California Car Accident Claim Process: Steps and Deadlines
Follow the California car accident claim process step by step, from DMV and insurer reports to the 40-day accept-or-deny rule and what to do if denied.
A California car accident claim usually moves through reporting the crash, notifying insurers, documenting losses, and negotiating a payment. Under state regulations, an insurer has 40 calendar days after proof of claim to accept or deny it, and generally 30 more days to pay once accepted. This article walks through each step.
What is the California car accident claim process?
California is an at-fault state, so the driver who caused the crash is generally responsible for the damage. A claim is the request you make to an insurance company to pay for your losses. It can go to your own insurer (a first-party claim) or to the other driver's insurer (a third-party claim). For the bigger picture, see our overview of California personal injury law.
- Get medical care and make sure everyone is safe.
- Report the crash to the DMV when required.
- Tell your insurer, and the other driver's insurer if you are making a claim against it.
- Document your injuries, vehicle damage and expenses.
- Provide proof of claim and answer the insurer's questions.
- Receive a written accept or deny decision, then payment or a dispute.
Do I have to report a car accident to the California DMV?
Possibly. According to the California DMV, you or your insurance agent, broker or legal representative must complete an SR-1 report and send it to the DMV within 10 days if someone is injured (no matter how minor the injury) or killed, or if property damage is over $1,000. The SR-1 is separate from any police report. Check the DMV site for the current form.
How do I start the claim with the insurance company?
Notify your own insurer promptly, because your policy may require timely notice. If you are claiming against the other driver, you will also deal with that driver's insurer. Give the basic facts, such as when and where the crash happened, but stick to what you know. You are not required to guess about fault or about the extent of your injuries.
What should I document for the claim?
- Photos of the vehicles, the scene and visible injuries
- The police report number, if one was made
- Names and contact details of the other driver and any witnesses
- Medical records, bills and notes about symptoms
- Repair estimates and receipts for rental cars or other costs
- Proof of missed work, such as pay stubs or an employer letter
Our guide on who pays medical bills after a car accident explains how health insurance, your own coverage and the at-fault driver's coverage can fit together.
How long does the insurer have to accept or deny a claim?
California's fair claims regulations (10 CCR section 2695.7) set time limits. Once the insurer has proof of claim, it must accept or deny the claim within 40 calendar days. If it accepts, it generally must pay within 30 calendar days after acceptance, and after receiving a signed release if one is needed.
| Stage | Time limit in the regulation |
|---|---|
| Accept or deny after proof of claim | No more than 40 calendar days |
| Pay after acceptance | No more than 30 calendar days |
| Suspected fraud | The 40-day period can be extended to 80 days or suspended |
The rule lists exceptions, including certain automobile repair bills under some collision and comprehensive policies. These deadlines also work differently from the court deadline for filing a lawsuit, which is a separate clock.
What happens if my claim is denied?
A denial must be in writing. For a first-party claim, the insurer must give every basis for the denial, with the facts and policy provisions it relies on. The letter must also tell you that you may ask the California Department of Insurance to review the matter, and give the address and phone number of the unit that does so.
If the offer seems too low, ask for the reasoning in writing and send any new records. Offers made before your treatment ends may not reflect your full losses. See how much a car accident settlement may be worth for the factors involved.
When should I talk to an attorney?
Many property-damage-only claims are handled directly with insurers. If you have a serious injury, if fault is disputed or if a claim is denied, you may want legal advice early, since lawsuit deadlines run separately from insurer deadlines. This site provides general information, not legal advice.
Frequently asked questions
How long does an insurer have to decide a California car accident claim?
Under 10 CCR section 2695.7, an insurer must accept or deny a claim within 40 calendar days after receiving proof of claim. Exceptions exist, and suspected fraud can extend or suspend the period. Ask the adjuster in writing what proof is still missing.
How long does the insurer have to pay after accepting a claim?
The regulation generally requires payment within 30 calendar days after the claim is accepted, or after a properly signed release is received when one is needed. Some claim types are exempt, so confirm which rule applies to yours.
Do I need to file an SR-1 with the DMV even if police came?
Police involvement does not replace the SR-1. The DMV says a report is required within 10 days if anyone was injured or killed, or if property damage exceeded $1,000. You or your insurance agent, broker or legal representative can file it.
What can I do if California insurance denies my claim?
Request the denial in writing, which the insurer must provide with its reasons. The letter must say you may ask the California Department of Insurance to review it. You can also respond with new evidence or get legal advice.