The short answer: In the first week after a California car accident, get medical care, preserve the evidence, and notify your own insurance company. If anyone was injured or property damage exceeds $1,000, you must file an SR-1 with the DMV within 10 days. Evidence and medical records you miss in that first week are often hard to recover later.
Information verified as of October 1, 2026; applies to California. Every case is different; this is general information, not legal advice for your situation.
What should you do on the day of the accident?
1. If anyone is hurt, call an ambulance and the police first
If you have pain, dizziness, or numbness, or you aren't sure whether you're hurt, call 911. Many car accident injuries aren't obvious on the day; the pain often sets in after the adrenaline wears off, and neck, back, and head injuries are especially common. An accident report from the police or the CHP (California Highway Patrol) at the scene goes a long way toward proving to the insurance companies what happened. If no officer came to the scene, you can ask the local police department or the CHP afterward whether they can take a report; practices vary by jurisdiction.
2. Exchange information
California Vehicle Code Section 16025 requires drivers involved in an accident to give the other drivers or property owners at the scene their name, current address, driver's license number, vehicle identification number (VIN), and the vehicle owner's address, and to show evidence of financial responsibility (usually the insurer's name and address and the policy number). The simplest approach is to photograph the other driver's license, insurance card, and license plate. If the other driver refuses to share this information, write down the plate number, make, model, and color, and tell the police.
3. Take photos and find witnesses
- The positions of both vehicles, the damage, traffic signs and signals at the intersection, skid marks on the road, and the weather and lighting;
- Your own injuries, including bruises and scrapes, and how they change over the following days;
- Witnesses' names and phone numbers. A witness who is willing to share contact information on the day may be impossible to find a week later;
- Nearby storefront cameras or dashcam footage. Many surveillance systems keep footage for only a few days to a few weeks, so ask for it to be preserved as soon as possible.
4. Be careful what you say at the scene
You don't need to decide who was at fault. Statements like "I'm sorry" or "I didn't see you" can be quoted later when fault is being determined. Simply describe the facts you observed. Don't speculate, and don't say "I'm fine." If an officer asks whether you're hurt, you can say, "I'm not sure. I may need to get checked out."
Days 1 to 3: How should you handle medical care and notice to insurers?
1. See a doctor promptly and describe every symptom
When an insurance company evaluates an injury, it focuses on two things: how long you waited to see a doctor, and what your medical records say. Waiting many days to get treatment, or records that note only one area of pain and miss the others, often give the other side a reason to push back in negotiations. At your appointment, mention every area that hurts, even if it seems minor at the time, and follow your doctor's recommendations for follow-up visits and treatment. Long gaps in treatment can also be used to argue that your injuries aren't serious.
Use the notes app on your phone to record the date, doctor, tests, and next follow-up for each visit. If you need to reschedule, do it in advance and keep a record.
2. Notify your own insurance company
Most policies require the insured to give "prompt" notice of an accident. Notifying your own insurer does not mean you are admitting fault. If your policy includes medical payments coverage (Med-Pay), collision coverage, or uninsured motorist (UM) coverage, giving notice now is also what gets those claims started.
3. What if the other driver's insurance company calls?
The other side's claims adjuster will usually contact you quickly, ask you to give a recorded statement, and ask about your injuries. You are not obligated to give a recorded statement right away. A common, careful approach: provide only your name, contact information, and the basic facts of the accident; about your injuries, say only that you are "still being evaluated and treated"; don't guess at how long recovery will take; and don't say you've "recovered" before you've finished seeing your doctors. If there is a language barrier, ask to communicate in Chinese or request an interpreter. Never answer "yes" to, or sign, anything you don't understand.
| Do | Hold off on |
|---|---|
| Take photos and keep the police report number | Admitting fault or apologizing at the scene |
| Get medical care promptly and report every symptom | Putting off a doctor visit because it "isn't serious" |
| Notify your own insurance company | Telling the other insurer you're "fine" or "recovered" before your condition stabilizes |
| Keep every call record, letter, and receipt from the other insurer | Signing a release or a medical authorization before you understand it |
| Keep records of time off work, lost wages, transportation, and medication costs | Posting photos or videos of the accident, or of yourself exercising, on social media |
Days 4 to 10: What do you need to file and organize?
1. File an SR-1 with the DMV (within 10 days)
According to the California DMV, if an accident causes any injury (no matter how minor) or death, or more than $1,000 in property damage, each driver involved must file an SR-1 report with the DMV within 10 days (Vehicle Code §16000). This obligation is separate from the police report and your insurance claim. If you don't file on time, your driver's license may be suspended (see §16000(c)). Your insurance agent, broker, or attorney can also file it on your behalf.
