How the California car accident checklist works

Enter your accident date and collision type, and the tool generates a checklist in five phases, marking what is ahead of you, what is overdue, and which deadlines have passed.

• Phase 1, at the scene. Safety, 911, medical attention, exchanging information, photographs, witnesses.
• Phase 2, first 72 hours. Medical evaluation, notifying your insurer, accident journal, pausing social media.
• Phase 3, first week. Collision report, repair estimates, follow-up treatment, attorney consultation.
• Phase 4, days 7 to 10. Filing your SR-1 and tracking expenses and lost wages.
• Phase 5, days 10 to 30. Completing treatment, resisting early offers, organizing documentation.

Nothing is stored or submitted, and the finished checklist can be printed.

The first 24 hours after a car accident in California

Two things drive everything that follows: your medical record and the evidence you capture before it disappears.

Get evaluated even if you feel fine. Adrenaline masks pain for hours, and concussions, whiplash, and disc injuries often produce no symptoms until day two or three. A gap between the accident and your first medical visit is the most common argument adjusters use to reduce a claim. Emergency room, urgent care, or a same-day appointment with your doctor all work.

Photograph more than you think you need. Vehicle damage from every angle, final positions before anything is moved, skid marks, debris, traffic signals, road and weather conditions, and visible injuries. Photograph the other driver’s license, insurance card, and plate rather than writing numbers down.

Collect witness names and numbers. Independent witnesses are the most valuable evidence in a disputed liability case and the hardest to track down later.

Do not discuss fault. California is a pure comparative negligence state, so any admission, including reflexive politeness like “I’m sorry” or “I didn’t see you,” can reduce your recovery by a percentage. Give factual descriptions only.

California car accident deadlines

These are the dates that control your rights. The tool calculates each one from your accident date.

10 days: SR-1 report to the California DMV

Under Vehicle Code section 16000, every driver must file an SR-1, the Report of Traffic Accident Occurring in California, within ten calendar days when the crash caused any injury, any death, or more than $1,000 in property damage to any one person’s property. The obligation applies regardless of fault and is separate from any police report. The $1,000 threshold is lower than most drivers assume, since a bumper replacement clears it. Failure to file lets the DMV suspend your license under section 16004 until the report is accepted, and there is no penalty for filing unnecessarily, so file when the damage figure is unclear.

2 years: personal injury lawsuit

Code of Civil Procedure section 335.1 gives you two years from the date of injury to file suit. Settlement negotiations do not pause this clock and neither does ongoing treatment. If it passes while an adjuster is still reviewing your file, the claim is gone. Wrongful death claims also run two years from the date of death.

3 years: property damage

Damage to your vehicle and belongings carries a separate three-year deadline under Code of Civil Procedure section 338, though in practice it is resolved alongside the injury claim.

6 months: claims against a government entity

If a government entity, including but not limited to a city bus, county truck, transit vehicle, police car, government worker, or a dangerous roadway condition contributed to your accident, Government Code section 911.2 applies and requires an administrative claim within six months before any lawsuit can be filed. This is the deadline that catches people, because a collision with a municipal vehicle looks like an ordinary crash from the roadside. Again, always consult with a lawyer to compute the deadlines and statute of limitations time period for your particular claim. Missing any of these important deadlines can cause you to forfeit your legal rights.

Injured minors

The two-year statute is generally tolled while the injured person is under 18, so the clock starts on their eighteenth birthday. The six-month government claim rule is treated differently, so do not assume a child’s claim against a public entity can wait. Again, always consult with a lawyer to compute the deadlines and statute of limitations time period for your claim. Missing any of these important deadlines can cause you to forfeit your legal rights.

