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California guide to insurance, laws, and resources before and after a car accident

"Nothing is certain, except death and taxes." It's also almost certain that everyone will experience at least one car accident in their lifetime. Here's how to make the most of recovery, obtain damage payments, and understand the regulations for California car accidents.

Being in a car accident anywhere is unpleasant, at best.

But being in a car accident in California means you want to be familiar with state laws and regulations. Your first priority following an accident is to get the medical treatment needed for you and your passengers. It's also helpful and kind to call emergency services for any other people involved in the crash.

There are some other things to think about in order to make sure you're preserving your legal rights and ensuring that you can recover financially.

California car accidents statistics

California crash statistics (2017)

Fatalities

3,602

Vehicle miles traveled (in millions)

343,862

Fatalities per 100 million vehicle miles traveled

1.05

Fatalities per 100,000 population

9.11

Alcohol-impaired driving fatalities (number / percent)

1,120 / 31%

California fatalities by crash type

Single vehicle

2,067

Large truck involved

361

Speeding

1,070

Rollover

796

Roadway departure

1,588

Intersection-related

927

Source: National Highway Traffic Safety Administration
The numbers can seem frightening, but there are ways to prevent a truck accident or perform defensive driving when you're behind the wheel.

Insurance experts estimate that the average driver will file a claim for a collision once every 18 years.

In other words, most people will be involved in 3 to 4 collisions in their lifetime. Fortunately, the majority of these are not fatal - these numbers include everything from a low-speed fender-bender in a parking lot to your car being T-boned by a red-light runner.¹

Even the most minor accidents cost money, regardless of whether you were at fault or not. If you're lucky enough that the other driver is cooperative, the insurance companies play nicely together, and you receive the money you need to quickly cover the costs of the accident, that's the best-case scenario.

But it doesn't always work out that way.

When things are more complicated, or if you don't think you're getting what you deserve as recovery, you might need to enlist the help of a California personal injury lawyer.

How to report a California car accident

California law² requires all drivers (or their representative) involved in a car accident report the crash in writing to the California Highway Patrol or the local police department within 24 hours of the crash if there is an injury or fatality.

It's always a good idea to get a police report at the scene of an accident. If you call the police from the scene, that report will fulfill this requirement and you don't need to file a separate report.

However, even if there's a police report on file, it's still up to you to make a report to the California Department of Motor Vehicles (DMV) within 10 days of the accident. Most accidents will meet the criteria for this requirement.

You must file this report if:

There were any injuries or fatalities (even minor injuries).

There was any property damage worth more than $750.

There are no California state laws about reporting an accident to your insurance company, but your insurance company will require it. In fact, the insurance company will require reporting as soon as possible, because if you don't report it in a reasonable about of time, your coverage could be denied.

What is reasonable?

According to some insurance companies, a reasonable time is as little as 24 to 48 hours after the crash.

Enjuris tip: You can file a report to your insurance company without making a claim. This preserves your right to make a claim, and also puts your insurance company on notice if the other driver decides to file a claim and you need your insurer to defend you.

Sometimes people think that a minor accident is best handled without involving insurance companies. This is a risky decision. Even if it's a small fender-bender with what appears to only be scratches or minor damage to your car and seemingly no injuries, it's best to at least let the insurance company know that it happened.

Why should you report even the smallest accident to your insurance company?

1. Some injuries don't show symptoms right away. If you were in a low-speed rear-end accident, for example, you might have felt just a little jolt, but you might experience effects like whiplash days or weeks later. Your medical treatment costs might not be covered if the accident wasn't reported to the insurance company.

2. Your car could have non-visible damages. You might think it's just a small scratch on the bumper, but when your mechanic goes to do a repair or touch-up, they might find additional issues underneath that you didn't see when you inspected your car at the scene.

3. The other driver's car could have non-visible damages. Just like your car could have more going on than meets the eye, so could the other vehicle. If the other driver takes their car to a mechanic and discovers additional damage, your insurance company could refuse to defend you if you failed to make a report.

4. The other driver could change their mind. You might have had a cordial agreement with the other driver, exchanged contact information, and decided that you'd simply pay (or they'd pay) out of pocket for repairs without involving insurance. And, even if everyone has the best intentions of following through, there could be any number of reasons why the other driver has a change of heart. The last thing you need is for their insurance company to make a claim against yours when you hadn't reported the accident in the first place.

