California Car Accident Report: What to Do if Someone Hit Your Car
A sudden bump, a screech of brakes, and your day changes. When another driver hits you on a California road, you have clear legal duties and practical steps that protect both your health and your right to compensation. Follow this guide the moment the crash happens and through the days that follow.
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Secure the Scene First
Your safety comes before paperwork. If someone hit your car, pull to a safe area if the vehicles still move, switch on hazard lights, and stay out of traffic lanes. Call 911 for injuries, fire, or obvious road hazards; EMTs and law enforcement keep the scene controlled. California law also requires you to stay at the scene until you exchange information — leaving could turn a simple crash into a hit-and-run offense.
Before we list the must-do actions at the scene, remember that calm, clear thinking now prevents bigger headaches later. Keep your phone handy for photos and note-taking.
- Check for injuries: Start with yourself, then passengers, then the other driver.
- Call 911 if anyone is hurt or if vehicles can’t move: Officers create an official police report you will need later.
- Use flares or cones if available: Extra visibility reduces the risk of a second collision.
Swap and Record Vital Details
Once emergency needs are handled, gather information. Two to three minutes of careful note-taking can save weeks of back-and-forth with insurance.
- Driver details: name, address, phone, license number.
- Vehicle details: make, model, year, color, and every license plate involved.
- Insurance data: company name, policy number, and agent phone.
- Scene evidence: photos of vehicle damage, road debris, skid marks, traffic signs, and weather conditions.
- Witness contacts: neutral third parties strengthen fault arguments.
Report to Law Enforcement Without Delay
If an officer did not arrive, you must still report any crash that causes injury or death within 24 hours to the California Highway Patrol (CHP) or the local police department under Vehicle Code § 20008. An officer’s written report usually meets this requirement. If none is made, file your own at the station or by mail.
File the DMV SR-1 Form on Time
California adds a second paperwork step. Within 10 days you (or your insurance agent) must submit Form SR-1 to the DMV when anyone is injured — even slightly — or when property damage to any single person exceeds $1,000. Skip this filing and the DMV can suspend your license until the form is received.
Call Your Insurer and Keep Evidence
Insurance policies require “prompt” notice. Call your carrier as soon as you are safe and have basic facts. Provide only facts, not blame. Keep copies of every repair estimate, towing bill, rental-car invoice, and medical receipt. A simple folder or cloud drive helps you prove losses quickly.
Before listing what to collect after the first phone call, know that thorough documentation speeds claims and strengthens negotiation power.
- Repair invoices and photos of repairs in progress.
- Medical bills, prescriptions, and therapy receipts.
- Mileage logs for medical visits.
- Wage statements if you miss work.
Get Checked and Track Medical Costs
Adrenaline can hide injuries. See a doctor within 24-48 hours even if you feel fine. Follow all treatment plans and keep every receipt. Consistent medical records tie your injuries to the crash and prevent insurers from arguing that you delayed care.
Fault Rules That Affect Your Claim
California follows a pure comparative negligence rule. You can recover damages even if you were mostly at fault, but your award drops by your percentage of blame — 20% at fault means you collect 80% of proven damages.Because each driver’s actions are examined, photos, witness statements, and police reports become critical.
California Car Accident Report Deadlines You Can’t Miss
- Personal injury lawsuit: two years from the crash date.legalclarity.org
- Property-only lawsuit: three years for vehicle or other property damage.
- Claims against government vehicles: six months for injury, one year for property; file a government claim first.
Waiting too long bars you from court, so mark the dates the day of the crash.
Someone Hit Your Car? FAQs
1. Do I always need to call the police?
Yes, if anyone is hurt or vehicles block traffic. If injuries exist and no officer comes, you must report within 24 hours to CHP or local police.
2. What happens if I skip the SR-1?
The DMV can suspend your license until the form is filed, and insurers may deny coverage citing non-compliance.
3. Can I sue if I’m 90% at fault?
Yes. Under pure comparative negligence, you may still recover 10% of your damages.
4. Is there a deadline to tell my insurance company?
Policies vary, but “prompt” means within a few days. Late notice can void coverage, so call as soon as you are safe.
5. Do I need a lawyer for minor crashes?
If injuries and damage are small and liability is clear, you can handle the claim yourself. Seek counsel when medical bills, lost wages, or fault disputes grow.
6. What if the driver who hit me is uninsured?
Your uninsured/underinsured motorist coverage can pay medical bills and lost wages. File a claim quickly — your policy may have a 30-day notice window.
7. How do I get a copy of the California car accident report?
Contact the responding agency’s records unit or request it online (fees range $10-25). Provide a report number, date, and your ID.
When Legal Help Makes Sense
Call an attorney when injuries are serious, the police report is unclear, or the insurer disputes fault. A California-focused car accident lawyer can collect black-box data, subpoena surveillance footage, and negotiate with adjusters while you heal.
A collision is stressful, but following these steps keeps you legally compliant and positions you for a fair recovery. Plan ahead: store a blank SR-1 form link, medical insurance card, and a pen in your glove box. Prepared drivers protect themselves — and others — when accidents strike.
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