After a car accident that was not your fault in California, call 911, get the report number, photograph everything, and exchange information. File the DMV SR-1 within 10 days. See a doctor the same day. Report it to your own insurer, but do not give the other driver’s insurer a recorded statement or sign anything before talking to a lawyer.
A not-at-fault car accident claim is a claim against the other driver’s liability insurance for your injuries, your car, and your lost time. If you are searching “car accident not my fault, what to do,” this guide walks through each step in order. It applies to California claims. Every case is different.
What should you do first after a car accident that was not your fault?
Stop, check for injuries, and call 911. Ask for police even if the other driver wants to “handle it without insurance.” A crash with no report is your word against theirs, and the other driver’s insurer knows it.
Which agency responds depends on where the crash happened. On a freeway like the 10, the 210, the 57, the 60, or the 605, the California Highway Patrol handles it. On a city street, the city police department responds. San Dimas is covered by the Sheriff’s San Dimas Station. If you are hurt and no officer writes a report at the scene, Vehicle Code section 20008 gives you 24 hours to report it in writing to the CHP or the city police.
Move the cars out of traffic if you safely can, but photograph where they came to rest first. Do not apologize, and do not say you are fine.
How do you get the police report, and why does it matter?
The police report is the first thing the adjuster reads, and it usually says who the officer believes caused the crash.
For a freeway crash, the CHP writes its findings on the CHP 555 Traffic Collision Report. You request a copy from the CHP Area office that handled the crash by submitting a CHP 190, the Application for Release of Information, with a copy of your ID and a small copy fee. For most of the 10 and the 210 through the San Gabriel Valley, that is the CHP Baldwin Park Area at 14039 Francisquito Ave. in Baldwin Park.
For a city street crash, request the report from the records unit of the department that responded. Once you hire a lawyer, the firm orders it and reads the narrative, the diagram, and the party statements to lock down fault early.
What should you collect at the scene, and do you still have to file the SR-1?
Collect everything you can before the cars move and the witnesses leave. Vehicle Code section 16025 requires every driver to exchange a name, address, driver’s license number, vehicle identification number, registered owner information, and insurance company and policy number. Refusing is an infraction.
- 1Photograph both cars. All four sides, the damage up close, the plates, and where each car came to rest.
- 2Photograph the scene. Skid marks, debris, traffic signals, lane markings, and the view each driver had.
- 3Photograph the other driver’s documents. License, registration, and insurance card.
- 4Get witness names and phone numbers. Witnesses leave in minutes.
- 5Look for cameras. Businesses, doorbells, and dash cams often catch the crash. Footage is usually overwritten within days.
Then file the DMV SR-1. Under Vehicle Code section 16000, every driver in a crash with an injury, a death, or more than $1,000 in damage to any one person’s property must report it to the DMV within 10 days. The form is the DMV Report of Traffic Accident Occurring in California (SR-1). It is required regardless of fault, a police report does not satisfy it, and the DMV can suspend your license if you skip it. Your attorney can file it for you.
Should you get checked out even if you feel fine?
Yes. Go to the emergency room or an urgent care the same day, even if you feel fine at the scene. Adrenaline hides pain. Neck, back, and shoulder injuries and concussions often do not show up until the next morning.
This matters for two reasons. The first is your health. The second is your claim. The other driver’s insurer will look for a gap between the crash and your first visit. If you waited two weeks, the adjuster will argue you were not hurt in the crash. A same-day visit and steady treatment close that door.
Tell the doctor about every part of your body that hurts. If cost is the worry, our post on who pays the medical bills after a California car accident explains how treatment gets covered while the claim is pending.
Not sure what to do next? You can call Morales Law Firm for a free consultation before speaking with the insurance company, and there is no fee unless we win.
Call (626) 521-5402
Who do you report the crash to, and what will the other driver’s insurer try?
