By Kit Yona, M.A. | Legally reviewed by Katrina Wilson, Esq. | Last reviewed May 22, 2024
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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.
This article will help you understand what's required from you in the aftermath of an auto accident 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.
In addition, we'll touch on insurance claims, injury claims, who has to pay, and dealing with auto insurance companies. Together we'll learn everything there is to know about California accident reports and what you should do in the wake of an accident.
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.
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.
Do not leave the scene of the accident. If you do, you risk being convicted of a hit-and-run crime, 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.
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 with the California DMV. We'll dig a little deeper into that process below.
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.
For a detailed rundown of what you'll encounter as you seek recovery, look at FindLaw's California Car Accident Settlement Process and Timeline article.
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.
While operating laws are pretty much the same in each state — have a valid driver's license and registration, follow traffic signals, and so on — when it comes to accidents, California handles some aspects in its own way.
If the car accident resulted in death, injury, or property damage exceeding $1,000, the accident must be reported within 10 days to the state's Department of Motor Vehicles (DMV).
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.
After an accident, it's common to wonder who must pay for all of the damage. California is an at-fault state, 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.
California also follows the doctrine of pure comparative negligence. 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.
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 article.
In California, you cannot legally drive without some form of liability insurance. There are a few different types of insurance available:
Contact the California Department of Motor Vehicles Financial Responsibility Unit at (916) 657-6677 for information about cash deposits or self-insurance.
Minimum amounts of liability coverage must be carried in accordance with California law, including:
You must be able to provide proof of insurance on demand. Failure to have proper insurance will cause the revocation of your vehicle registration.
The table below offers a recap of the information covered above, along with a list of what you'll need when filing your accident report.
Relevant California Accident Statutes |
California Vehicle Code section 16000 |
|---|---|
When To Report an Accident in California |
If you are involved in a vehicle accident that occurred in California, you must report it to the DMV if:
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How To File a Car Crash Report in California |
To file a car crash report with the DMV in California, you, your insurance agent, or your legal representative must complete the Report of Traffic Accident Occurring in California (Form SR-1). To fill out the form SR-1, you will need to gather the following information:
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Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law you are researching.
Every accident has unique aspects, but there is often shared common ground. You may find the following answers useful.
According to California law, a report of an automobile accident is not required if the car or motor vehicle involved in the accident was owned, leased by, or used under the direction of the United States, California, another state, or a local agency.
If none of the parties involved in an automobile accident reports the accident to the DMV within one year after the date of the accident, the DMV is not required to file a report on the accident, and the state's driver's license suspension requirements will not apply.
If you weren't assigned any of the blame, then the accident shouldn't show up as a negative on your insurance record. If you were even 1% at fault and law enforcement filed a report with the California DMV, the accident will be on your record.
You are correct that you need to file a report with the DMV by using the SR-1 form. You'll also need copies for your insurance carrier and your attorney, should you choose to file a lawsuit.
You should have the following information at hand:
You can file through the DMV's online portal. If you'd rather fill out a copy and print it out instead, a PDF form is available.
If you're still uncertain whether or not you need to report a car accident under California law, have questions on how to file a car crash report in California, or need to know more about insurance coverage and your possible financial responsibility for an auto accident, you may want to contact a skilled car accident attorney today.
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