What to do after a car accident in California: first 72 hours, insurance, and deadlines
General information, not legal advice. Every situation is different. If you have a deadline or court papers, don't wait on a guide. Call (562) 644-4186.
The first few days after a crash are stressful, and the decisions you make can affect your health and any later claim. Here is the checklist I'd suggest. It's general information, not advice about your case.
At the scene
- Safety first. Call 911 if anyone is hurt or the road is blocked.
- Stop. California requires drivers involved in an accident to stop: Vehicle Code section 20001 for accidents with injury or death, and section 20002 for property damage only.
- Exchange information. Under Vehicle Code section 20003, in an injury accident drivers must exchange names, addresses, vehicle registration numbers, and the owner's name and address, show a driver's license on request, and give reasonable assistance to anyone injured. Get the other driver's insurance information too.
- Document. Photograph the vehicles, positions, damage, the road, traffic signals, skid marks, and your injuries. Get names and phone numbers of witnesses. Save dashcam video.
- Be careful what you say. Be polite and factual. Don't argue about fault or guess.
Within 24 hours to 10 days: reports
- Injury or death: 24 hours. Under Vehicle Code section 20008, the driver must make, or cause to be made, a written report to the CHP, or, in a city, to the CHP or the city police department, within 24 hours.
- DMV report: 10 days. Under Vehicle Code section 16000, a driver in an accident with more than $1,000 of property damage to any one person, or any injury or death, must report it to the DMV within 10 days (form SR-1). This applies even if the police made a report.
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The first 72 hours: your health and your records
- Get checked. Some injuries don't show up right away. Follow your doctor's instructions and keep records and bills.
- Start a folder. Keep the police report number, claim numbers, photos, repair estimates, rental car receipts, and notes about missed work.
- Write down what happened while you still remember it clearly.
- Stay off social media about the crash and your injuries.
Insurance
- Your own insurer. Your policy likely requires prompt notice. Report the accident to your insurer.
- The other driver's insurer. You're generally not required to give their insurer a recorded statement. Be careful with early settlement offers before you know the extent of your injuries. A release usually ends the claim.
- Minimum limits. Vehicle Code section 16056 sets minimum liability limits. For policies issued or renewed on or after January 1, 2025, they are $30,000 per person and $60,000 per accident for injury or death, and $15,000 for property damage. Those minimums may not cover a serious injury, so check your own policy for other coverage you may have.
Deadlines
- Personal injury: generally 2 years to file a lawsuit (Code of Civil Procedure section 335.1).
- Vehicle and property damage: generally 3 years (Code of Civil Procedure section 338(c)(1)).
- Government vehicles or roads: often 6 months. If a public entity may be responsible, a written claim for personal injury generally must be presented within six months (Government Code section 911.2).
Other rules and exceptions can apply, so don't wait until a deadline is close.
How I can help
I handle injury cases on a contingency fee: no attorney's fee unless there is a recovery. Case costs may still apply, and every case is different. No outcome is guaranteed. Tell me what happened and I'll let you know whether I can help.
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Attorney advertising. This guide is general information about California law as of the date shown, not legal advice, and it may not reflect later changes or local rules. Reading it or contacting me does not create an attorney-client relationship. Results vary and no outcome is guaranteed. Better Call Vance, PC, Tyler Vance, CA Bar No. 318810, 3301 Michelson Drive, Suite 2107, Irvine, CA 92612.
