If you’ve been in a car accident, you’re dealing with injuries, a damaged car, and an adjuster who is already calling. The first 24 to 72 hours decide your case: see a doctor before delayed-onset symptoms set in, photograph the scene before it’s cleared, and do not give a recorded statement to anyone.
Three deadlines decide whether you have a claim. File the DMV’s SR-1 within 10 days, present any public-entity claim within 6 months, and file a personal-injury lawsuit within 2 years. Miss any of them and you can lose the case before it starts.
Call (877) 622-5888 for a free, 24/7 consultation in English or Spanish.
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Key Takeaways
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The First Ten Minutes: What Matters Most
If you remember nothing else from this page, remember this: stop, check on people, and call for help. Everything else can be fixed. Driving away from a crash is a crime in California (Vehicle Code section 20001 for injury and section 20002 for property-only damage). Move to a safe place if you can, turn on your hazards, and get medical attention for anyone who looks hurt, including yourself.
The 10 Steps to Take After a California Car Accident
Step 1: Stop. Stay Calm. Do Not Leave the Scene
California law requires every driver involved in a crash to stop. Leaving the scene of an injury crash is a felony under Vehicle Code section 20001; a property-only hit-and-run is a misdemeanor under section 20002. Pull over as soon as it is safe and stay until officers, paramedics, and the other driver have completed their work.
Step 2: Check for Injuries
Check yourself first, then your passengers, then occupants of the other vehicle if it is safe to approach. Do not move anyone with serious injuries unless there is an immediate fire or roadway danger. Wait for paramedics.
Step 3: Move to Safety If Your Vehicle is Driveable
If your car can be moved, take it to the shoulder, a turnout, or the nearest parking lot. Turn on your hazard lights. If the vehicle cannot be moved, leave it where it is, get to the side of the road, and stay clear of traffic.
Step 4: Call 911 (Police or California Highway Patrol)
In California, call 911 any time there is injury, death, fire, blocked traffic, a fleeing driver, or a suspected DUI. On freeways and most state highways, the California Highway Patrol (CHP) has jurisdiction. On city streets, the local police department or sheriff’s department responds. The official police report is the foundation of your insurance claim.
If no officer responds (which happens in minor non-injury crashes during busy shifts), file the SR-1 with the DMV and, if the responding agency offers it, a counter report at the local CHP Area Office or a citizen online report at the city police department. The absence of a police report is not the end of your case.
Step 5: Exchange Information
California Vehicle Code § 16025 (and § 20003 after an injury crash) requires every driver to give the others: driver’s name and current residence address; driver’s license number; the vehicle identification number; the current residence address of the registered owner; and evidence of financial responsibility (the insurer’s name and policy number). Photograph the other driver’s license, insurance card, and registration and add the license plate of every vehicle. Do not argue about fault. Exchange information factually and politely.
Step 6: Document the Scene
Use your phone to take a thorough set of photos and videos: wide shots of all vehicles in position; close-ups of damage; the license plate of every vehicle; both driver’s licenses and insurance cards; debris, skid marks, or damaged roadway furniture; street signs and lane markings; weather and lighting conditions; and any visible injuries. Walk through a 360-degree video of the scene. Photograph the surrounding area: nearby intersections, traffic signals, and any street cameras that might have captured the crash.
Step 7: Collect Witness Information
Independent witnesses are some of the most valuable evidence in a California car accident case. Ask for the full name, phone number, and email of anyone who saw the moment of impact. Ask whether they would be willing to provide a statement. If witnesses cannot stay, take a quick photo of their driver’s license or business card with their permission.
Step 8: Get Medical Attention, Even If You Feel Fine
Adrenaline masks injury. Whiplash, concussions, internal bleeding, and disc injuries often present hours or days after the crash. Go to an emergency room, urgent care, or your primary-care doctor the same day if possible. Tell the provider exactly how the crash happened. The medical record created in the first 24 to 72 hours is the most valuable piece of medical evidence in your case.
Step 9: Do Not Admit Fault. Notify Your Own Insurer Briefly
Polite people apologize even when they have done nothing wrong. In the legal context that apology can be used against you. Stick to factual answers about direction, lights, and what you saw. Most California auto policies require you to report a crash to your own insurer within a reasonable time. Give them the basic factual information: when, where, who else was involved, and the police-report number. Do not give a recorded statement to the other driver’s insurance company before speaking to a lawyer.
Step 10: File the DMV SR-1 within 10 days. Call an attorney.
