What to do after a car accident in California
Every rule below is quoted from California law or a state agency, with a link. Checked September 17, 2026.
At fault state
The short answer
California is an at-fault state. Drivers must carry liability insurance that pays for injuries and damage they cause to others. A driver must make a written report of a crash to the CHP or local police within 24 hours, unless it involves a common carrier vehicle, which follows a monthly reporting schedule instead. You generally have 2 years from the crash to sue for injuries.
Deadlines in California
- 2 years
- to sue for injuriesCal. Code Civ. Proc. 335.1
- 3 years
- to sue for car or property damageCal. Code Civ. Proc. 338(c)
- 2 years
- for a family to sue after a deathCal. Code Civ. Proc. 335.1
- 6 months
- to notify the government if a public vehicle or road was involvedCal. Gov. Code 911.2
Miss one of these and you can lose the right to claim, even with a strong case.
At the scene
Stop, share your information and help anyone hurt
A driver in a crash with injury or death must stop immediately, give their name, address, and registration number, show their license, and help anyone who is hurt, including arranging transport to a doctor. In a crash with only property damage, the driver must stop, locate the owner if possible, and if not, leave written notice and tell police.
“The driver also shall render to any person injured in the accident reasonable assistance, including transporting, or making arrangements for transporting, any injured person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary”
When you must call the police
A driver must make a written report of a crash to the CHP or local police within 24 hours, unless it involves a common carrier vehicle, which follows a monthly reporting schedule instead.
“within 24 hours after the accident make or cause to be made a written report of the accident”
Moving your car out of traffic
In California, after a crash that only damages property, the driver must immediately stop at the nearest spot that will not block traffic or endanger other drivers, which in practice means moving a drivable car out of the travel lane before stopping.
“The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. Moving the vehicle in accordance with this subdivision does not affect the question of fault.”
In the days after
Whether you must file a report yourself
A driver must file a written accident report with the DMV within 10 days if the crash caused more than $1,000 in property damage, or any injury or death, using a DMV approved form (commonly called the SR-1).
“damage to the property of any one person in excess of one thousand dollars ($1,000), or in bodily injury, or in the death of any person shall report the accident, within 10 days after the accident”
Getting a copy of the crash report
California Highway Patrol collision reports are requested by creating an account and logging in to the CHP's Online Crash Report System.
“Log in to the Online Crash Report System”
Who pays for the damage
California is an at-fault state. Drivers must carry liability insurance that pays for injuries and damage they cause to others.
“not less than thirty thousand dollars ($30,000) because of bodily injury to or death of one person in any one accident”
Insurance rules in California
What insurance every driver must carry
As of January 1, 2025, California's minimum liability limits are $30,000 per person, $60,000 per accident for injury, and $15,000 for property damage.
“not less than thirty thousand dollars ($30,000) because of bodily injury to or death of one person in any one accident" ... "not less than sixty thousand dollars ($60,000) because of bodily injury to or death of two or more persons" ... "not less than fifteen thousand dollars ($15,000) because of injury to or destruction of property”
Personal injury protection (PIP)
California does not require drivers to buy personal injury protection (PIP). The mandatory coverage is liability insurance for injuries and property damage you cause to others.
“not less than thirty thousand dollars ($30,000) because of bodily injury to or death of one person in any one accident" ... "not less than fifteen thousand dollars ($15,000) because of injury to or destruction of property”
If the other driver has no insurance
Every bodily injury liability policy in California must include uninsured motorist coverage, but the insurer and the policyholder can agree in writing to remove or reduce it.
“No policy of bodily injury liability insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle...shall be issued or delivered in this state...unless the policy contains, or has added to it by endorsement, a provision with coverage limits”
Medical payments coverage
California insurers must offer you medical payments coverage, but you can choose not to buy it.
“You may be offered this coverage, but you can choose not to buy it.”
If an insurance company treats you unfairly
To complain about an insurance company in California, file electronically through the California Department of Insurance's online complaint system, linked from its Getting Help page.
“We recommend using the electronic complaint forms above. Use of non-electronic complaint forms may delay the process.”
The deadline rules, word for word
Deadline to sue for injuries
You generally have 2 years from the crash to sue for injuries.
“Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
Deadline to sue for car damage
You generally have 3 years from the crash to sue over vehicle or property damage.
“An action for taking, detaining, or injuring goods or chattels, including an action for the specific recovery of personal property.”
Deadline for a wrongful death claim
Families generally have 2 years from the crash to sue over a death from a crash.
“Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
If a government vehicle or road was involved
If a government vehicle, employee, or road is involved, you must present a claim to that government within 6 months of the crash for injury, death, or property damage, or you can lose the right to sue.
“shall be presented as provided in Article 2 (commencing with Section 915) not later than six months after the accrual of the cause of action”
Sources on this page
Each one was opened and checked on September 17, 2026.
- Cal. Veh. Code 16056
- Li v. Yellow Cab Co., 13 Cal.3d 804 (1975)
- Cal. Code Civ. Proc. 335.1
- Cal. Code Civ. Proc. 338(c)
- Cal. Gov. Code 911.2
- Cal. Veh. Code 20008
- Cal. Veh. Code 16000
- Cal. Ins. Code 11580.2
- California Department of Insurance, Automobile Insurance guide (IG-Auto-Insurance)
- Cal. Veh. Code 20001, 20002, 20003
- Cal. Veh. Code § 20002(a)
- https://crashes.chp.ca.gov/
- https://www.insurance.ca.gov/01-consumers/101-help/index.cfm
- Cal. Bus. & Prof. Code 6146
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.