Reporting requirements after a California collision

California imposes reporting duties on drivers that are separate from any insurance claim.

A report must be filed with the DMV on form SR-1 within ten days of a collision that caused any injury, any death, or more than one thousand dollars in property damage to any one person. This duty applies regardless of fault, applies even when police responded and wrote their own report, and is not satisfied by notifying an insurance company. With current repair costs, most collisions that involve a body shop meet the damage threshold.

A separate rule covers collisions causing injury or death. The driver must make a written report to the California Highway Patrol, or to the city police department where the collision happened in a city, within twenty four hours. The statute states this duty for every injury or fatal collision. In practice, where officers responded and completed a report at the scene, that report generally satisfies the agency’s need, but a driver who assumes this without confirming it is relying on practice rather than on the text of the law.

Missing the DMV deadline can lead to suspension of driving privileges, an outcome unrelated to who caused the collision.

California filing deadlines for injury and death claims

In California, a lawsuit for personal injury caused by another person’s negligence generally must be filed within two years of the injury, under Code of Civil Procedure section 335.1. A claim for a death caused by another’s wrongful act or neglect runs under the same two-year period.

Shorter deadlines apply in specific situations. If a city, county or state agency may be responsible, a written claim must normally be presented to that public entity within six months. Claims involving minors, injuries that are not discovered right away, and certain defendants can follow different timelines.

Which deadline applies depends on the facts of each situation, and the standard two-year period does not govern every claim.