Car accidents in California: what to do and who pays

At the scene and reporting a crash in California

Always stop and help anyone who is hurt. Leaving the scene of a crash is a crime in every state.

When to call the police

Stop. Call 911 right away if anyone is hurt. Show your driver's license, registration, insurance and address to the other driver, police and anyone else involved. If anyone is injured or killed, you must report the crash to law enforcement (police or CHP) within 24 hours; your insurance agent, broker or legal representative can file it for you. If you hit a parked car or other property and can't find the owner, leave a note with your name, phone number and address, and report it to law enforcement.

Damage amount

$1,000

Report to the state

Each driver must file form SR-1 (Report of Traffic Accident Occurring in California) with the DMV within 10 days if anyone was injured (even slightly) or killed, or property damage is over $1,000. This applies whether or not you caused the crash and even on private property. It is in addition to any police, CHP or insurance report; police will not file it for you. Your license will be suspended if you don't file it. File online at dmv.ca.gov/accidentreport or on the printable form.

Deadline for your report

10 days

Law

California DMV SR-1 page, SR-1 form (required under Divisions 6 and 7 of the Vehicle Code) and California Driver Handbook, Section 10

Official text

Read the official text

First 24 hours after a crash in California

Tick the boxes as you go, or print the list and keep it in your glove box.

Insurance system in California

California is a fault (tort) state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

System

Fault (tort)

PIP, benefits and when you can sue

No PIP is required. California is a fault (tort) state: the at-fault driver and their liability insurance pay for the other people's injuries and property damage. Required insurance is liability coverage (or another form of financial responsibility).

Law

California DMV, Auto Insurance Requirements (Cal. Ins. Code § 11580.1b); CACI No. 405

Official text

Read the official text

Compare every state in the no-fault states table.

Who pays: comparative fault in California

Rule

Pure comparative

What it means

In California, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault.

Law

Li v. Yellow Cab Co. (1975) 13 Cal.3d 804; Judicial Council of California Civil Jury Instructions (CACI) No. 405 (2025) — your damages are reduced by your percentage of responsibility, with no bar

Compare every state's rule in the comparative negligence table.

Who pays in California: fault and payout explainer

If both drivers share the blame, your state's comparative-fault rule decides whether you can recover and how much. Enter your share of the fault and your total damages to see what the rule means. This is an illustration, not a prediction: insurers, juries and judges decide the percentages.

Minimum insurance in California

Liability minimum

30/60/15

Official text

Read the official text

Numbers like 25/50/25 mean $25,000 for injury to one person, $50,000 for all injuries in one crash and $25,000 for property damage. Compare every state in the minimum insurance table.

Getting the police report in California

For crashes handled by the California Highway Patrol, request the report through the CHP 'Request a Traffic Crash Report' link, which opens the CHP Online Crash Report System (https://crashes.chp.ca.gov/). For crashes handled by a city police department or county sheriff, ask that agency. Fees vary by agency.

You can also ask by mail with our free police report request letter.

Filing a claim and insurer deadlines in California

Put your claim in writing. Our free insurance claim letter lists your damages and asks for a written answer.

If the other driver has no insurance in California

Insurance is required on every vehicle driven or parked on California roads, and insurers report coverage to the DMV electronically. If the DMV gets no proof of insurance, the registration is suspended. If you are in a crash without proper insurance, your driving privilege is suspended for up to four years, no matter who was at fault; you can get it back for the last three years by filing an SR 22/SR 1P certificate and keeping it for three years (DMV). If you can't afford insurance, you may qualify for the California Low Cost Automobile Insurance Program (mylowcostauto.com, 1-866-602-8861). If an uninsured driver hits you, you can sue that driver or use your own uninsured motorist coverage if your policy has it.

Read what to do if you are hit by an uninsured driver.

Deadlines to sue in California

Property damage (your car)

3 years

Injury

2 years

Notes, including claims against a government

Before suing a city, county or state agency (or its employee), you must first file a written claim with that agency: within 6 months for an injury to you or damage to your property. The agency has 45 days to answer. If it denies the claim, you have 6 months from the date the denial was mailed to file your lawsuit (California Courts Self-Help Guide; Gov. Code §§ 905, 911.2).

Law

Cal. Code Civ. Proc. § 335.1 (personal injury, 2 years) and § 338 (damage to property, including crashing your vehicle, 3 years), per California Courts Self-Help Guide

The deadline is the statute of limitations. Insurance claims and talks with an adjuster don't stop it. Compare every state in the deadlines table.

Deadline to sue in California

Every state limits how long you have to file a lawsuit after a car crash. This is the statute of limitations. Choose your state, the type of claim and the date of the crash to see the usual deadline and the last day to file. Nothing you type here is sent anywhere.

Small claims for property damage in California

Small claims limit

$12,500 for people and sole proprietors, $6,250 for businesses; only two claims over $2,500 per year.

California small claims guide on Small Claims Map

Small claims court can be a way to recover the cost of repairs from the driver who caused the crash. Read how to use small claims for car damage.

Insurance complaints in California

If an insurer delays, underpays or denies a claim without a good reason, you can file a complaint with the state insurance regulator:

• California Department of Insurance, Consumer Services · 1-800-927-4357

Free help in California

• California Department of Insurance, Consumer Hotline · 1-800-927-4357
• California DMV, SR-1 accident reporting
• California Low Cost Automobile Insurance Program · 1-866-602-8861
• California Courts Self-Help Guide, deadlines to sue
• California Courts Self-Help Guide, claims against a government agency

Good to know in California

• California uses pure comparative fault: even if you were mostly at fault, your damages are only reduced by your share (CACI No. 405, Li v. Yellow Cab).
• Every driver in a crash with any injury or over $1,000 damage must file an SR-1 with the DMV within 10 days, even if police made a report (DMV).
• Driving uninsured and getting into a crash can cost you your license for up to four years, whoever was at fault (DMV Driver Handbook).

Changes in 2024–2026

Minimum liability limits are now 30/60/15 (California DMV).

Free letters

Questions about car accidents in California

Other states