2. Put together an accident file
- The police report number, the other driver's information, insurance claim numbers, and the adjusters' contact information;
- All medical records, bills, prescriptions, and receipts;
- Repair estimates and repair invoices;
- Proof of missed work, pay stubs, or tax records (especially important if you are self-employed);
- A short daily journal noting your pain level and the things you couldn't do. A record like this can later help show how the injury affected your life.
3. Don't rush to sign a settlement
Signing a release generally means giving up all further claims arising from the same accident. If you are still in treatment and your final medical costs and recovery are not yet clear, accepting a payment at this point carries real risk. For how to judge whether a settlement offer is too low, see our article The Insurer Offered a Quick Settlement After My California Car Accident. How Do I Know If It's Too Low? Insurance companies also face response deadlines: they must acknowledge receipt within 15 days of receiving notice of a claim (10 CCR §2695.5(e)), and accept or deny the claim within 40 days of receiving proof of claim (10 CCR §2695.7(b)).
What are three common scenarios? (Illustrations only, not actual cases)
Scenario 1: You felt fine on the day, but your neck started hurting three days later. This happens a lot. If you never got medical care after the accident, the other insurer may argue that the pain wasn't caused by this accident. The better approach is to see a doctor as soon as symptoms appear and explain to the doctor how the accident happened.
Scenario 2: The other driver's adjuster calls the next day, asks a few questions, and quickly mails you a small check. The paperwork that comes with the check sometimes includes release language. Before you do anything with the check, find out whether cashing it or signing means your claim is closed.
Scenario 3: You were partly at fault and worry you won't recover anything. California follows the pure comparative negligence rule, which comes from the California Supreme Court's 1975 decision in Li v. Yellow Cab: even if you share some of the fault, you can usually still recover for the other driver's share, with the amount reduced by your percentage of fault. So being partly at fault does not mean you can't bring a claim.
What if you're worried about language, immigration status, or cost?
Many of our Chinese-American clients worry about communicating in English or misunderstanding the terms of their insurance policy, and some are afraid to call the police or see a doctor because of their immigration status. Our general view: skipping the police report and medical care does real damage to the evidence, and immigration status and the ability to bring a claim for car accident injuries are two separate questions. Please discuss your specific situation privately with an attorney. As for cost, fee arrangements for personal injury cases vary from firm to firm, so ask about them directly during your consultation.
When should you hire a lawyer?
- Your injuries require surgery or hospitalization, or you expect long-term treatment;
- Fault is disputed, or you are being blamed for part of the accident;
- The other driver has no insurance or fled the scene;
- A government vehicle, public transit, or a problem with a city road is involved (a written claim must be filed with the government agency within 6 months of the accident);
- The insurance company has made a settlement offer and you aren't sure it's fair;
- Someone died in the accident.
The deadline to file a claim against a government agency is 6 months after the accident, and the general deadline to file a personal injury lawsuit is 2 years. For details, see our article What Is the Statute of Limitations for a California Car Accident, and When Can It Be Extended or Shortened?
Frequently Asked Questions
Q1: The accident was minor and no one was hurt. Do I need to call the police?
We recommend calling the police whenever someone is hurt, there is significant vehicle damage, or the other driver won't cooperate. If no one is hurt and there's no major vehicle damage, whether to call depends on the situation, but be sure to get the other driver's information and photos, and keep the SR-1's $1,000 property damage threshold in mind.
Q2: Do I need to file an SR-1 with the DMV?
If anyone was injured or killed, or property damage exceeds $1,000, you must file within 10 days. Your insurance agent or attorney can file it for you.
Q3: The other driver's insurance company wants a recorded statement. Do I have to agree?
Generally, you have no obligation to give one right away. You can provide basic information first and put off a detailed statement until your injuries are clear, or give it with an attorney's help.
That isn't being uncooperative. It simply avoids leaving an inaccurate statement on record while your injuries are still unclear.
Q4: Can I still make a claim if I was partly at fault?
Usually, yes. California follows pure comparative negligence: your compensation is reduced by your share of fault, but you aren't barred from recovering just because you share some of the fault.
The exact percentages are decided by the evidence and negotiations, so don't draw conclusions about your own fault at the scene.
Q5: How long do I have to decide whether to file a lawsuit?
In California, the general statute of limitations for personal injury is 2 years from the date of injury (Code of Civil Procedure 335.1). If a government agency is involved, you must first file a written claim within 6 months of the accident (Gov. Code §911.2). For details, see our article What Is the Statute of Limitations for a California Car Accident, and When Can It Be Extended or Shortened?
Key Sources
- California DMV, Report of Traffic Accident Occurring in California (SR 1)
- California Vehicle Code §16000 (10-day report)
- California Vehicle Code §16025 (exchange of information)
- California Code of Civil Procedure §335.1
- California Government Code §911.2
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804
- California Code of Regulations, Title 10, §2695.5(e) (15-day acknowledgment)
- California Code of Regulations, Title 10, §2695.7(b) (40-day acceptance or denial)
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