What not to do after a car accident in California

• Do not admit fault or speculate. Under pure comparative negligence, a 20 percent share of blame turns a $100,000 case into $80,000.
• Do not give a recorded statement to the other driver’s insurer. You have no obligation to, and adjusters use those recordings during negotiation.
• Do not post on social media. Ordinary photos and check-ins get reframed as proof your injuries are exaggerated, and private settings are not reliable protection.
• Do not sign insurance paperwork without review. Medical authorizations are often broad enough to open your entire history, and releases end your claim permanently.
• Do not accept an early settlement offer. Fast offers arrive before the full extent of your injuries is known, and you cannot reopen the claim later.
• Do not skip appointments or stop treatment early. Gaps in treatment are read as evidence you recovered.

How fault works in California

California is an at-fault state, not a no-fault state. The driver responsible for the collision pays for the resulting injuries and damage through their insurance, and there is no injury threshold to clear before making a claim.

California also applies pure comparative negligence, meaning you can recover even if you were mostly responsible, with your award reduced by your percentage of fault. Someone found 70 percent at fault still recovers 30 percent of their damages, whereas most states bar recovery once your share passes 50 percent. That is why insurers work hard to assign you a number. A police officer’s opinion in the collision report is influential but not binding.

Dealing with insurance companies after a California crash

Notify your own insurer promptly. Nearly every policy has a prompt notice clause, and reporting is required even when you were not at fault. Reporting is not the same as claiming against your own coverage.

Know what coverage applies. Since January 1, 2025, under Senate Bill 1107, California’s minimum liability limits are 30/60/15: $30,000 per injured person, $60,000 per accident, and $15,000 for property damage. Even at that floor, one emergency room visit with imaging can exhaust the per-person limit, so check your own policy for:

• Uninsured and underinsured motorist coverage. Not mandatory, but insurers must offer it and you must reject it in writing, so many drivers carry it without realizing.
• Medical payments coverage. Pays medical bills regardless of fault, and pays quickly.
• Collision coverage. Repairs your vehicle regardless of fault, usually faster than waiting for the other insurer to accept liability.

Expect the first offer to be low. It is calculated on the bills already in the file, not on treatment still ahead or pain and suffering, and it arrives early because claimants are financially stressed in the first month.

Accident types and what changes

Uber and Lyft accidents

Rideshare coverage depends on what the driver’s app was doing at impact. Once a ride is accepted and while a passenger is aboard, California requires at least $1 million in third-party liability coverage. When the driver is logged in but has not accepted a ride, a smaller contingent policy applies, and with the app off only the personal auto policy applies. Screenshot the trip record immediately, since it establishes which period was active.

Motorcycle accidents

Expect an argument that you were speeding, lane splitting unsafely, or hard to see. Lane splitting is legal in California under Vehicle Code section 21658.1 and does not automatically make you at fault. Preserve your helmet and gear without cleaning or repairing them, since damage patterns help establish impact mechanics.

Pedestrian accidents

Drivers must yield to pedestrians in marked and unmarked crosswalks under Vehicle Code section 21950. Since the Freedom to Walk Act took effect in 2023, crossing outside a crosswalk is only citable when it creates an immediate danger of collision, which removed a defense insurers used routinely.

Bicycle accidents

Vehicle Code section 21760, the Three Feet for Safety Act, requires drivers to give three feet when passing and to change lanes when that clearance is not possible. Photograph the bicycle before repair, and check your auto policy, since uninsured motorist and medical payments coverage often extend to you while cycling.

What to do after a car accident in San Diego

The San Diego Police Department handles collision reports within city limits and the California Highway Patrol covers freeways and unincorporated areas. Reports are generally available within seven to ten days. Injury lawsuits from San Diego County crashes are filed in San Diego Superior Court. If a City of San Diego vehicle, an MTS bus or trolley, or a county vehicle was involved, the six-month government claim deadline applies and the claim must go to the correct entity.

When it makes sense to talk to a lawyer

Not every accident needs an attorney. A minor collision with no injuries, clear fault, and a cooperative insurer often resolves on its own. A consultation is worth it when you need more than one medical visit, fault is disputed, the other driver was uninsured, a commercial or government vehicle was involved, the insurer has asked for a recorded statement, or you have an offer and no way to judge it. California personal injury attorneys work on contingency, so there is no fee unless there is a recovery.

