California Car Accident Guide: Steps, Deadlines, and Fault
Car accidents are stressful, and the rules that follow can be confusing. If you are hurt in a crash in California, you may be able to recover money for medical bills, lost wages, and other losses if someone else’s carelessness caused the accident. This guide explains the practical steps to take after a collision, the deadlines that apply, and the basics of California car accident law, in plain language.
Right After the Accident: Immediate Steps
Your safety comes first. The California DMV advises that if you are in a collision, you must stop, leaving the scene is a hit-and-run and carries severe penalties. Take these basic steps:
- Check whether anyone is hurt and call 911 right away if there are injuries.
- If no one is injured, move your vehicle out of traffic if you safely can, then call 911.
- If a collision injures or kills anyone, California law requires a report to law enforcement within 24 hours.
- Seek medical attention even for injuries that seem minor at first, symptoms can appear days later.
Whether or not police respond, your insurance company needs to know about the accident promptly. Many policies require you to report a collision, so review your own coverage and notify your insurer as soon as practical.
Exchanging Information With the Other Driver
California drivers involved in a collision must show specific information to the other driver, a law enforcement officer, and anyone else involved. Under the DMV’s driver handbook, you should be ready to exchange:
- Your driver’s license
- Your vehicle registration card
- Your insurance information
- Your current address
It also helps to write down the other vehicle’s license plate number, the other driver’s insurance policy details, and the names and phone numbers of any witnesses. Take photos of the damage and the scene if you can do so safely. Do not argue about fault at the scene, the facts, the police report, and the insurance investigation will sort that out.
Reporting the Accident to the DMV (SR-1 Form)
California law requires drivers to file a Report of Traffic Accident Occurring in California, known as an SR-1, with the DMV within 10 days if the collision:
- Injured or killed anyone, no matter how minor the injury, or
- Caused more than $1,000 in property damage.
Each driver involved must file their own report, whether or not they caused the crash, and even if it happened on private property. The SR-1 is required in addition to any report made to the police, the California Highway Patrol, or your insurance company. You, your insurance agent, your broker, or your legal representative can file it. Failing to file can lead the DMV to suspend your driving privilege, law enforcement will not file the report for you.
Insurance Basics and California’s Minimum Coverage
California is an at-fault state: the driver who causes an accident (or their insurance) generally pays for the harm. Every driver must carry liability insurance and show proof of financial responsibility when driving or if asked at the scene of a collision.
California’s minimum required liability coverage, effective January 1, 2025, is:
- $30,000 for bodily injury or death to one person
- $60,000 for bodily injury or death to more than one person in a single accident
- $15,000 for property damage
These minimums pay for the other person’s losses when you are at fault, they do not cover your own injuries or damage to your own car. Driving without insurance is serious: if you are in a collision without proper coverage, your driving privilege can be suspended for up to four years, regardless of who was at fault. If you cannot afford liability insurance, California offers a Low Cost Automobile Insurance Program that may help.
The Two-Year Deadline to File a Lawsuit
California law gives you a limited window to act. For a personal injury from a car accident, you usually have two years from the date of the injury to file a lawsuit. If your claim is against a government agency, for example, a collision caused by a poorly maintained road or a government vehicle, the deadline is shorter, and you may need to file a special government claim first.
If you are the one being sued, and the person suing you waited too long, you can ask the judge to dismiss the case. And if you are sued, you must respond within 30 days of being served with the court papers.
What If You Were Partly at Fault?
California uses a rule called “comparative fault.” Under state law, everyone is responsible for injuries caused by their own lack of ordinary care, but a person who was partly responsible for their own injury can still pursue a claim. The key effect is that your recovery is reduced by your own percentage of fault.
For example, if a court decides your total damages are $10,000 but you were 20% at fault, your award would be reduced to $8,000. California does not bar recovery just because you were partly to blame, even a driver who was mostly at fault can usually recover for the portion of harm caused by the other driver.
What Damages You Can Seek
If someone else’s negligence caused your injuries, the money you can ask for is meant to compensate your actual losses. Under California law these may include:
- Medical bills for treatment so far
- Costs of ongoing or future treatment
- Lost wages from time off work
- Emotional harm or pain and suffering
- Repair or replacement costs for your car
Some losses, like medical bills, are easy to prove with records. Others, such as emotional distress, are harder to put a dollar value on. If your case is smaller, for instance, mostly property damage or minor injury, small claims court may be an option. In small claims court you can generally sue for up to $12,500, though you cannot have a lawyer represent you there.
Evidence Worth Keeping
Courts decide these cases on evidence, so hold on to anything that supports your side. California courts recommend keeping items like:
- Photos of the accident scene and your injuries
- Medical bills and doctor reports
- Witness names and statements
- A copy of the police report, if one was made
- Correspondence with insurance companies
- Repair estimates or receipts for damage to your vehicle
Keep a simple record of how the accident has affected your daily life, your work, and your recovery. The more documentation you have, the easier it is to show what happened and what it cost you.
When Professional Legal Guidance Helps
You do not need a lawyer to settle most car accident claims, but California courts advise that professional help becomes especially important in certain situations:
- The injury is severe or long-term
- The possible damages are large
- It is not clear who is at fault
- Several people or businesses may share responsibility
- The other party is a government agency
- An insurance company is disputing your claim or offering a low settlement
A knowledgeable attorney can help you understand your rights, gather evidence, and negotiate with insurers, before the two-year deadline runs out.
This guide provides general information about California car accident law. It is not legal advice.