gov. Code § 911.2 |
| 2 years | File a personal injury lawsuit | CCP § 335.1 |
| 3 years | File a property damage lawsuit | CCP § 338 |
What is California's fault rule?
California is an at-fault state, not a no-fault state. The driver who caused the crash — and that driver's liability insurer — pays for the resulting harm.
California also applies pure comparative negligence, established in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. Your recovery is reduced by your own percentage of fault, but it is never eliminated by it. A driver found 80% at fault can still recover 20% of their damages. Only a handful of states are this generous to partially-at-fault plaintiffs.
This is precisely why documentation matters. Every percentage point of fault an insurer can shift onto you is a percentage point off your recovery.
Frequently Asked Questions
Do I have to call the police for a minor accident in California? There is no universal statutory duty to call police for a property-damage-only crash where you exchange information at the scene. But if anyone is injured or killed and no officer responds, VC § 20008 requires a report to police or CHP within 24 hours. The DMV SR-1 obligation is separate and often still applies.
What if the other driver has no insurance? Your own uninsured motorist (UM) coverage, if you carry it, steps into the at-fault driver's shoes. California insurers must offer UM coverage, though you may have declined it in writing.
Can I still recover if the accident was partly my fault? Yes. Under pure comparative negligence, your damages are reduced by your fault percentage but not barred.
How long do I have to sue after a California car accident? Generally two years from the crash for personal injury (CCP § 335.1) and three years for property damage (CCP § 338). If a government entity is involved, you must present an administrative claim within six months (Gov. Code § 911.2).
Before the memories fade: record your accident with NowAccident. Free, three minutes, and yours to keep.
Sources
- California DMV — Report of Traffic Accident Occurring in California (SR-1), accident reporting page
- California Vehicle Code §§ 16000, 16004, 16025, 20001, 20002, 20008
- California Code of Civil Procedure §§ 335.1, 338
- California Government Code § 911.2
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804
- California Penal Code § 632
Disclaimer
This article provides general information about California law as of the last updated date. It is not legal advice, does not create an attorney-client relationship, and does not account for the specific facts of your situation. Statutes, dollar thresholds, and deadlines change. Verify current requirements with the California DMV or the official California Legislative Information website, and consult a licensed California attorney about your case. Health-related statements are general information, not medical advice.
Keep your own accident record organized
General information only. NowAccident is not a law firm and does not provide legal advice. Rules and facts change; confirm current requirements with the cited government source or a qualified professional.
