What you do after a car accident in California can determine whether you get your medical bills, car repairs and pain and suffering damages paid. Even if you were partly at fault for a California car accident, the steps you take afterward can greatly affect your rights and jeopardize your driver’s license.
This chart outlines the 15 steps you should take following a California car accident.
Below our auto accident attorneys elaborate on these 15 steps to take if you are in a California car accident.
1. Remain at the Scene of the Car Accident
If someone was injured or killed, remain at the accident scene until the police come unless you need immediate medical assistance. Leaving the scene of an accident involving an injury could get you charged with a hit-and-run, carrying:
- a fine of up to $10,000, and
- up to one year in jail (or more if the injury is serious or someone dies).1
If the other involved driver(s) fled the scene, contact the police to track them down. If the at-fault driver is never found, you may still be able to recover damages from your own insurer if you have:
- uninsured or underinsured motorist coverage (UMC/UIM),
- Med Pay, and/or
- comprehensive and collision coverage.2
2. Seek Medical Attention if Needed
If you were injured and need immediate medical assistance, do not wait for the police.
Call 911 or ask someone else to call for you. If someone else is taking you to the Emergency Room, make sure you leave your contact information with the other driver(s) first if you are able.
At-fault drivers have financial responsibility for damages under state law in California.
3. Move to a Safe Area
If it is safe to do so, you have the obligation to move your car to the shoulder or somewhere else safe. Cars that are blocking traffic can result in further injuries to you or other people.
However, you should leave the cars where they are if moving them would be dangerous. You should also leave the cars where they are and wait for law enforcement if someone was killed or seriously injured, unless the cars pose a significant hazard.
4. Record Information About the Other Vehicle
Once you have moved the cars (if appropriate) and/or sought medical attention for those injured, write down or photograph:
- the license plate number of every other vehicle involved in the accident,
- the year, make, model and color of the other vehicle(s), and
- if possible, the other vehicle(s)’ Vehicle Identification Number (VIN).
You will need this information in order to report the accident to the California DMV.
Vehicle Identification Numbers (VINs)
The VIN is usually listed on a driver’s insurance card and registration. Still, it is a good idea to confirm it physically, especially if the driver is uninsured. You can find the VIN:
- on the driver’s side dashboard (where it meets the windshield),
- inside the driver’s side door (where the door latches when it is closed), or
- on a motorcycle, on the left side of the steering head.
Do not attempt to get the VIN number from the other driver’s vehicle if the driver will not cooperate.
| From 2020 to 2021, traffic fatalities jumped 7.6% from 3,980 deaths to 4,285 deaths. – California Office of Traffic Safety |
5. Exchange Contact Info with Other Drivers and Witnesses
Ask to see the other driver’s license, insurance information and registration. If you can, take a photo of these documents or else write down the numbers.
You should also, if possible, get contact information from everyone else who was involved in, or who witnessed the accident. If a law enforcement officer came to the scene, get the officer’s name and write it down as well.
Be sure to provide your info to the other driver, regardless of who was at fault. If the police ask, you must show them your:
- driver’s license,
- insurance, and
- registration.
Otherwise, you could face fines.
6. DO NOT ADMIT FAULT!
It is extremely important not to admit to any wrongdoing even if you think the accident was your fault. Perhaps the other driver was really to blame. Or the problem could be:
- bad road design,
- highway construction negligence, and
- negligence from the car manufacturer or service provider.
California’s “shared fault / pure comparative negligence” law allows you to recover damages for a car crash even if you were partly to blame. Your damages would just be reduced by your apportionment of fault.3
7. Do Not Say You Are Not Hurt
Even if you think you were not injured in the car crash, do not tell that to the other driver.
Soft-tissue injuries are not always immediately apparent. Saying you are not hurt gives the other driver’s insurance company an excuse to deny your claim or offer you less than it is worth.
| “Say as little as possible at the accident scene. Anything you say, even an apology, can be misconstrued as fault. ” – California accident attorney Neil Shouse |
8. Leave Your Contact Info if the Other Vehicle or Property Is Unoccupied
If you hit an unoccupied vehicle or other property, California law requires you to do one of two things:
- locate the owner and present them with your driver’s license and registration, or
- leave a written note with your name and address in a conspicuous place on the vehicle or property and promptly notify either:
- the police department of the city wherein the collision occurred or,
- if the collision occurred in unincorporated territory, the local headquarters of the Department of the California Highway Patrol.
