california auto accident guide

Auto Accident Basics

Disclaimer


Do I have to stop if I'm in an auto accident?

Yes. If you drive away, you could be charged with hit and run.  You can receive a fine, lose your license and even be sent to jail.  This is true even if the accident is not your fault. 


See CA Vehicle Code section 20001 and 20002.


Do I have to call the police?

Yes, if anyone is injured or killed. You must report the accident to the CHP or the local police within 24 hours of the accident. We recommend calling the police from the scene of the accident.  They will conduct an investigation, gather information, preserve evidence, take photos and prepare a police report.  This will be very helpful in your claim.


See CA Vehicle Code section 20008.


Do I have to exchange information?

Yes.  You are required to exchange the following information with the other drivers.


  1. Your name, address and driver's license.
  2. Your car insurance name and policy number. 
  3. Your car's registration number. 
  4. The names and addresses of your passengers who are injured.
  5. The name and address of the owner of the car you are driving. 


See CA Vehicle Code section 20003 and 16025.


Do I have to report to the DMV?

Yes. If damage to any car is over $1,000, or anyone is injured or killed, you must file a SR-1 Report within 10 days of the accident.


Do I tell my insurance company?

Yes.  Failure to report the accident to yur insurance company could result in a denial of coverage.  But be careful!  Anything you say can be used to minimize or deny your claim.  You should consult an attorney before giving any statement to any insurance company.


What should I do if someone is injured?

You are required to provide reasonable assistance to anyone injured in your accident. You should call 911 immediately.  Unless you have first aid training do not attempt to move a badly injured person unless that person is in immediate danger of being severely injured, burned or killed.


See CA Vehicle Code section 20003.


Should I move my car after an accident?

If your accident is minor and no one is injured, move you car to a safe location. If your accident involves injuries, call 911 and wait for the police to arrive before moing your cars so they can properly investigate the accident and determine who is at fault. If your car is blocking traffic, raise your front hood and turn on your hazard lights.


Tip:  Carry warning lights in your trunk to use in the event of an accident.


What information should I gather?

  1. For each driver:  Name, address, phone, driver's license, name of insurance and policy number.
  2. For each car: Year, make. model and license plate.
  3. For each passengers in each car: Name, address and phone.
  4. Photograph and video everything:  The scene, the vehicles from all angles, location of vehicles, the people involved, skid marks and other collision debris, street defects, and obstructions or construction. 
  5. Video Footage of the Accident?  Scan the surrounding area to see if there are any houses, buildings or stores that might have security cameras that recorded the accident.



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