Whether it’s a minor fender bender, a side swipe or a full-on crash, what you do right after a car accident in California will shape what your claim is worth. California has strict reporting deadlines, and missing certain steps, such as filing a SR-1 form can cost you your license and your right to compensation entirely, no matter how clearly the other driver was at fault.
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1. Ensure Safety
Move out of live traffic if the vehicle is drivable, such as the right shoulder or the nearest exit. A disabled car sitting in a live freeway lane is more dangerous than most original collisions, and can lead to more collisions. Turn on your hazards and check for injuries.
2. Call 911, Even If It Seems Minor
Many people skip this because they think they feel fine, believe the damage looks cosmetic, or think it isn’t a big enough deal. However, adrenaline masks pain and injuries connected to the car accident may be undervalued without having this track record. A responding officer also creates a traffic collision report: an independent record of the vehicles, the parties, the conditions, and often an opinion on who violated which Vehicle Code section. Especially if anyone was injured, you must report the crash to the CHP or city police within 24 hours under Vehicle Code section 20008.
3. Get Information From Everyone, Especially Witnesses
Get each driver’s name, phone, address, driver’s license number, insurance carrier and policy number, plate, and the registered owner’s name if it differs. Afterwards, get the contact information of witnesses and bystanders. This is the part that many people skip, and people lose out on invaluable evidence like dash cam footage from alternate angles. Also, keep the exchange factual. Do not apologize or speculate about fault. Phrases like “I’m sorry” or “I feel fine” may get used against you later as an admission of guilt or to downplay your injuries.
4. Photograph More Than the Damage
Your phone is the best evidence tool you have, and taking note of as much as you can will help build a strong foundation for a claim. Capture the vehicle positions before anything is moved, every vehicle’s damage from multiple distances, license plates, skid marks and debris, the traffic signals and signage, the lane markings, road conditions, lighting and weather, and any visible injuries. Then write down the date, time, cross streets, direction of travel and which lane each car occupied, while fresh in your mind.
5. Contact Braff Law Firm
Call Braff Law Car Accident Personal Injury Lawyers at (213) 370-2483 or visit brafflawfirm.com. Failing to report your crash to the DMV and missing the deadline for the SR-1 form, which is due within 10 days of your car accident, can lead to license suspension. Our car accident attorneys handle the legal paperwork, preserve evidence, handle insurance negotiations, and pursue maximum compensation for you by proving your injuries while you recover.
The Deadlines and Missed Forms That End Claims Early
- 1. The DMV SR-1:California requires an SR-1 report within 10 days of the car accident if anyone was injured or killed, and or if property damage to any one party exceeds $1,000. This can be submitted by yourself, or representatives such as an insurance agent, broker, family member, or legal representative, such as a car accident lawyer. Note that the SR-1 is required in addition to any police report and any insurance claim; neither one satisfies it. The penalty is suspension of your driving privilege.
- 2.Insurance Claim Forms: Notifying your insurance within a reasonable time is important for connecting the damage to your car accident in California. While notifying your insurance is necessary, be careful about giving a recorded statement or unnecessary details. Allow your car accident personal injury lawyer to handle communications and protect your rights. These seemingly friendly calls and a polite “I’m fine” may just cost you your whole car accident injury claim.
- 3. Government Entity Claim Forms: California and its many counties, regions, and incorporated cities have specific forms. If a city bus, county vehicle, public employee or dangerous roadway condition contributed to your crash, Government Code section 911.2 requires an administrative claim within six months. Untangling who is liable for your injury and where to file is what our car accident injury lawyers excel in.
- 4. The Statute of Limitations: Generally, Code of Civil Procedure section 335.1 gives you two years from the date of injury to file a personal injury lawsuit. Property damage alone gets three years. Wrongful death runs two years from the date of death. Certain exceptions involve delayed discovery, vulnerable plaintiffs like minors or fleeing defendants may give extensions, but it’s important to be as timely as possible.
Accident on a Highway or Freeway? Contact Braff Law Firm in Los Angeles NOW
Evidence disappears, witnesses move on, and deadlines pass quietly. If you have been injured in a collision anywhere in California, call Braff Law Firm at (213) 370-2483. Our car accident lawyers are available 24/7 to review your claim and explain what it’s worth without any cost or obligation. Since our California car accident lawyers work on contingency, there’s no fee unless we win.
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Download the free checklist (PDF) 
