After a serious car accident in California, focusing on medical treatment, insurance calls, or getting your vehicle towed is the natural and common response. But many drivers don’t realize that failing to file a California car accident police report could lead to legal and financial consequences.
According to California Vehicle Code Section 20008, any driver involved in a traffic accident that causes injury or death must report it to the California Highway Patrol or the local police department within 24 hours. This report is separate from the one you must file with the Department of Motor Vehicles (DMV), which is required when there’s injury, death, or property damage over $1,000.
Still, the hours and days after a serious car crash can be chaotic, and you may have questions about the right steps to take: Are all drivers required to report the accident? What if you were seriously injured and couldn’t? The best place to start is to call a trusted motor vehicle accident lawyer who can answer your questions, address your concerns, and help you explore legal options that position you for the best possible recovery.
Key Takeaways For California Accident Reporting Laws
- In many cases, California law requires you to report a car accident to the police or California Highway Patrol (CHP).
- Failing to report an accident could lead to fines, criminal charges, or insurance complications, even if the crash seemed minor.
- If you’re too injured to report the crash yourself, other parties or your attorney may still be able to meet the reporting obligations.
- Reporting protects your legal rights, especially when the other driver disputes fault or leaves the scene.
- A Los Angeles car accident lawyer can take over communication, investigate the crash, and help you stay compliant with all legal deadlines.
The Legal Obligation to Report an Accident in California
Whether you're dealing with a crash on the 101 through Downtown LA or a hit-and-run in West Hollywood, reporting obligations may still apply. Some auto collisions require police involvement under state law, regardless of how minor they may seem initially. This is especially true if anyone is hurt or if there’s a disagreement about what happened. Aside from what the law requires, not reporting an accident could jeopardize your ability to recover damages later.
California law requires you to report an accident when:
- Someone was injured or killed, even slightly
- The other driver fled the scene (hit and run)
- A driver was under the influence of alcohol or drugs
- A driver refuses to exchange insurance or contact information
- There is $1,000 or more in property damage
Even a low-speed crash on the 405 Freeway or Sunset Boulevard can result in injuries that don’t show symptoms right away. It’s safer and smarter to report the accident while the details are fresh.
What Happens If You Don’t Report the Accident?
Failing to report a crash in California can have serious consequences, both criminal and civil. If you leave the scene of a collision that injures someone else without contacting law enforcement, you could face hit-and-run charges under California Vehicle Code Section 20001.
Here’s what might happen if you don’t report the crash:
- Criminal penalties, including misdemeanor or felony charges
- Fines and license suspension
- Problems with your insurance claim, or outright denial
- Loss of evidence that could support your case
- Reduced credibility with insurance companies if the other party reports it first
In Los Angeles, reporting procedures vary depending on whether LAPD or CHP responds. If the accident happens on city streets (such as near Hollywood Boulevard or Mid-Wilshire), LAPD typically takes the lead. Crashes on highways like the 101, 10, or 110 often fall under CHP’s jurisdiction.
What If You’re Too Injured to Report the Crash?
Some car accidents leave victims unconscious, in surgery, or unable to communicate for days, weeks, or longer. In these cases, California law doesn’t expect you to personally file a police report while you're medically incapacitated. The obligation may fall to passengers, the other driver, or law enforcement at the scene.
But serious injury can also affect the timeline to file a personal injury claim. California typically allows two years from the crash date, but if you were physically or mentally unable to act, the statute of limitations may be tolled, meaning the clock doesn’t start until you regain legal capacity.
You won’t lose your rights simply because you were too injured to speak up. Once you’re stable, a qualified car accident lawyer can help document your medical condition and move your case forward. Acting quickly at that point is key to preserving evidence and protecting your future.
Do You Always Need a Police Report for a Car Accident?
Not every crash requires a police officer to respond to the scene. In some situations, particularly when there are no injuries and damages are minimal, both drivers may agree to exchange information and move on.
But even if no officer shows up, it’s still smart to file a report afterward, especially if:
- The other driver gives false information
- Injuries develop in the hours or days following the crash
- You suspect the other party may later change their story
- There is any question about liability or damages
A California car accident police report is one of the most reliable forms of evidence in personal injury claims. It records details you may forget later, such as location, lighting, vehicle position, and driver behavior.
Key Steps to Take After a Car Accident in California
Once you have received medical attention and your condition stabilizes, it may be time to turn your attention to the legal side of the accident. Here are some steps you should take once you’ve returned home or are stable:
- Contact a Los Angeles car accident lawyer. An attorney can review your situation and determine whether police or DMV reports are missing, incorrect, or incomplete.
- Don’t negotiate with insurance companies. Refer all insurance adjusters to your lawyer so they can protect your right to full and fair compensation.
- Start a recovery journal. Write about your pain levels, emotional impact, and how the injury affects your daily life.
- Save all documentation. Keep records of medical treatment, prescriptions, bills, and time missed from work.
- Avoid social media. Anything you post may be taken out of context and used to weaken your case.
These steps show a good-faith effort to stay engaged in your case, even if you weren’t able to act at the scene.
When Should You Call LAPD vs. CHP?
The agency responsible for taking your report often depends on where the crash happened.
- Call LAPD if the accident occurred on surface streets in Los Angeles city limits, such as Downtown LA, Silver Lake, or the Fairfax District.