By law, a note must include the circumstances. However, it should say as little as possible. Make sure you note the address where the collision happened so that you can report it.
9. Take Photos of the Accident Scene
If you are able to take them safely, photos of the scene of the accident and the vehicles involved can help your lawyer or adjuster determine what happened. It can also prevent someone from claiming that you are responsible for any damage the vehicle or property later sustains.
If it is not safe to take photos of the accident scene, or if you had to leave to seek medical help, return as soon as you are able if there is a safe place to take photos.
Photos of a vehicle accident can help you prove your damages.
10. Make a Record of Your Version of the Accident Right Away
As soon as is practical, write down everything you can think of about the accident, no matter how unimportant it may seem. Details will fade along with the shock of the accident, so the sooner you record your impressions, the better.
Things to write down or record include (but are not limited to):
- the time and date of the accident,
- the cross streets and direction of travel of each vehicle,
- your best estimate of each driver’s speed,
- the color of any traffic lights that were visible, and
- any adverse road conditions (such as potholes or bad weather).
11. Document your Injuries
Take – or have someone else take – photographs of any visible injuries with your phone or camera. Also write down your impressions of both your:
- physical injuries and
- emotional distress, which can lead to major mental and psychological damage – even post-traumatic stress disorder (PTSD).
The more evidence of your injuries that is documented, the better your chance of your personal injury attorney getting you the recovery you deserve.
| From 2020 to 2021, alcohol-impaired driving fatalities increased 16% from 1,180 deaths to 1,370 deaths. – California Office of Traffic Safety |
12. Report the Accident
California law requires you to notify the California Department of Motor Vehicles within 10 days of an accident if:
- anyone was killed,
- anyone was injured (even if the injury was minor), or
- the accident resulted in more than $1,000 in damages.
If you are not certain, make the accident report anyway, especially if you will be putting the claim through your auto insurance. Accidents must be reported to the DMV on California DMV Form SR1.
Failure to report an accident to the DMV can result in the suspension of your driver’s license for up to one year.4 If police do not arrive at the scene of an accident that caused injuries or a fatality, you have 24 hours to submit a written crash report to:
- the local police or
- California Highway Patrol.5
13. Or Don’t Report the Accident, if It Is Safe Not to
The one time it makes sense not to report an accident is if:
- no other driver was involved and
- your car sustained only minor damage which you can live with or are willing to pay out-of-pocket to repair.
Even if you have collision insurance, the cost of repairs may be less than your deductible.
A common cause of accidents is failing to yield when entering/exiting/crossing a highway in violation of VC 21800 or driving through yellow lights about to turn red.
14. Notify Your Insurance Company
California’s car insurance laws are fault-based, so crash victims file claims with the at-fault party’s insurer. Most policies require you to report an accident promptly.
Even if the accident was your fault, it is usually best to notify your insurer. The other party may report it, putting you at risk of:
- a suspended driver’s license as well as
- canceled car insurance.
Early reporting also gives your insurer a better chance to defend your injury claim in a car accident case. Along with Oklahoma, California is the one state that prohibits auto insurers from raising rates if an accident is not the policyholder’s fault.6
Insurance Requirements
For every car you register in California, you must carry at least:
- $15,000 of bodily injury coverage per person,
- $30,000 of bodily injury coverage per accident, and
- $5,000 of property damage liability. (This is abbreviated 15/30/5 coverage.)
Driving without insurance is an infraction. A first-time conviction carries:
- $100 to $200 in fines,
- vehicle impoundment, and
- suspension of your license.7
You are required to produce proof of insurance anytime you are in an accident, renew your registration, or when a police officer asks to see it (such as during a traffic stop).
15. Consider Retaining a California Personal Injury Lawyer
Retain an experienced California car accident attorney as soon as possible to help protect your rights and evaluate all the evidence – including the police report – to determine whether you have a right to compensation.
An experienced lawyer will:
- help you find a doctor who will accept a medical lien if you cannot afford to pay for treatment, and
- draft an insurance demand letter likely to get a settlement offer to cover your damages.