Determining fault in a California car accident

California is a comparative fault state. That means that if a plaintiff bears any responsibility in an accident, their damage amount is reduced by their percentage of fault.

If you were in a car accident that wasn't your fault, you can still be found to have some liability, even if it's a small amount. For example, if the other driver swerved into your lane and caused a head-on collision, the court could find that if you'd acted a moment sooner to get out of the way, the accident could've been avoided.

Even though it's clearly the defendant who caused the accident, you could be liable for that small responsibility you had to act faster. The court or insurance company would reduce the amount of your damages by that liability.

If you are 5% liable and the damages totalled $50,000, it would reduce by $2,500 to $47,500.

Types of damages in a California car accident

In a personal injury lawsuit (which includes car and truck accidents), you can recover economic and non-economic damages.

Economic damages are determined by actual costs that compensate the plaintiff for expenses they incurred as a result of the accident, including:

Medical treatment

Prescription medications

Medical or assistive devices

Rehabilitation or therapy

Property repair or replacement

Lost wages or future earnings

Non-economic damages don't have a specific dollar value. These could include:

Pain and suffering

Limb loss or disfigurement

Loss of enjoyment of life or activities

Loss of consortium

Anxiety, grief, or shock

Insomnia

Inconvenience

Emotional distress

Read more about California damages:

California minimum insurance coverage requirements

Almost every state requires a driver to carry motor vehicle insurance coverage in order to register their car. California is no exception. The California Insurance Code §11580.1b is intended to ensure that all costs related to a car accident are covered.³

The law requires a 15/30/5 coverage policy, which means:

$15,000 for injury or death to one person

$30,000 for injury or death to more than one person

$5,000 for property damage

These are the minimum requirements for insurance coverage just to get your car on the road. Many drivers opt for additional insurance for collision, medical payments, and comprehensive coverage.

Additions to your policy might raise your premium payments, but it would be well worth it if you ever require those additional coverages.

What to do after a California car accident

It's good to know the basic steps for what to do after a California car accident, but there's much more to learn. So much depends on the severity of the accident, the parties involved, and other factors. If you feel that you're not getting the coverage or compensation you deserve, a personal injury lawyer can help.

Most California personal injury lawyers offer a free consultation, where they'll listen to the details of your accident and guide you through your options. Lawyers are trained negotiators - they'll work with the insurance company to ensure that you're being treated fairly and getting the compensation you need to get back on your feet.

Still not finding what you need?

Check out our other articles on motor vehicle accidents in California.

Hurt in a car crash? You may find these resources helpful

A personal injury lawyer helps individuals who have sustained injuries in accidents to recover financial compensation. These funds are often needed to pay for medical treatment, make up for lost wages and provide compensation for injuries suffered. Sometimes a case that seems simple at first may become more complicated. In these cases, consider hiring an experienced personal injury lawyer. Read more

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Guide to California Car Accidents: Laws & Compensation

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California guide to insurance, laws, and resources before and after a car accident "Nothing is certain, except death and taxes." It's also almost certain that everyone will experience at least one car accident in their lifetime. Here's how to make the most of recovery, obtain damage payments, and understand the regulations for California car accidents.

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San Luis Obispo Car Accident Lawyer | Helping Injured Victims in CA

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Earl E. Conaway, III, offers superior representation as a San Luis Obispo car accident lawyer. Contact our office today and create a strategy for your claim

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Truck Accident Causes, Liability and Injuries

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Truck Accident Causes, Liability and Injuries

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San Luis Obispo Truck Accident Lawyer | We Fight for Your Damages

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Involved in a truck accident? Earl E. Conaway, III, offers award-winning representation as a leading San Luis Obispo truck accident lawyer. Contact us today

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FAQs | The Law Offices Of Earl E. Conaway, III

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Each day about 1,000 U.S. citizens require emergency care treatment for serious dog bite injuries. Annually, about 14,025 citizens are hospitalized due to dog bite injuries.1 The below statistics and studies examine injury occurrence and the breeds of dogs most likely to inflict severe and fatal injuries. For those new to this area, Quick Statistics and recent Dog Bite Studies are good starting points. Also see our 2020 report that reviews Level 1 trauma center studies from 2011 to 2019.

