What to Do After a Car Accident in California

At the scene: stabilize the situation first

Attend to urgent medical needs and call 911 when necessary. If there are no injuries, California Highway Patrol guidance says to move the vehicle out of traffic to the nearest safe place, notify CHP or the local police department, exchange information, gather witness contacts, and write down the conditions and events surrounding the crash.

California law separately requires drivers who are able to do so to exchange identifying, vehicle, and financial-responsibility information. Take clear photographs of the other driver’s license, registration, insurance card, license plate, and the visible position and condition of the vehicles when it is safe to do so.

Preserve evidence that may disappear

• Photograph the full scene, traffic controls, lane markings, debris, skid marks, vehicle interiors, and every area of visible damage.
• Save dashcam footage before it is overwritten and ask nearby businesses or residences whether cameras may have captured the event.
• Write down witness names and contact details rather than relying on a police report to contain everything.
• Keep damaged personal property, repair estimates, towing records, rental records, medical paperwork, and work-loss documentation.
• Maintain a dated symptom and treatment log using factual observations rather than guesses about diagnosis or fault.

Know the two California reporting clocks

For a collision involving injury or death, California Vehicle Code section 20008 states that a driver generally must make or cause a written report to CHP or, for a collision within a city, CHP or the local police department within 24 hours.

The DMV’s separate SR-1 process generally applies within 10 days when anyone was injured, anyone was killed, or property damage exceeded $1,000. The DMV states that the SR-1 is required in addition to a police, CHP, or insurance report and is required regardless of fault.

Notify the insurer and create a clean paper trail

Review the notice requirements in the applicable policy and report the collision promptly. Save the claim number, adjuster contact information, the date and substance of every call, every document sent, and confirmation that it was received.

Provide accurate facts. If you do not know an answer, say that you do not know yet. Avoid estimating speeds, medical diagnoses, future recovery, or the value of a claim before the supporting information exists.

A claim deadline may arrive before negotiations end

California Code of Civil Procedure section 335.1 generally provides two years for specified actions involving injury or death caused by another’s wrongful act or neglect. Exceptions and different rules can change that period.

A claim involving a public entity or employee can have a much earlier administrative deadline. California Government Code section 911.2 generally requires specified claims involving death, personal injury, or personal-property injury to be presented within six months after accrual. Determining accrual, the correct public entity, and whether an exception applies can be fact-specific.

Opening an insurance claim or continuing settlement discussions should not be assumed to extend either deadline.