By Joshua B. Nozar, Esq.
A car crash can turn an ordinary drive down the 405 or Wilshire into one of the most stressful moments of your life. What you do in the minutes, days and weeks afterward can affect your health and your ability to recover compensation. Here is a step-by-step guide to protecting yourself after a car accident in California.
Step 1: Stop, Get Safe, and Call 911
First, stop your car. California law requires a driver involved in an accident that injures or kills someone to “immediately stop the vehicle at the scene of the accident” (Cal. Veh. Code § 20001). If the crash only damaged property, the driver must “immediately stop the vehicle at the nearest location that will not impede traffic” (Cal. Veh. Code § 20002).
Next, check yourself and your passengers for injuries. If it is safe, turn on your hazard lights and move out of traffic. Call 911 if anyone is hurt or the scene is dangerous. A police report creates an official record of what happened.
If someone is injured, drivers must also give “reasonable assistance” to the injured person. That can include “transporting, or making arrangements for transporting, any injured person” for medical care (Cal. Veh. Code § 20003).
Step 2: Exchange Information With the Other Driver
When someone is injured, California requires the driver to give their “name, current residence address,” and “the registration number of the vehicle he or she is driving,” along with the vehicle owner’s name and address (Cal. Veh. Code § 20003). In a crash that only damages property, drivers must share similar information. If asked, they must also show a driver’s license and vehicle registration (Cal. Veh. Code § 20002).
In practice, try to collect:
- The other driver’s name, phone number and address
- Their driver’s license number and license plate number
- Their insurance company and policy number
- The names and badge numbers of the officers who respond, and the report number
Stay calm and polite. Do not argue, apologize or guess about fault. Stick to the facts.
Step 3: Document the Scene
Your phone is one of your best tools. If it is safe, take photos and video of:
- All vehicles involved, from several angles, including license plates
- Skid marks, debris and road conditions
- Traffic signals, stop signs and lane markings
- Your visible injuries
Record a quick voice note about what happened while it is fresh. Include the time, the street names and the direction each car was traveling.
Step 4: Talk to Witnesses
Witnesses can make a big difference when drivers disagree. Ask anyone who saw the crash for their name and phone number before they leave. Also look for businesses or homes with security cameras, because that footage may be erased within days.
Step 5: Get Medical Care Right Away
Even if you feel fine, see a doctor as soon as you can. Adrenaline can hide pain, and injuries like whiplash and concussions may not show symptoms for hours or days. Prompt care protects your health and creates records that link your injuries to the crash. Follow your treatment plan and keep copies of your bills and records.
Step 6: Report the Accident to the DMV
Many drivers do not know about this rule. You must report the accident to the DMV “within 10 days after the accident” if it caused property damage “in excess of one thousand dollars ($1,000),” or resulted “in bodily injury, or in the death of any person” (Cal. Veh. Code § 16000). The DMV form is called the “Report of Traffic Accident Occurring in California (SR-1).” You can file it “either personally or through an insurance agent, broker, or legal representative” (Cal. Veh. Code § 16000). This DMV report is separate from any police report.
Step 7: Be Careful With Insurance Companies
Tell your own insurance company about the crash, since your policy likely requires it. Be careful when the other driver’s insurance company calls. The adjuster may ask you for a recorded statement. Remember that this adjuster works for the other driver’s insurer, not for you. Anything you say could be used to reduce or deny your claim. Talk to a lawyer before you give a recorded statement.
Step 8: Know the Rules That Can Affect Your Claim
Deadlines. In most California injury cases, you have two years to file a lawsuit (Cal. Code Civ. Proc. § 335.1). If a government agency is involved, such as a city bus or a dangerous public road, the deadline can be much shorter. A personal injury claim against a public entity must be presented “not later than six months after the accrual of the cause of action” (Cal. Gov. Code § 911.2). To learn more, read our guide: How Long Do I Have to File a Personal Injury Claim in California?
Shared fault. California follows “pure” comparative negligence. Being partly at fault does not automatically end your claim. Instead, “the damages awarded shall be diminished in proportion to the amount of negligence attributable to the person recovering” (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804).
Uninsured drivers (Proposition 213). Carry insurance. Suppose you owned a vehicle involved in the accident and it “was not insured as required by the financial responsibility laws of this state.” In that case you generally cannot recover “non-economic losses,” such as pain and suffering (Cal. Civ. Code § 3333.4). The same limit applies if you were driving in violation of California’s DUI laws and were convicted of that offense. You may still be able to recover economic losses, such as medical bills and lost wages. There are exceptions, including one for an uninsured owner who was injured by a driver convicted of DUI (Cal. Civ. Code § 3333.4).
Special Situations: Rideshare and Truck Crashes
If you were hurt in an Uber or Lyft, or by a rideshare driver, more than one insurance policy may come into play. Learn more on our rideshare accident lawyer page. Crashes with big rigs and other commercial vehicles often involve trucking companies and their safety rules. See our Los Angeles truck accident lawyer page.
Frequently Asked Questions
Do I have to call the police after a minor accident in California?
Call 911 whenever someone is hurt or the scene is unsafe. Separately, you may need to report the crash to the DMV within 10 days if it meets the limits in Vehicle Code section 16000.
Should I see a doctor if I don’t feel hurt?
Yes. Some injuries take time to show up, and a prompt exam creates a record connecting them to the crash.
Should I talk to the other driver’s insurance adjuster?
You may need to give basic information. It is usually wise to speak with a lawyer before you give a recorded statement or sign anything.
How long do I have to file a car accident lawsuit in California?
For most injury claims, you have two years (Cal. Code Civ. Proc. § 335.1). If a government agency is involved, you may need to file a formal claim within six months (Cal. Gov. Code § 911.2).
Talk to a Los Angeles Car Accident Lawyer
If you were hurt in a crash, you do not have to deal with the insurance companies alone. Our Los Angeles car accident lawyer team at Nozar Law, APC can review your situation and explain your options. Your case evaluation is free, and you pay no attorney fees unless we win. Se habla español. Call us today at (310) 620-4400.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