Quick statistics

A collection of national nonfatal and fatal dog bite statistics and study-specific statistics. Data include the number of people injured and killed by dogs each year, hospitalization rates for dog bite injuries, costs associated with dog bite injuries, single and combined year dog bite-related fatality statistics, as well as national and worldwide breed-specific law statistics. Sources of these statistics are government bodies, medical researchers, insurance and nonprofit organizations.

Dog bite studies

View literature reviews of retrospective medical studies (2011 to 2019) and (2009 to 2016) examining dog bite injuries in Level 1 trauma centers across major U.S. geographical regions. Current dog bite fatality studies and studies examining the effectiveness of breed-specific legislation are listed as well. Most studies listed on this page are open access. Sources are peer reviewed medical science journals, studies by government bodies and nonprofit organizations.

For a full listing of dog bite injury and related studies divided into 10 categories, please visit our Studies Index, which includes many more open access dog bite-related studies.

Dog bite fatalities

A growing collection of U.S. dog bite fatalities separated by year and their related statistics starting in 2005 to present day recorded by DogsBite.org. Each annual report contains an analysis of that year, including breeds of dogs involved in fatal dog attacks, ages and gender of victims, risk and relationship factors, such as family dogs versus non-family dogs, attacks by chained dogs, attacks involving four or more dogs (pack attack), dog ownership information and state level information.

Dog bite fatality citations

A collection of news reports, separated by year, that are gathered in real time during and after a deadly dog mauling by DogsBite.org. For instance, in 2019, we collected over 1,025 news reports from local, regional and national news sources pertaining to all dog bite fatality victims for that year. We also collect photographs, videos, audio dispatch logs, police reports, legal documents and legislative materials. Learn about the 33 parameters we collect in our data collection method.

From 2013 forward, each year contains our annual Breed Identification report that contains images of the involved dogs from news reports, law enforcement and social media websites.

Dog bite studies index

Our studies index contains U.S. dog bite injury studies separated into categories, including: Nonfatal Dog Bite Injury Studies, Fatal Dog Bite Injury Studies, Government Dog Bite Studies, Case Reports & Presentations, Breed-Specific Legislation Studies, Aggressive Dog Behavior Studies, Pit Bull Ownership Studies and more. Some are cross-listed in more than one category and many are open access. Studies marked by an "abstract" label require payment to read in full.

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Each day about 1,000 U.S. citizens require emergency care treatment for serious dog bite injuries. Annually, about 14,025 citizens are hospitalized due to dog bite injuries.1 The below statistics and studies examine injury occurrence and the breeds of dogs most likely to inflict severe and fatal injuries.

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Overlapped Wheels
How it happens: Your front wheel passes the rear wheel of the rider in front of you, shrinking the amount of space and time you have to respond to whatever he does-and increasing the odds of bumping into him. "A guy at the front moves over 4 inches, and at the back it's 4 feet," says Tim Johnson, a pro who races for Cyclocrossworld.com. On Stage 9 of the Tour de France in 2011, Alberto Contador overlapped wheels with Katusha's Vladimir Karpets. When Karpets inadvertently bumped him, Contador crashed and injured his knee-a mishap that may have contributed to his subpar finish.

Avoid it: Watch the pack so that you know when riders up front are slowing. Overlaps often happen on corners, when riders scrub speed; anticipate by coasting a bit into the corner. Leave enough room so that if the rider in front of you stands-which pushes his bike back underneath him about 6 inches-he won't overlap your front wheel.

Too late?: Feather the rear brake. Coast a pedal stroke or two. Don't swerve; the rider behind you is depending on your line. A bump won't necessarily knock you over. Practice absorbing contact in a park on your mountain bike, using flat pedals. Ride next to a friend and have him lightly bump you on your hip, says Roger Young, a multitime Olympian who teaches track racing at the Home Depot Center Velodrome in Los Angeles. Focus on holding your line with your hips, not your handlebar. If you try to correct course using the bar, you'll veer off in the direction of the bump. But correct at the hips and the bike will follow.
Keeping Your Head Down
How it happens: During Stage 1 of the Tour, Astana's Iglinsky was riding at the edge of the pack on the shoulder. In a moment of inattention, he clipped a spectator, causing a domino-style crash that cost Contador and several other contenders more than a minute. "Sometimes we get too confident in the group," says Young. Riders also are prone to this when tired or distracted, leaving them vulnerable to the sudden appearance of pedestrians, parked cars, dogs, even garbage cans.