Finally, a good California injury lawyer knows all the insurance companies’ tricks and understands the insurance code. Your lawyer can save you the headache of dealing with your own and the other person(s)’ adjuster(s).8
Statute of Limitations
If you have been injured in a car crash, you usually have only a two-year statute of limitations after the crash to bring a personal injury lawsuit in California. If there is only property damage, then the statute of limitations is three years after the accident.
Money Damages
Your personal injury attorney fights for compensatory damages to make up for all of your losses incurred by the car crash. Compensatory damages can be classified as “economic” and “non-economic.”
Economic Damages
Economic damages are easy to calculate with verifiable proof such as receipts, bills, body shop estimates, etc. Economic damages include:
- existing medical bills and future medical expenses,
- disability accommodations,
- lost income and employment/business opportunities, past and future, and
- property damage, including repairing or replacing the vehicle.
Non-Economic Damages
Non-economic damages refer to non-monetary injuries which are more difficult to calculate. They include subjective losses such as:
- pain and suffering,
- mental anguish,
- loss of enjoyment of life,
- humiliation,
- inconvenience,
- loss of consortium, and
- reputational harm.
Note that you may not recover non-economic damages if you:
- do not satisfy California’s financial responsibility requirements (such as by not carrying insurance); or
- you are convicted of drunk driving or drugged driving (DUI).
Punitive Damages
Unlike compensatory damages, punitive damages are meant to punish the defendant for their behavior. If your case goes to trial and you win, you can ask the court to award you punitive damages if you can show the defendant was:
- oppressive,
- malicious, or
- fraudulent.
Wrongful Death Damages
If your loved one died in a car accident, see our related article on bringing a wrongful death lawsuit. The victim’s family or estate may be able to recover damages for loss of support and burial/funeral expenses.9
| “Insurers will try to make you go away with a low-ball offer. Hiring an experienced personal injury lawyer maximizes your odds of a large settlement.” – Los Angeles accident attorney John Murray |
Additional Reading
Refer to our related articles by our California car accident lawyers:
- Vehicle Collisions – California DMV guide about what to do after a crash.
- Traffic Conditions – California Highway Patrol information page on current traffic incidents.
- Hit by a DUI Driver? – How to sue for money damages.
- Motorcycle Accident Lawsuit in California – A legal guide
- Trucking Accident Lawsuit – How to bring a claim for damages.
- Lawsuits for SUV Rollover Accidents – Your options after an accident.
- E-bike Accident Lawsuit – How to bring a claim.
- Pedestrian Hit By Car in California – How to bring a lawsuit.
Legal references:
- California Vehicle Code 20001 VC. See, for example, People v. Chavez (Cal. App. 2d Dist., 2021), 69 Cal. App. 5th 159; People v. Doane (Cal. App. 1st Dist., 2021) 200 Cal.App.3d 852.
- VC 20002. California Insurance Code § 11580.2. Everyone is advised to purchase UMC/UIM, comprehensive, medical payments, collision, and theft coverage. California drivers must decline UM/UIM insurance in writing if they choose not to purchase it. Note that in lieu of buying 15/30/5 coverage, you can also establish financial responsibility through a self-insurance certificate that the DMV issues, a minimum $35,000 surety bond issued by a company with a California business license, or a $35,000 cash deposit to the DMV. VC § 16002.
- California Civil Code § 1431.2. Civil Code § 1431.
- VC 16000. You will need to provide the following information in the accident report: The name, address, birthday, and driver’s license information of you and other involved drivers; insurance information (policy number, expiration date, and insurance company) of you and other involved drivers; and details of the accident, including date, time, location, injuries, and damages. See our article on reportable collision – When must an accident be reported to the DMV?
- VC 20008.
- California Code of Regulations 2632.13. See also California Insurance Code §11580.1b. VC §16056.
- VC 16029.
- Civil Code § 338 & § 335.1. California Traffic Safety Quick Stats, California Office of Traffic Safety. Note that the statute of limitations to file a lawsuit can toll if the defendant was in prison or at large, if the victim was under 18 or has a disability from the accident, or if there was a reasonable delay between the crash and discovering the resulting injury. Civil Code §351. Civil Code §352.1. Civil Code §352. Civil Code §338. Also note that the statute of limitations to bring an administrative claim for damages against the city, county or state (such as for potholes or bad signage that caused the accident) is only 180 days. California Government Code §911.2.
- VC 23152 or 23153. Civil Code § 3333.4. Civil Code § 3295(e).