What to Do After a Car Accident in Northern California
A complete step-by-step guide to the first 10 days after a crash — what to do at the scene, critical deadlines you can't miss, and how to protect your legal rights.
After a California car accident: Call 911 immediately if anyone is injured. Within 10 days, file an SR-1 report with the DMV if there was any injury or property damage over $1,000. Within 24-72 hours, notify your insurance company. Within 2 years, file any personal injury lawsuit. If a government vehicle was involved, you have only 6 meses to file a claim.
At the Scene: The First 15 Minutes
The moments after a crash are chaotic, but what you do (and don't do) can make or break your insurance claim and any future legal case. Follow these steps in order:
Check for Injuries & Call 911
Check yourself, passengers, and others involved for injuries. Call 911 immediately if anyone is hurt, if the accident is blocking traffic, or if there's significant property damage. In California, you must report accidents involving injury, death, or property damage over $1,000 to police or CHP.
Move to Safety (If Possible)
If vehicles are drivable and no one is seriously injured, California law allows you to move vehicles to the shoulder or a safe location to prevent additional accidents. Don't move vehicles if someone has a serious injury or if moving them would be unsafe.
Exchange Information
California law requires you to exchange: name, address, phone number, driver's license number, vehicle registration, insurance company and policy number, and license plate numbers. Get this from ALL drivers involved.
Documenta Todo
Take photos of: all vehicles and damage from multiple angles, the accident scene and surrounding area, skid marks, traffic signs and signals, weather and road conditions, any visible injuries. Pro tip: photograph the other driver's license and insurance card instead of writing it down.
Get Witness Information
If anyone saw the accident, get their name and phone number. Witness statements can be crucial if the other driver disputes what happened. Ask if they'd be willing to provide a statement to police or your attorney.
Get the Police Report Information
If police or CHP respond, get the officer's name, badge number, and report number. Ask which department will have the report and when it will be available. For CHP accidents, you'll receive a crash card with a QR code to access your report online.
Don't apologize or say "it was my fault" at the scene — even if you think it was. California uses "pure comparative negligence," meaning fault can be shared. Anything you say can be used against you by insurance companies to reduce your compensation.
Critical Deadlines You Can't Miss
California law sets strict deadlines after an accident. Miss them and you could lose your license, your insurance claim, or your right to sue.
DMV SR-1 Report
Required if anyone was injured OR property damage exceeds $1,000
Government Claims
If a city, county, or state vehicle was involved in the accident
Personal Injury Lawsuit
Statute of limitations to file a lawsuit for injuries
The SR-1 Report: California's 10-Day Requirement
This is the deadline most people don't know about — and missing it can get your license suspended.
When You Must File an SR-1
California Vehicle Code Section 16000 requires you to file an SR-1 report with the DMV within 10 days of any accident where:
• Anyone was injured (no matter how minor — even a complaint of pain counts)
• Anyone was killed
• Property damage to any person's property exceeds $1,000
This is required in addition to any police report. Filing a police report does NOT satisfy this requirement. Your insurance company will not file this for you unless you specifically ask them to.
Penalty for not filing: Automatic suspension of your driver's license until you file the form.
File online at dmv.ca.gov or download the form and mail it in.
The First 48 Hours: What to Do Next
See a Doctor — Even If You Feel Fine
Adrenaline masks pain. Over 40% of accident victims who initially refused medical care later developed symptoms requiring treatment. Whiplash, concussions, and internal bleeding often don't show symptoms for hours or days. Medical documentation also creates crucial evidence linking your injuries to the accident.
Notify Your Insurance Company
Most policies require "prompt" reporting — typically within 24-72 hours. Stick to the basic facts: date, time, location, other driver's info. Don't speculate about fault, don't downplay injuries ("I think I'm fine"), and don't agree to give a recorded statement yet.
Start a Documentation Folder
Create a folder (physical or digital) for everything related to the accident: photos, medical records, repair estimates, police report, correspondence with insurance, receipts for out-of-pocket expenses, notes on missed work days.
Get the Police/CHP Report
Request your accident report as soon as it's available (usually 7-10 business days). For CHP accidents, use the free online portal at crashes.chp.ca.gov. For local police, contact the department that responded.
Write down your symptoms daily — pain levels, headaches, difficulty sleeping, trouble concentrating, how injuries affect your daily activities. This becomes powerful evidence if you need to file a claim for pain and suffering.
Tratar con Compañías de Seguros
Insurance companies aren't on your side — even your own insurer. Their goal is to pay as little as possible. Here's how to protect yourself:
Do
- Report the accident promptly to your insurer
- Stick to basic facts (date, time, location)
- Take photos of all damage
- Keep copies of all correspondence
- Get repair estimates in writing
- Consult an attorney before accepting any settlement
Don't
- Give a recorded statement without legal advice
- Sign broad medical release forms
- Accept the first settlement offer
- Say "I'm fine" or downplay injuries
- Post about the accident on social media
- Discuss fault or apologize
If the other driver's insurance calls you, be careful. They may try to get you to say things that hurt your claim or accept a quick lowball settlement before you know the full extent of your injuries. You're not required to give them a recorded statement. Politely decline and consult an attorney first.
California's 2025 Insurance Minimums
As of January 1, 2025, California increased minimum auto insurance requirements under Senate Bill 1107:
$30,000 per person for bodily injury
Up from the previous $15,000 minimum. This is the maximum the at-fault driver's insurance will pay for one person's injuries.
$60,000 per accident for bodily injury
Up from $30,000. The total maximum for all injuries in a single accident.
$15,000 for property damage
Up from $5,000. Covers damage to vehicles and other property.
If the at-fault driver has only minimum coverage or is uninsured, their insurance may not cover your full losses. Make sure you have adequate Uninsured/Underinsured Motorist (UM/UIM) coverage on your own policy — it protects you when the other driver can't pay.
When to Call a Lawyer
Not every fender-bender needs an attorney. But certain situations almost always benefit from legal representation:
You Have Significant Injuries
Broken bones, head injuries, spinal injuries, or anything requiring ongoing treatment. The more serious the injury, the more important it is to have someone fighting for full compensation.
Fault Is Disputed
If the other driver is blaming you, or if the police report doesn't clearly establish fault, you need someone to gather evidence and build your case.
Insurance Is Giving You the Runaround
Delayed responses, lowball offers, requests for unnecessary documentation, or outright denials. Insurance companies often change their tune when an attorney gets involved.
A Government Vehicle Was Involved
Claims against city, county, or state entities have strict 6-month deadlines and special procedures. Miss these and you lose your right to compensation entirely.
Multiple Vehicles or Commercial Trucks
These cases involve complex liability questions, multiple insurance policies, and often much higher stakes. An experienced attorney can navigate the complexity and maximize your recovery.
Preguntas Frecuentes
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