What to Do After a Car Accident in California

Stop, check on everyone and call 911 if anyone is hurt. California law requires a driver in a crash that injures someone to stop at the scene, give reasonable help and share information. Then, if you can do it safely, gather what you'll need later: the other driver's details, photos and the names of witnesses.

1. 1

   Stop and get help.

   A driver in a crash that injures or kills someone must stop immediately at the scene. Drivers must also give reasonable help to anyone injured, including arranging a ride to a doctor or hospital when it's clearly needed or the injured person asks.

   Sources: Vehicle Code §20001 (opens in a new tab); Vehicle Code §20003 (opens in a new tab)

2. 2

   Exchange information.

   In a crash that injures someone, drivers must share their name, address and vehicle registration number, plus the owner's name and address, and show a driver's license if asked. Also get the other driver's insurance company and policy number.

   Source: Vehicle Code §20003 (opens in a new tab)

3. 3

   Take photos.

   Photograph the vehicles from several angles, license plates, the road, traffic signals and signs, skid marks and any visible injuries. Photos taken right away are hard to recreate later.

4. 4

   Get witness names.

   Ask anyone who saw the crash for their name and phone number. If police come, ask the officer for the report number.

5. 5

   Stick to the facts.

   Talk about what happened, not who was at fault. You don't have to guess about speeds or distances, at the scene or later.

Yes, if anyone was hurt or the damage is large enough. If anyone was hurt or killed, the drivers involved must make a written report within 24 hours to the CHP or, inside a city, to the CHP or the city police department. Separately, a crash that injures or kills someone, or causes more than $1,000 in damage to any one person's property, must be reported to the DMV within 10 days. You can file the DMV report yourself, or your lawyer can file it for you.

These reports are separate from any report an officer writes at the scene, and separate from the claim you make with an insurance company (Vehicle Code §20008 (opens in a new tab); Vehicle Code §16000 (opens in a new tab)).

See a doctor, even if you feel okay, and start keeping records. According to the CDC, some symptoms of a concussion or mild brain injury may not appear for hours or days (CDC (opens in a new tab)). Keep a folder of everything related to the crash, and talk to a lawyer before you talk to any insurance company, including your own. Your policy may set its own deadline to report a crash, one more reason to call a lawyer early.

• Medical records, bills and receipts, including for prescriptions and travel to appointments
• Repair estimates, towing and rental car receipts
• Pay stubs or other proof of work you missed
• Letters, emails and claim numbers from insurance companies
• A short daily note on how you're feeling and what you can't do

Stay off social media about the crash. Insurance companies may look at what you post.

Talk to a lawyer first. You don't have to give the other driver's insurance company a recorded statement. The adjuster works for that company. What you say may be used to argue that you were at fault or that your injuries aren't serious. You can politely decline and give them your lawyer's contact information.

Be careful with early settlement offers. Accepting one usually means signing a release that ends your claim for good, even if you later learn your injuries are worse than you thought.

Your own uninsured motorist coverage may help. California auto policies with bodily injury liability coverage include uninsured motorist coverage unless the policyholder turned it down in writing, so check your policy. For a hit-and-run, that coverage generally requires that the other vehicle made physical contact with you or the car you were in, that the crash was reported within 24 hours to the city police or, outside city limits, to the sheriff or CHP, and that a sworn statement went to your insurance company within 30 days. A lawyer can handle these steps for you.

Uninsured motorist claims also have a two-year rule: within two years of the crash, you generally must file a lawsuit against the uninsured driver, reach an agreement with your insurer, or formally start arbitration (Insurance Code §11580.2 (opens in a new tab)).

You can still make a claim, but California law generally bars you from recovering non-economic losses, like pain and suffering, if you owned a vehicle in the crash that wasn't insured as the law requires, or if you were driving and can't show the financial responsibility (usually insurance) the law requires. The same rule applies if you were convicted of DUI for the crash. You can still claim economic losses, such as medical bills and lost wages. One exception: an uninsured owner hit by a driver convicted of DUI isn't barred (Civil Code §3333.4 (opens in a new tab)).

Generally two years from the crash to file a lawsuit for injuries, and three years for damage to your car. If a California public agency was involved, such as a city bus or a dangerous public road, a written claim to that agency is generally due within six months. Claims against federal agencies have their own rules. Exceptions can shorten or extend these deadlines, so it's best not to wait.

See our statute of limitations guide for the details.

As early as you can, and before you talk to any insurance company or sign anything, especially if someone was hurt, fault is disputed, the other driver was uninsured or fled, or a government vehicle or road was involved. The earlier a lawyer is involved, the more time they have to gather evidence, such as video that may be recorded over, and deal with the insurance companies for you while you focus on recovering. Our car accident page explains how we help, and a free case review costs nothing.