- Call CHP if the crash occurred on a state highway or freeway, such as the 5, 10, 101, 110, or 405.
- In some cases, the LA County Sheriff’s Department may respond if the crash happens outside the city's jurisdiction.
If you’re unsure, call 911 or the non-emergency number and describe your location. The dispatcher will route you to the right agency.
Do You Also Have to Report the Accident to the DMV?
Yes, in California, you must file an accident report with the Department of Motor Vehicles (DMV) if the crash resulted in:
- Injury or death (no matter how minor), or
- More than $1,000 in property damage
This report is separate from the police report. You must submit Form SR-1 to the DMV within 10 days, even if the accident wasn’t your fault or the police were called.
Failing to submit this form can result in the suspension of your driver’s license. Your Los Angeles car accident lawyer can assist with filing it properly, especially if you’re recovering from serious injuries and overwhelmed by paperwork.
What Happens If No Police Report Is Filed?
After most serious crashes, someone calls 911, whether it’s a witness, a passenger, or another driver. But even when officers arrive, that doesn’t always mean they file a formal report. If no one appears injured at the scene, or if both drivers seem cooperative, some officers may choose not to write a report. This is especially true if the crash doesn’t involve a DUI, hit-and-run, or blocked traffic.
Still, people often assume that a report exists because the police showed up. But unless the officer generates a case number and files documentation, you may not have any formal record of the crash, which creates problems when filing insurance claims or pursuing legal action later.
Without a report, it becomes harder to prove what happened. Insurance companies may delay or deny your claim, and the other driver may offer a conflicting story. A lawyer can still help by gathering other evidence, like witness statements, crash photos, or surveillance footage, but starting with an official report usually strengthens your case.
Do Insurance Companies Require a Police Report?
You’re not legally required to have a police report to file an insurance claim in California. But without one, the claims process can be more difficult. Insurance companies rely on police reports to verify key details, such as when and where the crash occurred, who was involved, and whether anyone reported injuries.
If there’s no official report, you may face more questions, delays, or even a denial. It’s also easier for the other driver to dispute what happened or shift blame. A police report creates a neutral, time-stamped record that supports your side of the story.
How Long Do You Have to File an Accident Report in California?
There are two main timelines to keep in mind:
- 24 hours to report to police or CHP (if injury or death occurred)
- 10 days to file the DMV’s SR-1 form (if there was injury, death, or $1,000+ damage)
These timelines are independent of any insurance claim deadlines or statutes of limitations. Missing either window could lead to a suspended license or other penalties, even if you weren’t at fault.
Why Hiring a Lawyer Soon After a Car Accident Makes a Difference
The hours and days after a serious crash are chaotic. You're injured, overwhelmed, and unsure who to trust or what to do. But while you're focused on recovery, the other driver’s insurance company is already building its case, and it’s not doing so with your best interests in mind.
Hiring a lawyer as soon as possible gives you an advocate who knows how to push back against insurance company pressure and lowball settlement offers. They gather critical evidence before it disappears, preserve your right to full compensation, and handle the paperwork that you’re likely in no shape to deal with.
Every car accident case involves details that can make or break it. A missing witness, a late report, the wrong phrasing in a statement. These are the things insurance companies use to deny valid claims. A lawyer knows how to catch them.
Most importantly, you don’t have to do this alone. A good car accident attorney can take over the legal fight and position you for the best possible outcome so you have the space to focus on healing.
FAQs for “Do You Have to Call the Police After a California Car Accident?”
What if the other driver left the scene before I could report the crash?
You should contact the police immediately and describe the vehicle or license plate, if possible. Leaving the scene may qualify as a hit-and-run, which is a criminal offense in most states, including California.
Can I file a police report after I’ve already left the crash site?
Yes. If an officer didn’t respond at the scene, you can still file a report after the fact. This is often done in person at the local police department or online in jurisdictions like Los Angeles.
What if I didn’t realize I was injured until days later?
That’s common with many car accidents, especially those involving soft-tissue injuries or concussions. You should still file a report and notify your insurance provider. Include medical documentation as soon as possible.
Do I have to talk to the other driver’s insurance adjuster?
No. In fact, it’s best to let your lawyer handle that conversation. Insurance adjusters may record your statements and use your words to minimize liability. You’re under no obligation to speak with them directly.
How do I get a copy of the California car accident police report?
If the crash happened in Los Angeles city limits, request the report from LAPD. If it happened on a freeway, you’ll likely get it from the CHP. Your attorney can usually obtain it faster through official channels.
Greenslade Cronk: The Law Firm Other Lawyers Turn to for Help
If you were seriously injured in a California car accident, what you do next may affect your entire future. Medical bills, time away from work, and pressure from insurance companies can quickly consume you. You shouldn’t have to deal with any of it on your own.
At Greenslade Cronk, we represent clients across Los Angeles and throughout California in complex, high-stakes injury cases. Other attorneys call us to handle some of their toughest, most complex cases. We don’t take shortcuts, and we never settle cases for less-than-fair compensation.
We handle the legal side with focus and precision, from investigating the crash to protecting you from insurance company tactics designed to limit your claim. You focus on your recovery. We’ll take care of the rest.
Call (323) 747-7474 or contact us online today. You pay us nothing unless we win your case. Consultations are free and confidential. No pressure. Just answers you can trust from a firm built for serious cases.