If you were hurt in a crash someone else caused, you can usually claim against that driver’s insurance, and the deadline to sue is two years in California (Code Civ. Proc. 335.1) and Texas and three years in Washington. Some reports are due within days, so start now.
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Which reports do I have to file after a crash?
Each state has its own reporting rule and deadline.
| State | What the law asks of the driver | Source |
|---|---|---|
| California | File an SR-1 with the DMV within 10 days if anyone was hurt, even slightly, or killed, or property damage is over $1,000. It is required on top of any police or insurance report. | California DMV |
| Texas | Police who investigate a crash with injury, death or $1,000 or more of damage to one person’s property send the report to TxDOT within 10 days. You can buy a copy of that report online. | TxDOT |
| Washington | If no officer files a report, a driver in a crash with injury or the property-damage threshold must file a written report within four days. The State Patrol sets that threshold at $1,000. | RCW 46.52.030; Washington State Patrol |
How long do I have to make an injury claim?
The general deadline to file a lawsuit is two years from the injury in California and two years from the day the claim accrues in Texas (Civ. Prac. & Rem. Code 16.003). Washington allows three years for injury to the person (RCW 4.16.080).
A crash involving a government vehicle or a dangerous road has extra rules, and in California and Texas a faster clock. California requires a written claim to the public entity within six months (Gov. Code 911.2). Texas gives the governmental unit the right to notice within six months (Civ. Prac. & Rem. Code 101.101). Washington requires a claim and a sixty-day wait before suing a local government (RCW 4.96.020).
What if they say the crash was partly my fault?
Shared fault does not automatically end a claim. California reduces your damages by your share of fault (B.B. v. County of Los Angeles). Texas bars recovery only if your share is greater than 50 percent (Civ. Prac. & Rem. Code 33.001). Washington reduces the award without barring it (RCW 4.22.005).
One California rule catches people off guard: with limited exceptions, a driver hurt while driving without required insurance cannot recover pain and suffering, though medical bills and lost wages remain claimable (Civ. Code 3333.4).
Free case review
Tell us what happened and where the claim stands. Our team reviews it and explains your options. You owe no fees or costs unless we win.
Guides by type of crash
Each guide below covers the rules that change with the vehicle: federal trucking records, lane splitting and helmet laws, the three-foot passing rule and e-bikes. Pick the one that matches your crash.
What to do now
- Get medical care the same day, and keep every bill.
- File the report your state requires within its deadline.
- Photograph the vehicles, the scene and your injuries.
- Get the other driver’s name, plate, license and insurer.
- Do not give a recorded statement to the other insurer before getting advice.
- Call (310) 552-6959 for a free case review.
Talk to us
Call (310) 552-6959 or use the form on this page. You owe no fees or costs unless we win.
Pages in this section
- Bicycle Accident Lawyer: What to Know After a Bike or E-Bike Crash in California, Texas and Washington
- Dog Bite Lawyer: Who Pays After a Dog Bite in California, Texas and Washington
- Truck Accident Lawyer: Claims After a Crash With a Semi or Commercial Truck in California, Texas and Washington
- Motorcycle Accident Lawyer: Your Rights After a Motorcycle Crash in California, Texas and Washington
Common questions
Can I make a claim without immigration papers?
Generally, yes. In California, immigration status cannot be used as evidence in an injury or wrongful death case, and the other side cannot ask about it in discovery (Evid. Code 351.2).
How do I pay a lawyer if I have no money now?
Injury lawyers usually take a percentage of what they recover. In California that contract must be in writing and must state the fee is not set by law and is negotiable (Bus. & Prof. Code 6147).
Do you handle crashes in Texas?
Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
Is the consultation in Spanish?
Yes. Our team answers in English or Spanish.
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Related pages
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Sources
- California DMV: Report of Traffic Accident Occurring in California (SR-1)
- California DMV: SR-1 form in Spanish (SR-1 SP)
- California Code of Civil Procedure section 335.1
- California Courts Self-Help Guide: deadlines to sue (Spanish)
- California Courts Self-Help Guide: deadlines to sue
- California Government Code section 911.2
- California Evidence Code section 351.2
- California Civil Code section 3333.4
- B.B. v. County of Los Angeles (Cal. 2020), describing pure comparative negligence
- California Business and Professions Code section 6147
- Texas Department of Transportation: crash reports and records
- Texas Civil Practice and Remedies Code chapter 16 (section 16.003)
- Texas Civil Practice and Remedies Code chapter 33 (section 33.001)
- Texas Civil Practice and Remedies Code chapter 101 (section 101.101)
- Revised Code of Washington 46.52.030
- 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
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.

