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California claims — the first 48 hours

Do you call your insurance or theirs?
Yours first. Always. Even when it was not your fault.

Insurance cards and phone after an accident

Reporting to your own insurer is a contractual obligation, not an admission of anything. It is also how you access the coverage you already pay for — medical payments, collision, rental, and uninsured motorist — none of which depends on who caused the crash. The order matters, and so does what you say in each call.

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The order of operations

Who to notify after a California accident, in order

  • Your own insurer first, promptly — Nearly every auto policy requires prompt notice of an accident. Late notice can jeopardize coverage you paid for. Reporting is not an admission and does not assign fault to you.
  • Reporting does not automatically raise your rates — California regulation limits surcharging a policyholder for a not-at-fault accident. The concern that keeps people from calling their own carrier is largely misplaced.
  • The other driver's insurer will contact you — You do not need to initiate that call. When it comes, you may confirm basic facts and decline a recorded statement, because you have no contract with that carrier.
  • Your own coverage may pay first — Medical Payments pays medical costs regardless of fault. Collision repairs your vehicle regardless of fault. Uninsured motorist coverage under Cal. Ins. Code § 11580.2 applies when the other driver has none.
  • The DMV has its own requirement — California requires an SR-1 report to the DMV within ten days when a crash causes injury, death, or property damage over one thousand dollars — separate from any insurance claim.
  • If a public entity is involved, six months — Cal. Gov. Code § 911.2 — A city or county vehicle, a VTA bus, or a dangerous roadway condition triggers a six-month written claim deadline that has nothing to do with insurance.
✆ Not Sure Who To Call? Ask Free

What to say to your own insurer

The date, time and location. The vehicles and drivers involved. The responding agency and report number. That you are being medically evaluated. Stick to facts you know. "I am still being evaluated" is complete and accurate when it is true.

What not to say to either insurer

Do not apologize. Do not speculate about fault or about what you might have done differently. Do not estimate speed or distance if you are not certain. Do not state that you are uninjured before a physician has evaluated you.

Do not sign a broad medical authorization

The other driver's insurer will often send one early. A broad authorization opens your entire medical history, not just accident-related records, and that history is then searched for a pre-existing condition to attribute your symptoms to.

Your own coverage

What you already pay for that applies regardless of fault

Most people underuse their own policy after a not-at-fault crash because they assume the other driver's insurer handles everything. It does not, and it does not pay quickly.

Auto insurance declarations page detail
Medical Payments — pays medical costs regardless of fault, usually with no deductible.
Vehicle in a repair shop
Collision — repairs your car now, then your insurer pursues the at-fault carrier for reimbursement.
Reviewing policy documents for uninsured motorist coverage
Uninsured and underinsured motorist — the coverage that matters most when the other driver has too little or none.
The notification sequence

Who to contact and when

Hour 0 to 1

911 and law enforcement

San Jose Police Department for city streets, California Highway Patrol for freeways and state routes. Get the report number before leaving.

Hour 1 to 24

Medical evaluation

Before any insurance conversation about your condition. You cannot describe an injury that has not been diagnosed.

Day 1 to 2

Your own insurer

Prompt notice as your policy requires. Facts only. Ask specifically what coverages apply: MedPay, collision, rental, uninsured motorist.

Day 2 to 5

The other insurer contacts you

Confirm basic facts. Decline the recorded statement. Do not sign a medical authorization.

Within 10 days

DMV SR-1 report

Required when there is injury, death, or property damage over one thousand dollars. Separate from any insurance claim.

Within 6 months

Government claim, if applicable

City, county, VTA or dangerous roadway condition — a written claim under Cal. Gov. Code § 911.2. Jurisdictional and unforgiving.

Why people avoid calling their own insurer, and why they should not

The fear is that reporting a claim raises rates. California regulation restricts surcharging a policyholder for an accident in which they were not principally at fault, which means the assumption driving the avoidance is largely wrong.

The cost of not calling is concrete. Nearly every policy contains a prompt-notice requirement, and late notice can give a carrier grounds to contest coverage — converting a straightforward claim into a coverage fight.

It also delays access to coverage you already bought. MedPay, collision and rental are available immediately and do not wait for a fault determination that may take weeks.

