{"id":371744,"date":"2017-09-27T15:31:47","date_gmt":"2017-09-27T20:31:47","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/california-law\/california-car-accident-report-basics.html"},"modified":"2024-05-22T23:06:39","modified_gmt":"2024-05-23T04:06:39","slug":"california-car-accident-report-basics","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-car-accident-report-basics.html","title":{"rendered":"California Car Accident Report Basics"},"content":{"rendered":"\n
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California Car Accident Report Basics<\/h1>\n
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\n By Kit Yona, M.A.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

There is no good time to have a car accident. At best, it’s an inconvenience, but it can also be a life-altering event. In the confusion and chaos that follow, knowing what to do and your legal responsibilities can be difficult.<\/p>\r\n

This article will help you understand what’s required from you in the aftermath of an auto accident<\/a> in California. You’ll learn what you should and shouldn’t do at the scene of your accident. We’ll demystify accident reports, police reports, and what the California Department of Motor Vehicles expects from you after a crash.<\/p>\r\n

In addition, we’ll touch on insurance claims, injury claims<\/a>, who has to pay, and dealing with auto insurance companies<\/a>. Together we’ll learn everything there is to know about California accident reports and what you should do in the wake of an accident.<\/p>\r\n

After You’re in a Car Accident – What To Do<\/h2>\r\n

Right after an auto accident, things are going to be confusing. Your ears may be ringing and your pulse racing as you try to make sense of the traumatic event you were just part of. Unless you’re still in immediate danger, try to take a deep breath and remember what needs to be done<\/a>.<\/p>\r\n

The health and safety of everyone involved is the most important thing. Property is replaceable, but lives aren’t. If you’re OK, check on the well-being of others involved. Your next step should be to call 911. Alert the operator to any injuries and how severe they are.<\/p>\r\n

Do not leave the scene of the accident. If you do, you risk being convicted of a hit-and-run crime<\/a>, which carries severe penalties. If nobody is injured or killed, move your vehicle off the street or highway while you wait for the police. If there are witnesses, get their contact information.<\/p>\r\n

When the police arrive, answer their questions truthfully to help them fill out the accident report. Alert your insurance company as soon as possible. All accidents are reported in California, and you must file an SR-1 report<\/a> with the California DMV. We’ll dig a little deeper into that process below.<\/p>\r\n

If you were injured in the accident, seek medical attention. Keep copies of all medical bills and treatments. Your insurance company will require these at some point. If you encounter difficulty at any stage, consider speaking with a car accident lawyer<\/a>.<\/p>\r\n

For a detailed rundown of what you’ll encounter as you seek recovery, look at FindLaw’s California Car Accident Settlement Process and Timeline<\/a> article.<\/p>\r\n

California Auto Accident Laws – An Overview<\/h2>\r\n

As laws differ from state to state, knowing California’s driving statutes is an absolute necessity. While nobody wants to be in an accident, knowing what to expect afterward can help you have a better outcome.<\/p>\r\n

Basic California Automotive Accident Laws<\/h3>\r\n

While operating laws are pretty much the same in each state \u2014 have a valid driver’s license and registration, follow traffic signals, and so on \u2014 when it comes to accidents, California handles some aspects in its own way.<\/p>\r\n

If the car accident resulted in death, injury, or property damage exceeding $1,000, the accident must be reported within 10 days<\/a> to the state’s Department of Motor Vehicles (DMV).<\/p>\r\n

You must report the accident even if a police officer or the California Highway Patrol (CHP) writes and files a police report on it. Failure to report the car accident to the DMV within 10 days can result in you losing your driving privileges.<\/p>\r\n

Fault and Negligence in California<\/h3>\r\n

After an accident, it’s common to wonder who must pay for all of the damage. California is an at-fault state<\/a>, which means that the person deemed most responsible for the accident pays the damages and medical expenses of the others. They are also able to be sued by the accident victims for further recovery.<\/p>\r\n

California also follows the doctrine of pure comparative negligence<\/a>. This system determines how much each person was responsible for the accident and then adjusts the amount they can recover accordingly. If your damages were $20,000 and you were determined to have been 10% at fault, you’d be awarded $18,000.<\/p>\r\n

Since it’s pure comparative negligence, even someone 99% at fault for an accident could recover 1% of their damages. For a better understanding of how seeking recovery works in California, dive into FindLaw’s California Car Accident Compensation Laws<\/a> article.<\/p>\r\n

California Auto Insurance Requirements<\/h3>\r\n

In California, you cannot legally drive without some form of liability insurance. There are a few different types of insurance available:<\/p>\r\n