Report the crash to your own insurance company promptly. Your policy requires it, and you may need your own coverage for the car, your medical bills, or an uninsured driver. You do not have to report it to the other driver’s insurer at all, and you are not required to give them a recorded statement.
The other driver’s adjuster will often call within a day or two. In our practice we see the same four moves. First, a quick, low offer, often before you have finished treating. Second, a request for a recorded statement, with questions built to get you to minimize your injuries or accept a share of fault. Third, a blanket medical authorization that opens your entire medical history. Fourth, a release. A California general release usually includes a waiver of Civil Code section 1542, which means you give up even the claims you do not know about yet. Sign it, and a disc injury found a month later is your problem.
Be polite, confirm your contact information, and say your attorney will be in touch. See our post on whether to accept the first settlement offer after a car accident for the early-offer problem.
In our experience, one of the biggest mistakes injured people make after a crash is giving the other driver’s adjuster a recorded statement in the first week, when they are sore, medicated, and unsure what is wrong. That mistake can matter because every “I think I’m okay” and every guess about speed or distance gets quoted back later to cut the claim or shift fault. If you are dealing with this issue, save the claim number and every letter, and do not give a recorded statement, sign a medical authorization, or sign a release before speaking with an attorney.
Who pays for your car repairs, rental, and medical bills?
You have two ways to get your car fixed. The first is a property damage claim against the other driver’s liability insurance. Once that insurer accepts fault, it pays for repairs, or the actual cash value if the car is a total loss, plus a rental for the repair period. The catch is timing. The other insurer pays nothing until it finishes its investigation.
The second is your own collision coverage, if you carry it. Your insurer fixes the car now, and you pay your deductible. Your insurer then collects from the other driver’s insurer, which is called subrogation, and refunds your deductible when it does. In most not-at-fault cases this route is faster.
Medical payments coverage, called MedPay, is an optional part of your own auto policy that pays medical bills for you and your passengers regardless of fault, up to the limit you bought. Health insurance covers the rest, and the injury claim reimburses those costs at the end.
What if the other driver is uninsured or drove off?
If the other driver has no insurance, or fled, your own uninsured motorist coverage steps in. Under Insurance Code section 11580.2, every California auto policy includes uninsured motorist bodily injury coverage unless you rejected it in writing. It pays what the at-fault driver’s insurance would have paid, up to your UM limit.
Hit-and-run claims carry two extra rules under section 11580.2(b). There must have been physical contact between the other car and you or your car, and the crash must be reported to the police within 24 hours. You then have 30 days to give your insurer a sworn statement that you have a claim against an unknown driver. Report every hit-and-run the same day.
A UM claim is a claim against your own insurer, but the adjuster still works for the company. Our uninsured motorist claim page explains how these claims work, and our post on what happens after you are hit by an uninsured driver in California covers underinsured coverage when the other driver carries only the state minimum.
What if the other driver says the crash was your fault?
You can still recover. California follows pure comparative negligence, the rule the California Supreme Court adopted in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. Each driver is assigned a percentage of fault, and your recovery is reduced by your share. If the other driver is 80 percent at fault, you recover 80 percent of your damages.
Fault disputes are won or lost on evidence gathered in the first two weeks. The police report and its diagram. Photos of the damage. Witnesses. Video from a nearby business or a dash cam. The other driver’s own words at the scene. The “you were partly at fault” letter often arrives before any of that evidence has been collected.
Do not argue fault with the adjuster on the phone. Put the argument in writing with the proof attached. If the insurer still denies liability, a judge or jury decides.
How long do you have to file a claim in California?
Two years from the date of the crash to file a lawsuit for your injuries, under Code of Civil Procedure section 335.1. If a government vehicle or a dangerous road condition was involved, such as a city truck, a sheriff’s car, a Foothill Transit bus, or a Caltrans crew, you must first present a written claim to that agency within six months under Government Code section 911.2, or the claim is usually lost.
