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What to Do After a California Car Accident: Legal & Insurance Checklist

Author: CA Legal Source Injury Research UnitReviewed By: California Legal Compliance PanelLast Reviewed: January 28, 2025 5 min read
Executive Summary

A practical step-by-step guide on evidence gathering, DMV SR-1 reporting requirements, medical care, and pure comparative negligence rules.

# What to Do After a California Car Accident: Legal Checklist Taking the correct steps immediately following a motor vehicle collision in California protects your health and your legal rights to fair compensation. ## Immediate Action Steps at the Scene: 1. **Ensure Safety & Call Emergency Services**: Contact California Highway Patrol (CHP) or local police. 2. **Exchange Driver & Insurance Info**: Collect name, phone, driver license number, license plate, insurer name, and policy number. 3. **Photograph the Scene**: Capture vehicle damage, street signs, weather, skid marks, and visible injuries. 4. **Obtain Witness Statements**: Get names and contact info for any eyewitnesses. 5. **Seek Immediate Medical Attention**: Many internal and soft-tissue injuries manifest hours or days later. ## Mandatory California DMV SR-1 Form: Under California Vehicle Code § 16000, you **must file an SR-1 form with the DMV within 10 days** if the accident caused injury, death, or property damage exceeding $1,000, regardless of who was at fault. ## Understanding California Comparative Fault: California applies pure comparative fault: even if you are deemed 20% responsible for an accident, you can still recover 80% of your total allowable damages from the other party.
Primary California Legal Authorities & Citations
California Vehicle Code § 20002 & § 20008 (Accident Reporting) (Cal. Veh. Code § 20008)Official Source
California Code of Civil Procedure § 335.1 (Cal. CCP § 335.1)Official Source
Li v. Yellow Cab Co. (Pure Comparative Fault) (13 Cal. 3d 804 (1975))Official Source

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Disclaimer: This guide provides general legal information on California law and does not constitute formal legal advice. Deadlines apply to California legal claims.