The first ten days after a California crash carry legal obligations many drivers have never heard of, and they start the clock on two deadlines that can end a claim. People tend to learn about the DMV report when their license is suspended, and about the six-month government claim deadline after it has passed.
Day 0, at the scene: what the Vehicle Code requires
If anyone other than you is hurt or killed, Vehicle Code section 20001 requires you to stop immediately and do what sections 20003 and 20004 require. Leaving is a crime whether or not you caused the crash.
Vehicle Code section 20003 spells out those duties:
- Give your name and current residence address, the names and addresses of anyone in your vehicle who was hurt, the registration number of the vehicle you are driving, and the owner’s name and address to the person struck or the other driver, and to any officer at the scene.
- Show your driver’s license if asked.
- Give reasonable assistance to anyone injured, including taking them, or arranging for them to be taken, to a doctor or hospital if treatment is clearly needed or the injured person asks.
If someone was killed and no officer is at the scene, section 20004 requires you to report the crash without delay to the nearest California Highway Patrol office or police department.
If only property was damaged, section 20002 still requires you to stop and either give the owner of the damaged property your name and address and the vehicle owner’s, or leave a note with that information and what happened, and notify the police or CHP.
Vehicle Code section 16025 requires drivers to exchange names, addresses, driver’s license numbers, vehicle identification numbers, the registered owner’s address, and insurance details: the insurance company’s name and address and the policy number. Photograph the other driver’s license, registration, and insurance card instead of copying them by hand. One wrong digit in a policy number can stall a claim for weeks.
Day 0: see a doctor the same day
Go to an emergency room or urgent care the day of the crash, even if you feel mostly fine. Adrenaline can mask pain, and neck, back, and head injuries often feel worse over the next few days than at the scene.
When the first medical visit comes days or weeks after the crash, the other driver’s insurer will often argue that something else caused the injury. A same-day record that lists every area that hurts makes that argument harder. Tell the provider about every symptom, including the ones that seem minor, and follow up on every referral. Our guide to the medical records that matter in an accident claim explains which records carry the most weight.
Days 0 to 2: photos, witnesses, and your own notes
Evidence disappears quickly. Cars get repaired, skid marks fade, and many businesses record over camera footage on a routine cycle. In the first 48 hours:
- Photograph both vehicles from several angles, plus the intersection, signals, skid marks, debris, and road conditions.
- Get names and phone numbers of witnesses. A neutral witness is often the most persuasive evidence on fault.
- Note any business or home with a camera facing the road, and ask them in writing to save the footage.
- Photograph visible injuries now, and again as bruising develops.
- Write down what you remember: direction of travel, signal color, lanes, and anything the other driver said.
Within 24 hours: the written report to CHP or police
For a crash that injured or killed anyone, Vehicle Code section 20008 requires each driver to make, or cause to be made, a written report to the CHP within 24 hours. If the crash happened inside a city, the report can go to the CHP or that city’s police department.
If officers came, get the report number and the officer’s name and badge number before you leave. If nobody responded, call the CHP or the local police department that day and ask how to file the written report.
The first few days: insurance calls
Your own insurer
Report the crash to your own insurance company promptly. Your policy almost certainly requires prompt notice and cooperation, and late notice hands your own carrier an argument against coverage you pay for.
Ask two questions on that first call. First, do you carry medical payments coverage, usually called med pay? It is optional coverage that pays medical bills up to a set limit no matter who caused the crash, and many people only find out they have it from the declarations page. Second, what are your uninsured and underinsured motorist limits? That coverage matters if the other driver has no insurance or too little. Our page on uninsured motorist claims explains how it works.
The other driver’s insurer
The other driver’s insurer will likely call within a day or two and ask to record your account. You are generally not required to give the other side’s insurer a recorded statement, and giving one before you know the extent of your injuries rarely helps you. Confirm your name and that you were involved, and say you are not giving a recorded statement. Our post on whether to give the adjuster a recorded statement explains why. Do not sign a medical authorization or a release they send.
Within 10 days: the DMV SR-1 report
This is the step people miss. Vehicle Code section 16000 requires a driver involved in a crash to report it to the DMV within 10 days if anyone was injured or killed, or if property damage to any one person was more than $1,000. The statute applies to a driver “in any manner involved,” so it applies even if the crash was not your fault.
The report goes on the DMV’s own form, the SR-1. You can file it yourself or through your insurance agent, broker, or legal representative, and it must identify anyone involved who complained of an injury. A police report or a call to your insurer does not take its place.
Under Vehicle Code section 16004, the DMV must suspend the driving privilege of anyone who fails to make the report, and the suspension lasts until the DMV receives the report or proof of financial responsibility.
The deadlines that started on Day 0
- Two years to file a personal injury lawsuit in most cases, under Code of Civil Procedure section 335.1.
- Six months to present a written claim if a public entity is involved, under Government Code section 911.2. That includes a crash with a city bus or a county or state vehicle, and a crash caused by a dangerous condition of public property, such as a broken signal or hidden roadway defect, under Government Code section 835.
The six-month rule is the one most likely to end a claim. People often do not realize a government vehicle or a road condition played a part until months later. If there is any chance a public agency is involved, count six months from the date of the crash and look into it during the first ten days, not the fifth month. After six months, Government Code section 911.4 lets you apply to file a late claim for up to a year after the crash if you explain the delay, but the agency can deny it. If the other driver was clearly at fault, our guide for drivers in a crash that was not your fault covers what comes next.
What to do this week
- Get medical care today if you have not, and keep every follow-up appointment.
- Get the police or CHP report number, or file the written report if no officer responded.
- Mark the SR-1 deadline on your calendar: 10 days from the crash date.
- Report the crash to your own insurer and ask what med pay and uninsured motorist coverage you carry.
- Decline the other insurer’s request for a recorded statement, and do not sign a release or authorization they send.
- Write down whether any government vehicle, signal, or road condition was involved, and mark six months from the crash date.
About the author. Joshua B. Adelpour is the founder of Not My Fault Law Group, APC, a California personal injury firm based in Woodland Hills. He is licensed by the State Bar of California, Bar No. 318226, and spent nearly a decade defending insurance companies in civil litigation before opening the firm. Call (213) 800-0706 for a free consultation.
This article is general information about California law and is not legal advice. Reading it does not create an attorney client relationship. Every case depends on its own facts. Last updated October 6, 2026.