Uninsured motorist claims have their own clock. Under Insurance Code section 11580.2(i), within two years of the crash you must have filed suit against the uninsured driver, reached an agreement with your insurer, or formally demanded arbitration by certified mail.
Two years goes fast. Treatment takes months, and the other insurer has no reason to hurry. Our post on the statute of limitations for a California car accident covers the exceptions for minors and for injuries discovered later.
When should you call a lawyer?
Call a lawyer when you were hurt, when fault is being questioned, or when the other driver’s insurer has started calling. These are the red flags we tell people not to wait on.
- 1You went to the ER or are still treating. Any injury that needs more than one visit will be contested.
- 2The other driver or their insurer disputes fault. Evidence disappears fast.
- 3The adjuster wants a recorded statement, a medical authorization, or a signature. Each one is built to reduce your claim.
- 4The other driver is uninsured, fled, or drove a commercial vehicle. These claims involve your own policy or a company.
- 5A government vehicle or a bad road was involved. The six-month claim deadline is unforgiving.
- 6You missed work. Lost earnings need documentation from day one.
If fault is disputed, treatment is ongoing, or the offer feels low, speak with an attorney before signing anything.
How does Morales Law Firm handle car accident cases in the San Gabriel Valley?
We handle these claims from the first call through settlement or trial, and there is no fee unless we win. Our office is at 151 W. Bonita Ave. in San Dimas, and most of our clients were hurt on the 10, the 210, the 57, the 60, or the 605, or on surface streets in Covina, Pomona, Glendora, La Verne, and the Inland Empire. Our car accident lawyer page explains how we build a claim from the police report forward.
In the first week we order the report, send preservation letters for camera footage, get you to a doctor if you do not have one, and take over every call from the other driver’s insurer. When a case does not settle, we file in the Pomona Courthouse South for Los Angeles County crashes or the San Bernardino Justice Center for Inland Empire crashes. We serve clients in English and Spanish. For a local walk-through, see our guide on what to do after a car accident in San Dimas and the San Gabriel Valley.
Frequently asked questions
Do I have to report a car accident that was not my fault to my own insurance?
Yes. Nearly every California auto policy requires you to report any accident promptly, and you may need your own coverage for repairs, MedPay, or an uninsured driver. Reporting a not-at-fault crash generally does not raise your rates. Give the basic facts and let your attorney handle the rest.
Do I have to give the other driver’s insurance company a recorded statement?
No. You have no contract with the other driver’s insurer and no duty to give it a recorded statement. Adjusters use them to lock in early answers about injuries and fault. Confirm your contact information, decline the recording, and refer the adjuster to your attorney.
Who pays for my rental car after an accident that was not my fault?
The at-fault driver’s insurer pays for a rental car for the reasonable repair period once it accepts fault. Until then, your own rental reimbursement coverage, if you carry it, covers the gap. If you use your own collision coverage for repairs, your insurer recovers the cost through subrogation and refunds your deductible.
What if the other driver was cited but their insurer still denies fault?
A citation is evidence, not a final decision, and insurers do sometimes deny fault anyway. California’s pure comparative negligence rule means you can still recover your share of the damages. Gather the report, photos, witnesses, and video, present them in writing, and be ready to sue if the denial stands.
How long does a not-at-fault car accident claim take in California?
Most injury claims resolve within several months to a year after treatment ends, because the claim cannot be valued until the doctors know your outcome. Fault disputes, government defendants, and lawsuits add time. The two-year deadline under Code of Civil Procedure section 335.1 runs the whole time.
Injured in a crash? Call or text Morales Law Firm at (626) 521-5402 for a free consultation. No fee unless we win.
Call or Text (626) 521-5402This article is for general educational purposes only and is not legal advice. Every case is different. Reading this article does not create an attorney-client relationship. If you were injured, speak with a qualified attorney about your specific facts and deadlines. Reviewed by Francisco J. Morales, Esq., California personal injury attorney, SBN 349235. About the author.
