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At the scene
Stop and check on everyone. In California, a driver in a crash that causes injury or death must stop, give their name, address, license and registration information, and give reasonable help. Leaving the scene of an injury crash is a crime, and the same goes for the other driver. Call 911 if anyone is hurt.
If it is safe, take photos of both cars, the plates, the damage, the street, traffic signals, skid marks and your injuries. Get the other driver’s name, phone, license, plate and insurance card. Ask witnesses for their names and numbers, since they may leave before police arrive. Do not argue about fault or apologize. Just stick to the facts.
What to do in the days after
Get checked by a doctor within a day or two, even if you feel fine. Some injuries, such as neck and back strain or a concussion, can show up later, and a prompt visit links them to the crash. Follow your treatment plan and keep every bill, receipt and record of missed work.
If the crash caused an injury or death, or more than $1,000 in property damage, you must report it to the DMV on an SR-1 form within 10 days, even when you were not at fault. Ask the police agency for the collision report. California requires it to release the report to people with a proper interest, such as a driver or injured person, for a fee no greater than its actual cost.
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Tell us what happened. We will tell you plainly whether there is a case and what to do next. You owe no fees or costs unless we win.
Which insurance to call
Report the crash to your own insurer with the basic facts and get a claim number. Then open a claim with the other driver’s insurer. That insurer pays for your injuries and car damage if its driver was at fault. California’s minimum liability limits for policies issued or renewed since January 1, 2025 are $30,000 per person, $60,000 for two or more people and $15,000 for property damage.
If the other driver had no insurance or drove off, your own uninsured motorist coverage may pay. California policies must include it unless you signed a written agreement to drop it. If you bought MedPay, it pays reasonable medical bills up to your limit regardless of fault. Collision coverage, if you have it, can get your car fixed while fault is sorted out.
When the other side disputes fault
Even when you know the crash was not your fault, the other insurer may argue otherwise. California uses pure comparative fault: if you are found partly at fault, your recovery goes down by your share but is not barred. Photos, the police report, witness names and any video from nearby cameras help hold the line.
One rule can limit a not-at-fault driver’s claim. Under Proposition 213, a person cannot recover pain and suffering damages if they owned an uninsured vehicle involved in the crash, or were driving and cannot show the required insurance, or were convicted of DUI for the crash. There is one exception: an uninsured vehicle owner hurt by a driver who was convicted of DUI for that crash can still recover pain and suffering. Medical bills and lost wages remain recoverable. If this might apply to you, talk with a lawyer before speaking with any insurer.
Deadlines and how we can help
In California, an injury lawsuit must generally be filed within two years, and a property damage lawsuit within three years. Uninsured motorist claims have their own two-year steps. If a government vehicle was involved, a written claim is generally due within six months. In Washington, injury lawsuits generally have three years.
Beverly Law can open the claims, deal with the adjusters and gather the evidence while you heal. You owe no fees or costs unless we win. Call (310) 552-6959. Related: should you call your own insurance, paying a deductible when it was not your fault, what not to tell the insurer and the first settlement offer.
Common questions
Should I call my insurance if the accident was not my fault?
Yes. Report the crash to your own insurer with the basic facts and get a claim number. Your policy may have coverage that helps, such as MedPay, collision or uninsured motorist coverage. Do not give a recorded statement to the other driver’s insurer before talking with a lawyer.
Who pays for my car if the accident was not my fault?
The at-fault driver’s insurer should pay for your car damage. If that is slow or disputed, your own collision coverage, if you have it, can pay first. A lawsuit for property damage in California must generally be filed within three years.
Do I need a lawyer if the accident was not my fault?
Not every crash needs one. If you were hurt, missed work, or the other insurer is disputing fault or offering little, a lawyer can help. Talking with a lawyer before you give a recorded statement or sign a release protects your options.
What if the other driver says it was my fault?
Fault is decided by the evidence, not by who speaks first. Photos, the police report, witnesses and video matter. California’s pure comparative fault rule means that even if you share some blame, you can still recover, reduced by your share.
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Car and truck accident lawyer — Beverly Law
If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Car accident not my fault: do I call my insurance? · Do I pay my deductible if the accident wasn’t my fault? · Will my insurance rates go up if I wasn’t at fault? · What to do after a car accident in California · What to do after a minor car accident · All car and truck accident questions
Sources
- Cal. Code Civ. Proc. § 335.1
- Cal. Veh. Code §§ 20001(a)-(b), 20003(a)-(b)
- Cal. Veh. Code § 16000(a); DMV form SR 1 (Rev. 6/2025)
- Cal. Veh. Code § 20012
- Cal. Veh. Code § 16056(a)(2), (d) (as amended by SB 1107, Stats. 2022, ch. 719); Cal. Ins. Code § 11580.1(b)(1)
- Cal. Ins. Code § 11580.2(a)(1)-(3), (b)(1)-(2), (f)
- California Department of Insurance, Auto Insurance Terms glossary; policy terms
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, 828-829; CACI No. 405
- Cal. Civ. Code § 3333.4(a)(1)-(3), (b), (c); Hodges v. Superior Court (1999) 21 Cal.4th 109 (upholding statute)
- Cal. Code Civ. Proc. § 338(c)(1)
- Cal. Ins. Code § 11580.2(i)(1)(A)-(C), (b)(1)-(2)
- Cal. Gov. Code § 911.2(a); see also §§ 911.4, 945.4
- RCW 4.16.080(2)
Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.