Frequently asked questions

What should I do immediately after a car accident in California?

Call 911 if anyone is hurt or damage is significant. Exchange name, address, phone, driver’s license number, plate, insurer, and policy number. Photograph everything before vehicles are moved, collect witness contacts, and get medical attention the same day even if you feel fine.

Do I have to call the police after a car accident in California?

Police response is required when the accident causes injury or death. For property damage only, officers may decline to respond. A police report is useful evidence but does not replace your separate obligation to file an SR-1 with the DMV.

What is an SR-1 form and do I have to file one?

The SR-1 is the DMV’s Report of Traffic Accident Occurring in California. Under Vehicle Code section 16000 you must file within ten calendar days if the accident caused any injury, any death, or more than $1,000 in property damage. It applies to every driver involved regardless of fault.

What happens if I miss the 10 day SR-1 deadline?

The DMV can suspend your license under Vehicle Code section 16004 until the report is filed and accepted. File as soon as you realize it is late. Missing it does not affect your right to pursue an injury claim, which runs on the separate two-year statute.

How long do I have to file a car accident claim in California?

Two years from the accident date for a personal injury lawsuit under Code of Civil Procedure section 335.1, and three years for property damage under section 338. Claims against a government entity require an administrative claim within six months.

Should I see a doctor if I feel fine after the accident?

Yes. Adrenaline suppresses pain for hours, and concussions, whiplash, and disc injuries often produce no symptoms for one to three days. A same-day evaluation protects your health and closes the treatment gap insurers use to argue you were not hurt.

How long after a car accident can injuries appear?

Soft tissue injuries commonly surface 24 to 72 hours after impact. Concussion symptoms, disc herniations, and some internal injuries can take days or weeks. Report any new symptom to your provider so it enters the record with a documented link to the accident.

Do I have to report the accident to my own insurance if I was not at fault?

Yes. Almost every California policy has a prompt notice requirement, and failing to report can jeopardize your own uninsured motorist and medical payments benefits. Reporting an accident is not the same as filing a claim against your policy.

Should I give a recorded statement to the other driver’s insurance company?

You are not obligated to. Adjusters use recorded statements to lock in answers that minimize injuries or establish partial fault, and those recordings resurface during negotiation. You do generally have a duty to cooperate with your own insurer.

Can I still recover money if the accident was partly my fault?

Yes. California follows pure comparative negligence, so you can recover even if you were mostly at fault, with your award reduced by your assigned percentage. A claimant found 30 percent responsible for a $100,000 loss recovers $70,000.

What if the other driver had no insurance?

Check your policy for uninsured motorist coverage. California insurers must offer it and you must have rejected it in writing, so many drivers carry it without knowing. Medical payments and collision coverage may also apply, and underinsured motorist coverage can cover a shortfall.

Is California a no fault state for car accidents?

No. California is an at-fault state. The driver responsible for the collision pays for the resulting injuries and property damage through their liability insurance, and injured people can claim directly against that driver without meeting any injury threshold.

How do I get a copy of my accident report in San Diego?

Request it from the responding agency. San Diego Police handles collisions within city limits and the California Highway Patrol covers freeways and unincorporated areas. Reports are usually available seven to ten days after the crash.

How long does a car accident settlement take in California?

Straightforward claims with clear liability and completed treatment often settle within three to nine months. Disputed fault, serious injuries, or litigation typically push it to twelve to eighteen months or longer. The biggest factor is when you finish treatment.

Should I accept the first settlement offer?

Almost never. First offers are based on the bills already in the adjuster’s file and exclude future treatment, permanent effects, and non-economic damages. Once you sign a release the claim is closed permanently.

Do I need a lawyer for a minor car accident?

Not always. If nobody was injured and fault is undisputed, many people handle it themselves. Consult an attorney if you were injured, fault is contested, a commercial or government vehicle was involved, or you have been asked for a recorded statement.

How much does a California car accident lawyer cost?

Personal injury attorneys work on contingency: the fee is a percentage of the recovery and there is no fee without one. Consultations are free.