Short answer: get medical care immediately, report the crash, document everything, do not give a recorded statement to the other driver’s insurer, and know your deadlines, generally two years to file a personal injury lawsuit (Cal. Code Civ. Proc. § 335.1), but only six months to file a government claim if a public entity is involved (Gov. Code § 911.2). Exceptions exist in both directions, so confirm your exact deadline with an attorney.
At the scene
Check for injuries and call 911, a police report becomes key evidence, and California law requires reporting crashes involving injury or death to law enforcement. Exchange license, registration, and insurance information with every driver involved. Photograph vehicle positions before they’re moved if it’s safe to do so, then damage, skid marks, signals, road conditions, and your visible injuries. Get names and phone numbers of witnesses before they leave, a 30-second ask at the scene is often the difference between a provable case and a your-word-against-theirs dispute.
Separately from the police report, California requires reporting accidents involving injury, death, or over $1,000 in property damage to the DMV within 10 days on Form SR-1. Your attorney or insurer can help you file it; missing it can risk your license even if the crash wasn’t your fault.
In the first 72 hours
See a doctor even if you “feel fine.” Soft-tissue injuries, concussions, and internal injuries commonly surface days after a crash, when adrenaline fades. This matters medically, and it matters to your claim: the gap between crash and first treatment is the single number insurance adjusters use most to devalue injuries. If a doctor recommends follow-up care, physical therapy, or imaging, go, skipped appointments get read as “not really hurt.”
Notify your own insurance company promptly; your policy requires cooperation with your own insurer (this is different from talking to the other driver’s insurer, see below). Request the police report number if you don’t have it yet.
In the first weeks
Start a file and keep everything in one place: photos, the report number, medical records and bills, prescriptions, receipts for anything the crash cost you, mileage to appointments, and a simple log of missed work days and how your injuries affect daily life. If your case involves a commercial truck, a rideshare, or a government vehicle, evidence preservation letters need to go out fast, dashcam footage, driver logs, and maintenance records are routinely overwritten within weeks.
What not to do
- Don’t give a recorded statement to the other driver’s insurance company. You have no obligation to, and adjusters are trained to lock you into wording that hurts your claim later.
- Don’t accept a quick settlement before you know the full extent of your injuries. Early offers arrive precisely because a signed release ends the claim permanently, including for injuries you haven’t discovered yet.
- Don’t post about the accident on social media. Defense adjusters and attorneys check. A single gym photo can be spun against a legitimate back injury.
- Don’t assume partial fault kills your case. California follows pure comparative negligence: your recovery is reduced by your percentage of fault, but even a driver who was mostly at fault can recover the remainder.
- Don’t wait near a deadline to get advice. Cases get stronger with early investigation and weaker with every week of delay.
The deadlines that end cases
- Two years from the accident to file a personal injury lawsuit (CCP § 335.1)
- Six months to present a claim against a city, county, or state entity (Gov. Code § 911.2), this catches people constantly: bus crashes, city vehicles, dangerous road conditions, sidewalk falls
- Three years for property damage (CCP § 338)
- Ten days for the DMV SR-1 report
- Insurance policy deadlines for UM/UIM claims can be shorter than any of these, read your policy or have an attorney read it
Exceptions can extend some deadlines, for example, for minors or where an injury is discovered later, and others can shorten your practical window. The only reliable way to know your deadline is to have an attorney confirm it against your facts.
How fault and payment actually work in California
California is an at-fault state: the negligent driver (through their insurer) pays for the harm they cause. Since 2025, minimum liability policies are $30,000 per injured person and $60,000 per accident, often far less than a serious injury costs. That’s why a real case evaluation looks beyond the other driver’s policy: your own uninsured/underinsured motorist (UM/UIM) coverage, MedPay, employer liability if either driver was working, and vehicle or roadway defects can all be sources of recovery. If the at-fault driver fled or was uninsured, your UM coverage can step in, and using it for a crash that wasn’t your fault shouldn’t raise your premium. The same UM coverage applies if you were hit as a pedestrian by an uninsured or hit-and-run driver.
When to call a lawyer
If anyone was injured, fault is disputed, a commercial vehicle or government entity is involved, or the insurer is pressuring you to settle, talk to an attorney before you sign anything. Consultations are free, and personal injury attorneys work on contingency: no fee unless you recover. Bring whatever you have (photos, report number, medical visits so far); an attorney can fill the gaps from there.
Frequently asked questions
Do I have to talk to the other driver’s insurance company? No. You can decline politely and refer them to your attorney. You do have to cooperate with your own insurer.
The insurer already offered me money, should I take it? Not before you know the full extent of your injuries and your case’s value. A release is permanent.
What if the other driver was uninsured or fled? Your own UM coverage may compensate you. Check your policy before assuming you have no case.
What if I was partly at fault? You can still recover under California’s comparative negligence rule, reduced by your share of fault.
What if I was hurt while driving for work? You may have both a workers’ compensation claim and a personal injury case against the at-fault driver. These interact, get advice before settling either.
Reviewed by Shawn Abdi, Esq., Abdi & Associates, Inc. Last reviewed: August 31, 2026.
Attorney advertising. This guide is general information, not legal advice about your specific situation. Legal deadlines have exceptions, confirm yours with an attorney. Past results do not guarantee future outcomes.
Related: our Los Angeles car accident lawyer page and our personal injury overview.