Car Accident Claims in California
Minimum car insurance in California, whether the state is no-fault, how fault is shared, and the deadline to sue after a crash.
Short answer: If anyone is injured or killed in a collision, the driver must report it to law enforcement within 24 hours; an insurance agent, broker, or legal representative may file the report for the driver. California Driver's Handbook, Section 10 (California DMV); Cal. Veh. Code § 20008
| Reporting a crash to police | If anyone is injured or killed in a collision, the driver must report it to law enforcement within 24 hours; an insurance agent, broker, or legal representative may file the report for the driver. The DMV advises calling 911 right away if anyone is hurt. After hitting a parked car or other property when the owner cannot be found, the driver must leave a note and report the collision to law enforcement. Facts are from the official DMV handbook page. |
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| Crash report to the DMV | Each driver in a collision must file a Report of Traffic Accident Occurring in California (form SR-1) with the DMV within 10 days if anyone was injured (even slightly) or killed, or if property damage was more than $1,000. This applies whether or not the driver caused the collision and even on private property. The SR-1 is required in addition to any police, CHP, or insurance report; law enforcement will not file it for the driver. An insurance agent, broker, or legal representative may file it. The driving privilege is suspended if a required report is not filed. Suspension and private-property details are from the DMV handbook: https://www.dmv.ca.gov/portal/handbook/california-driver-handbook/financial-responsibility-insurance-requirements-and-collisions/ . Separately, driving without required insurance at the time of a collision can lead to suspension for up to 4 years. |
| Leaving the scene (hit and run) | A driver in a collision must stop; failing to stop or leaving the scene is a hit-and-run. The driver should call 911 right away if anyone is hurt, move the vehicle out of traffic if no one is hurt, and show their driver license, vehicle registration, insurance information and current address to the other driver, any officer, and anyone else involved. If the driver hits a parked car or other property and cannot find the owner, they must leave a note with name, phone number and address securely attached, and report the collision to law enforcement. The DMV handbook says the punishment for hit-and-run is 'severe' but does not list specific penalties. |
| Minimum car insurance | Minimum liability insurance is $30,000 for injury or death to one person, $60,000 for injury or death to more than one person, and $15,000 for property damage (30/60/15). Low-income drivers may qualify for the California Low Cost Automobile Insurance Program. |
| Deadline to sue for an injury | A lawsuit for injury to a person (for example, accidents, assault, battery, or negligent or intentional infliction of emotional distress) must generally be filed within 2 years from the date of the injury. If the injury was not discovered right away, the time generally starts when it was discovered or should reasonably have been discovered. |
| Deadline to sue for property damage | A lawsuit for damage to property, such as crashing someone's vehicle, taking personal property (conversion), or trespass, must generally be filed within 3 years from the date the property was damaged. |
More California personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in California
- Wrongful Death Lawsuits in California
- Medical Malpractice Rules in California
- Dog Bite Liability in California
- Slip, Trip and Fall Injuries in California
- Sidewalk and Public Property Falls in California
- Motorcycle Accident Claims in California
- Pedestrian Accident Claims in California
- Bicycle Accident Claims in California
- Uber and Lyft Accident Claims in California
- All California personal injury & wrongful death rules
FAQ
When do you have to report a car accident to the police in California?
If anyone is injured or killed in a collision, the driver must report it to law enforcement within 24 hours; an insurance agent, broker, or legal representative may file the report for the driver. The DMV advises calling 911 right away if anyone is hurt. After hitting a parked car or other property when the owner cannot be found, the driver must leave a note and report the collision to law enforcement.
Do you have to report a car accident to the DMV in California?
Each driver in a collision must file a Report of Traffic Accident Occurring in California (form SR-1) with the DMV within 10 days if anyone was injured (even slightly) or killed, or if property damage was more than $1,000. This applies whether or not the driver caused the collision and even on private property. The SR-1 is required in addition to any police, CHP, or insurance report; law enforcement will not file it for the driver. An insurance agent, broker, or legal representative may file it. The driving privilege is suspended if a required report is not filed.
What are your duties after a car accident in California?
A driver in a collision must stop; failing to stop or leaving the scene is a hit-and-run. The driver should call 911 right away if anyone is hurt, move the vehicle out of traffic if no one is hurt, and show their driver license, vehicle registration, insurance information and current address to the other driver, any officer, and anyone else involved. If the driver hits a parked car or other property and cannot find the owner, they must leave a note with name, phone number and address securely attached, and report the collision to law enforcement.
What is the minimum car insurance required in California?
Minimum liability insurance is $30,000 for injury or death to one person, $60,000 for injury or death to more than one person, and $15,000 for property damage (30/60/15). Low-income drivers may qualify for the California Low Cost Automobile Insurance Program.
What is the statute of limitations for personal injury in California?
A lawsuit for injury to a person (for example, accidents, assault, battery, or negligent or intentional infliction of emotional distress) must generally be filed within 2 years from the date of the injury. If the injury was not discovered right away, the time generally starts when it was discovered or should reasonably have been discovered.
How long do you have to sue for property damage in California?
A lawsuit for damage to property, such as crashing someone's vehicle, taking personal property (conversion), or trespass, must generally be filed within 3 years from the date the property was damaged.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.