After a car accident that was not your fault, stop, call 911 if anyone is hurt, exchange license and insurance information, photograph the scene, get medical care and notify the insurers. In California you must also send the DMV an SR-1 within 10 days when anyone is hurt or damage exceeds $1,000 (Vehicle Code 16000).
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What should I do at the scene?
Your first job is safety. Your second is evidence, because the other driver may tell a different story tomorrow.
- Stop and check for injuries. Call 911 if anyone is hurt. If no one is hurt and the cars can move, get out of traffic.
- Exchange information. Get the other driver’s name, address, license number, plate, insurance company and policy number. A photo of the insurance card and license saves mistakes.
- Photograph everything. Damage to both cars, plates, skid marks, traffic signals and the view each driver had.
- Find witnesses. Ask for names and phone numbers. The Texas Department of Insurance notes that without independent witnesses, the other insurer may deny the claim when its driver denies fault.
- Keep the conversation short. The California Department of Insurance advises against arguing, signing statements about fault or promising to pay anyone.
If the other driver leaves, call the police right away. TDI warns that uninsured motorist coverage will not pay for a hit-and-run you did not report to police.
What do I legally have to do after a car accident in California?
Every driver involved must stop. Vehicle Code section 20001 covers crashes with injury and section 20002 covers property damage. The DMV Driver Handbook says to show your license, registration, insurance and address, and to report a crash with injury or death to law enforcement within 24 hours. If you hit an unattended car, leave a note and report it.
Then file the SR-1. The DMV requires it within 10 days if anyone was injured, even slightly, or property damage is over $1,000. It is required whether or not you caused the crash, and a police report does not replace it. The handbook says your driving privilege will be suspended if you fail to file.
What do I legally have to do after a car accident in Texas?
Chapter 550 of the Transportation Code requires a driver in a crash with injury or damage to an attended vehicle to stop and stay until giving their name, address, vehicle registration number and liability insurer, showing a driver’s license on request, and giving reasonable help to anyone hurt. If anyone is injured or a vehicle cannot be driven safely, the driver must immediately notify the local police department, the sheriff’s office or the nearest Department of Public Safety office, depending on where the crash happened.
When an officer investigates, you can later buy the police crash report (CR-3) online from TxDOT. TxDOT no longer keeps driver-filed CR-2 reports, so if no officer came, keep your own notes and photos.
What do I legally have to do after a car accident in Washington?
RCW 46.52.020 requires drivers to stop, give their name, address, insurance company, policy number and plate, show their license, and help anyone injured. In a damage-only crash, move the vehicle off the main lanes to a safe spot first. Moving does not affect fault.
Under RCW 46.52.030, if no officer makes a report, each driver must file a written report within four days when anyone is injured or property damage reaches the threshold, which is $1,000 under WAC 446-85-010. The Washington State Patrol takes these reports online and gives you a report number right away.
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Whose insurance do I call when the crash was not my fault?
Usually both. Open a claim with the at-fault driver’s insurer, and tell your own company about the crash, because most policies require prompt notice. If the other insurer refuses or will not pay the full amount, you can file with your own company, where collision coverage can pay for repairs, and your insurer can try to recover your deductible from the other company, as TDI explains.
Be ready for the other insurer to argue that you share the blame. In California and Washington, shared fault reduces your recovery without ending it (CACI 405; RCW 4.22.005). In Texas, you recover nothing if you are found more than 50 percent responsible (chapter 33). In Washington, the Insurance Commissioner advises telling your insurer before you agree to a settlement with the at-fault driver.
How long do I have to make a claim?
| State | Injury lawsuit | Claim against a government agency |
|---|---|---|
| California | Generally 2 years (California Courts) | Written claim within 6 months (California Courts) |
| Texas | Generally 2 years (section 16.003) | Notice within 6 months, shorter in some cities (chapter 101) |
| Washington | Generally 3 years (RCW 4.16.080) | Claim first, then a 60-day wait before suing a local agency (RCW 4.96.020) |
What to do now
- See a doctor within a day or two, even if the pain seems minor, and tell the doctor it was a car crash.
- File any required report: the SR-1 in California, or the collision report in Washington if no officer filed one.
- Open the claim with the other driver’s insurer and write down the claim number and adjuster’s name.
- Keep a folder with photos, the police report number, medical bills, receipts and notes on missed work.
- Before giving a recorded statement to the other driver’s insurer, decide what you will and will not discuss. Stick to facts.
- Do not sign a release or accept a payment for injuries until you know how long treatment will last.
Talk to someone about your claim
If another driver hit you and their insurer is not taking the claim seriously, call Beverly Law at (310) 552-6959. We handle car accident cases in California, Texas and Washington. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. You owe no fees or costs unless we win.
Common questions
Should I see a doctor if I feel fine?
Yes, it is wise. The CDC says some concussion symptoms may not appear for hours or days. A visit soon after the crash also links the injury to the collision in your records.
Do I need a police report?
It is not always required, but it is strong evidence. Call the police when anyone is hurt, the other driver leaves, or the drivers disagree about what happened.
What if the other driver has no insurance?
Your own uninsured motorist coverage may pay for your injuries and, in some states, your car. Report the crash to your insurer promptly and keep the police report number.
Should I accept the other insurer’s first offer?
Only after treatment ends or its future cost is known. A signed release generally ends the claim, even if you need more care later.
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Related pages
Car Accident Settlements · Car accident settlements · Settlement with no injury · Texas settlement amounts · Law Blog
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Sources
- California DMV Driver Handbook, section 10: financial responsibility, insurance requirements and collisions
- California DMV: report of traffic accident (SR-1)
- California Vehicle Code section 16000
- California Vehicle Code section 20001
- California Vehicle Code section 20002
- California Department of Insurance: so you've had an accident
- California Courts Self-Help Guide: statute of limitations
- California Courts Self-Help Guide: claims against a government agency
- Judicial Council of California Civil Jury Instructions (CACI), 2026 edition
- Texas Transportation Code chapter 550
- TxDOT: crash reports and records
- Texas Department of Insurance: were you in a wreck?
- Texas Department of Insurance: auto insurance guide
- Texas Civil Practice and Remedies Code section 16.003
- Texas Civil Practice and Remedies Code chapter 33
- Texas Civil Practice and Remedies Code chapter 101
- Revised Code of Washington 46.52.020
- Revised Code of Washington 46.52.030
- Washington Administrative Code 446-85-010
- Washington State Patrol: collision reports
- Revised Code of Washington 4.16.080
- Revised Code of Washington 4.22.005
- Revised Code of Washington 4.96.020
- Washington Office of the Insurance Commissioner: filing an auto insurance claim
- Centers for Disease Control and Prevention: signs and symptoms of TBI
Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-12.