Why the other driver's insurer is not going to solve your problem quickly

Liability insurance pays once, at the end, in a lump sum. It does not pay medical bills as they arrive and it does not repair your car while fault is disputed.

Until liability is accepted, the other carrier's obligation is to investigate its own insured's exposure, not to fund your recovery. That investigation can take weeks, and nothing obligates it to be fast.

Meanwhile your own collision coverage repairs the car now, subject to your deductible, and your insurer pursues reimbursement from the at-fault carrier through subrogation — including your deductible if the recovery succeeds. That process runs in the background while you get on with treatment.

The medical authorization request

Within the first two weeks the other driver's insurer will usually send a medical authorization form and describe it as necessary to process the claim.

Read what it covers. Broad authorizations grant access to your complete medical history rather than accident-related records. That history is then reviewed for any prior complaint that can be offered as the real cause of your current symptoms.

Records relevant to the claim can be provided in a targeted way, at the appropriate stage, without opening your entire file. Declining a blanket authorization is not obstruction and it does not entitle anyone to deny your claim.

If the other driver has no insurance or leaves the scene

Report it to your own insurer immediately and specifically ask about uninsured motorist coverage, governed by Cal. Ins. Code § 11580.2. UM coverage applies when the at-fault driver has no insurance and, in many policies, when they cannot be identified at all.

Hit-and-run claims frequently require prompt reporting to law enforcement as a condition of UM coverage. The police report is not optional in that situation.

Underinsured motorist coverage handles the more common problem: a driver with California's minimum 30/60/15 limits and damages that exceed them. Check your declarations page for UM and UIM before assuming there is nothing to pursue.

What each call should accomplish

The call to your own insurer: give notice, establish the claim, confirm which coverages apply, and ask what your deductible is and whether rental coverage is included.

The call from the other insurer: confirm the basic facts, decline the recorded statement, decline the blanket authorization, and take the adjuster's name, direct number and claim number.

Neither call is the place to discuss fault, to describe injuries that have not been diagnosed, or to accept or reject anything. Both calls should be short.

How it works

What happens when you call before you call them

Ten minutes of orientation before the first insurance call is worth more than any correction after it.

1

We look at your claim

We go through your own coverage, what applies now regardless of fault, and what each insurer is entitled to ask for.

2

The calls happen in the right order

Notice given properly to your own carrier, and opposing-carrier contact handled so nothing is created that has to be corrected later.

3

Coverage gets used

MedPay, collision, rental and uninsured motorist identified and claimed rather than sitting unused while you wait for the other side.

4

Zero upfront cost

Our fee comes from the recovery only. If there is no recovery, you owe nothing.

Common questions

Reporting an accident in California — answers

Yes. Nearly every auto policy requires prompt notice of an accident regardless of fault, and late notice can give the carrier grounds to contest coverage. Reporting is not an admission of fault. It is also how you access coverage you already pay for, including Medical Payments, collision and uninsured motorist, none of which depends on who caused the crash.
California regulation restricts surcharging a policyholder for an accident in which they were not principally at fault, so the assumption that any report raises rates is largely misplaced. Weigh that against the concrete risk of not reporting, which is a potential coverage dispute with your own insurer over late notice at exactly the moment you need the policy to respond.
You may confirm basic facts such as the date, location and vehicles involved, but you have no contract with that carrier and no obligation to give a recorded statement or sign a broad medical authorization. Declining either is not obstruction and cannot properly be used to deny your claim. Take the adjuster's name, direct number and the claim number, and keep the call short.
California requires an SR-1 report to the DMV within ten days when an accident causes injury, death, or property damage over one thousand dollars. This is separate from any insurance claim and separate from the police report. It is a common requirement to overlook, and failing to file it can affect your driving privilege.
Notify your own insurer immediately and ask specifically about uninsured motorist coverage under Cal. Ins. Code section 11580.2. UM applies when the at-fault driver has no coverage and, under many policies, when the driver cannot be identified, as in a hit-and-run. Hit-and-run claims often require prompt reporting to law enforcement as a condition of coverage, so the police report matters. Underinsured motorist coverage handles the more common situation of a driver whose limits are too low for your damages.

Not sure who to call or what to say? Ask before you call.

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Sources cited on this page — Do you call your insurance or theirs

Statutes, regulations and agencies referenced on this page. Verify any deadline against the primary source.

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