Avoid it: Stay alert, always, even on familiar routes. Stop for caffeine if you need it. Fatigue can compromise pedaling, which profoundly affects your stability. Make sure your bike fits properly: You'll be less likely to ride with a slumped posture.

Too late?: Brake smoothly and stay in a straight line, especially on a group ride. Set your weight back a bit; it'll help keep the bike upright and straight. If there's an obstacle ahead, try to lift your front wheel over it. If it's something like a garbage can, try to hit it with your hip first; it's closest to your center of gravity.
Hazardous Corners
How it happens: Let us count the ways: An eddy of gravel or debris washed up in the bend. You're carrying too much speed. It's wet. You hit a slick painted line.
Avoid it:
1. Be sensible and prioritize good form over sheer speed. If every corner is life or death, you'll be tense, which is counterproductive.

2. Keep your head up and look as far through the turn as you can. Avoid drifting through a left-hand turn and cutting across the turn lanes; you risk getting hit by oncoming traffic. Brake early, in the straightaway before the turn. Initiate the turn late and aim for a late apex; this keeps you from cutting across traffic and straightens out your exit.

3. Don't grab the brakes in a turn. You'll put extra force on the tires and push yourself to the outside of the turn.

4. If the roads are wet, let some air out of your tires. If you normally run them at 100 psi, go down to 90 to increase the amount of rubber on the road.

Too late?: Worst case if you cut across a left-hand turn, you'll surprise someone coming at you in the turn lane. Stand the bike up to go straight-to the outside of the turn-then apologize to anyone behind you. If you have, say, gravel in your line and can't avoid it, just go through. "Stand the bike up slightly and point it straight," says Johnson. "Only change your line once you're through the debris."
Half-Wheeling
How it happens: You're riding slightly ahead of the person next to you in a group or double paceline. The misaligned paceline, and the surges and ebbs in speed that result, can cause crashes behind you.

Avoid it: Match gearing and cadence with the rider next to you. Stay away from hero pulls and other surges. It pisses off the people behind you, too.

Too late?: Soft-pedal a stroke or two to come even again. If the guy beside you surges, don't accelerate to meet him; he'll only creep ahead again each time you come even. Instead, hold the pack's pace and let him come back to you.
Riding Tense
How it happens: If you're tight, every movement is magnified, says Young. You can't react quickly, and when you do the reaction is exaggerated, which can send you crashing into riders or obstacles around you.

Avoid it: Proper bike fit? That's step one. Now, go ride at a velodrome. With the fixed-gear, brake-free bike and pack of others, you'll develop spatial awareness and field vision, and learn to scrub speed smoothly, stay locked on a wheel without fixating on it, and trade pulls. Most velodromes offer a basic track class with rentals. "Probably 85 percent of the people who ride here don't race track at all," says Young. "They just want to be better cyclists." No track nearby? Get a fixed-gear errand bike and try to use the drivetrain more than the hand brake. Bike polo also improves handling.

Too late?: Shake out your arms and roll your neck and shoulders. If you're riding on the brake hoods, hook your index and middle fingers over the front of the brakes; it's hard to put on a death grip with your pinkie. Change your hand position periodically.
Road Hazards
How it happens: You or someone else hits a pothole or fishtails in gravel. Crashes in groups often look like ripples on a pond-one small move radiates outward, expanding, until someone's down.

Avoid it: The safest spot to ride is almost always up front. In midpack, look ahead, beyond the rider in front of you. In turns, stay inside-physics takes crashes to the outside, so avoid the debris fan.

Too late?: Don't get caught gawking as the first rider goes down. Focus on an exit strategy-a way around or through the trouble ahead. What if riders are crashing around you? Point the bike straight, level the pedals, and flex your knees and elbows. You'll absorb impacts better and offer yourself a chance to ride out of the carnage.

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Overlapped Wheels How it happens: Your front wheel passes the rear wheel of the rider in front of you, shrinking the amount of space and time you have to respond to whatever he does-and increasing the odds of bumping into him.

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San Luis Obispo Bicycle Accident Lawyer Helping You After a Crash

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Earl E. Conaway, III, is a San Luis Obispo bicycle accident injury lawyer that represents victims involved in serious accidents. Have you been hurt? Contact our office.

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San Luis Obispo Dog Bite Attorney | Recovery for Animal Attacks

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Were you attacked by a dog or other animal? Contact a San Luis Obispo dog bite attorney that represents victims of animal attacks and learn your rights..