California Vehicle Code section 16000 requires every driver involved in a crash that results in injury, death, or property damage exceeding $1,000 to file an SR-1 form with the DMV within 10 days. The form is short, but failing to file it can lead to license suspension. The same week, contact a California car accident attorney for a free consultation. Two years (Code of Civil Procedure section 335.1) sounds like a long statute of limitations, but the evidence that wins your case, surveillance footage, witness memory, and medical documentation, degrades within weeks.
California Deadlines You Need to Know
California stacks several legal deadlines on top of each other after a crash. Miss any of them, and you can lose the claim before it starts, even if the other driver was clearly at fault.
- Within 10 days: File the SR-1 with the California DMV (Vehicle Code section 16000).
- Within 6 months: Present a written claim to any public entity, city, county, state, or school district (Government Code section 911.2).
- Within 2 years: File any personal-injury lawsuit (Code of Civil Procedure section 335.1).
- Within 3 years: File any property-damage-only lawsuit (Code of Civil Procedure section 338).
What to Say (and Not Say) to the Insurance Adjuster
Adjusters will call you quickly, sometimes within hours of the crash. Be polite, give factual basics, and decline to discuss injuries, medical history, or fault until you have spoken to a lawyer.
Say: “I was involved in a crash on [date] at [location]. I am still being evaluated medically. I will not be giving a recorded statement at this time. Please send any further requests in writing.”
Do not say: “I’m fine.” “I’m sorry.” “I didn’t see them.” “I might have been going a little fast.” “I’ll take whatever you offer.” Any of these can be quoted back at you months later when your back injury turns out to require surgery.
Special California Car Accident Cases
Not every California car accident follows the standard playbook. If the other driver fled, had no insurance, was driving for Uber or Lyft, or if you were a passenger or an undocumented worker, the next steps are different. Here’s what changes.
Hit-and-Run Accidents
If the other driver fled, get whatever description you can: make, model, color, partial plate, direction of travel. Call 911 immediately. California has specific reporting and claims procedures. Your own uninsured-motorist (UM) coverage may pay your bodily-injury damages even though the other driver is not identified.
Uninsured or Underinsured Drivers
Roughly one in seven California drivers operates without insurance. If you carry uninsured/underinsured motorist (UM/UIM) coverage on your own policy, that coverage steps in when the at-fault driver has none or not enough.
Uber, Lyft, and Rideshare Crashes
Rideshare cases are governed by special California insurance rules. The level of coverage available depends on whether the driver had the app on, was waiting for a ride, or had a passenger. Screenshot your ride history, the driver profile, and the receipt before you do anything else.
If You Were a Passenger
Passengers are almost never at fault for a crash. If you were riding in any vehicle, friend’s car, family member’s car, rideshare, taxi, or bus, you generally have a claim against whichever driver was at fault, and sometimes against more than one insurance policy.
If the Police Never Come
In some minor crashes, especially during busy shifts, police will not respond. Exchange information anyway, document everything, file the SR-1, and file an online accident report through CHP or your local department. The absence of a police report is not the end of your case.
If You Are Undocumented
California law does not require legal immigration status to file a personal injury claim or a workers’ compensation claim. Insurance carriers do not ask. Your immigration status is confidential within our attorney-client relationship, and we do not disclose client information to immigration authorities. You have the same legal right to medical care, vehicle-damage payment, lost wages, and pain-and-suffering damages as any other California resident.
Delayed-Onset Injuries: The 7-Day and 30-Day Aftercare Timeline
Many crash injuries do not announce themselves immediately. In the first week, watch for headaches, dizziness, nausea, sleep disruption, mood changes, neck and back stiffness, numbness or tingling, and any abdominal pain. In the first 30 days, watch for new or worsening symptoms, particularly cognitive changes, vision problems, vertigo, and pain that does not improve.
Keep a simple injury journal. Date, symptoms, pain level, what you could not do that day, medications taken, and appointments attended. Insurance companies argue against gaps in treatment. A short daily journal closes those gaps.
Common Mistakes That Hurt California Car Accident Claims
The aftermath of a California car accident plays out over weeks, not hours and the choices you make during that window decide whether the insurance company pays full value or pays nothing. These are the most common mistakes that hand the other side ammunition.
- Posting photos, videos, or commentary about the crash on social media. Insurance defense teams comb through your accounts.
- Skipping follow-up medical appointments because you felt better. Treatment gaps are weaponized.
- Giving a recorded statement to the other driver’s insurance without an attorney.
- Accepting the first settlement offer before knowing your full medical prognosis.
- Signing a medical-records release that is broader than necessary; these are often used to fish into pre-existing conditions.
- Letting the SR-1 deadline lapse.
- Waiting until just before the statute of limitations to call a lawyer.
When to Call a California Car Accident Lawyer
Some California car accidents you can handle on your own. Others you cannot. Call a lawyer before you sign anything if any of these apply:
- Anyone was injured – you, a passenger, or someone in the other vehicle.
- Liability is disputed or unclear.
- The other driver was uninsured, underinsured, or fled the scene.
- The police did not respond, and the facts are contested.
- A commercial truck, delivery vehicle, government vehicle, Uber, or Lyft was involved.
- You were partly at fault, and the adjuster is inflating your percentage of blame.
- The insurance adjuster is pressuring you to settle, sign a release, or give a recorded statement.
A free consultation costs you nothing and tells you whether you have a case worth pursuing with no obligation either way.
How Pérez Law Helps Inland Empire Crash Victims
Pérez Law, PC is a bilingual, family-founded California injury firm headquartered at 822 N Euclid Ave in Ontario, with a branch in Pomona. We represent crash victims across the Inland Empire and Pomona Valley, including collisions on I-10 through Ontario, I-15 through Rancho Cucamonga, the 60 across Pomona Valley, and the 71 through Chino Hills. The firm has spent 27+ years on aggressive, ethical, honest representation, and we treat clients like family. Our published $1.5 million recovery for injuries from a T-bone collision and rollover is one example of the kind of case we handle.
When you call, you will speak with a bilingual member of our intake team. We will review the crash facts, the injuries, and the insurance picture, and tell you honestly whether we can help. If we take your case, you pay nothing unless we recover. Learn more about our personal injury practice and our attorneys and staff.
What Clients Say About Being Guided Through It
“I had never been involved in a car accident before, and I was scared and didn’t know how to navigate the situation. Mr. Pérez, along with Axel and Daisy, made me feel at ease by always being available to answer my questions and ensuring I was well taken care of while seeking treatment. They truly took great care of me throughout the entire process.”
– Maria Prieto, 5 stars, Google Reviews
“I had a car accident and Daisy helped me with my whole case. I’ve never felt more relieved with an incident this big. Daisy helped me fight my case and was honestly the best work she has ever done. If you ever get in an accident call Pérez Law.”
– Damion Ramirez, 5 stars, Google Reviews
“Had a great experience with Pérez Law, especially Axel and Daisy who stood on top of my accident case and had great communication and representation. They would check up on me to see how I was doing. I’m happy with my results and the handling of my case.”
– alex juarez, 5 stars, Google Reviews
Car Accident FAQs
Should I Call the Police for a Minor Crash in California?
Yes. Any time there is an injury, a question about fault, or property damage that appears to exceed $1,000, call 911 or the local non-emergency line. The police report is the foundation of your insurance claim.
What If the Other Driver Does Not Have Insurance?
Your own uninsured-motorist (UM) coverage may pay your damages. If you do not have UM coverage, you may still have a claim against the at-fault driver personally, although collection is harder. We analyze every available coverage layer.
Do I Have to File an SR-1 With the DMV?
Yes, if the crash involved injury, death, or property damage over $1,000. The deadline is 10 days. Failing to file can lead to license suspension.
How Long Do I Have to File a Car Accident Lawsuit in California?
Two years from the date of the crash for personal injury under Code of Civil Procedure section 335.1. Six months if a public entity is responsible, under Government Code section 911.2. Three years for property-damage-only claims.
What If I Was Partly at Fault?
You can still recover. California is a pure comparative negligence state under Li v. Yellow Cab Co., 13 Cal.3d 804 (1975) and Civil Code § 1714. Your award is reduced by your percentage of fault – a driver found 30% at fault on a $100,000 case still recovers $70,000. Adjusters routinely inflate your share of the blame to lower the payout, which is the main reason not to give a recorded statement without a lawyer.
Should I Give a Recorded Statement to the Other Driver’s Insurance?
Not without a lawyer. You are generally not required to, and adjusters are trained to ask questions designed to hurt your claim.
How Much Does a Car Accident Lawyer Cost?
At Pérez Law, our personal injury cases are contingency. No attorney fee unless we recover. The initial consultation is always free.
Free 24/7 Consultation in English and Spanish
Whatever you are going through, you do not have to figure it out alone. Call (877) 622-5888, (909) 983-2235 for Ontario, or (909) 622-1071 for Pomona. You can also schedule a free consultation online. We answer day and night, in English or Spanish, and the first call is always free.
Past results do not guarantee future outcomes. Every case is different. The information on this page is provided for general informational purposes and is not legal advice. Reading this page does not create an attorney-client relationship.