Car accident

Hurt in a car crash. What now?

The other driver’s insurer may call before your pain settles down. Here is what the law in California, Texas and Washington actually says about fault, insurance, deadlines and the calls you are about to get.

The short answer

See a doctor now, even if you feel mostly fine. Neck, back and head injuries often show up a day or two later, and an untreated gap is the first thing an insurer points to.
Report the crash. Each state has its own rule about who must report, to whom and how fast. The table below has all three.
Do not give the other insurer a recorded statement before you have talked to a lawyer. You have no duty to help the other side build its case.
Check your own policy. Your own uninsured motorist, medical payments or personal injury protection coverage may pay bills now, while the fault claim is sorted out.
Know the clock. Two years to sue in California and Texas, three in Washington, and much less if a government vehicle or a public road defect is involved.

The first days

Three things matter more than anything else in the first week: your medical care, the record of what happened, and what you say to insurers. Get care first. Then gather what you can: the police report number, photos of both cars and the scene, the names and numbers of anyone who saw it, and the other driver’s insurance card. Write down what you remember while it is fresh, including how you feel each day.

The other driver’s insurer will probably call within a day or two. Its adjuster may be friendly and may offer to pay for the car quickly. You can give basic facts: the date, the place, the cars involved. You do not have to describe your injuries, guess at speeds or distances, or agree to a recorded statement. A statement given on day two, before you know how hurt you are, follows the claim for its whole life.

If your car is not drivable, the property claim can usually move faster than the injury claim and on a separate track. Settling the car does not settle the injury, but read what you sign: a release that mentions “all claims” can.

The first 72 hours checklist walks through this hour by hour.

Who pays, and what if it was partly your fault

In all three states the driver who caused the crash, and that driver’s liability insurer, pay for the harm. The harder question is what happens when both drivers share the blame, and here the states split hard.

California and Washington reduce your recovery by your share of the fault and nothing more. A person found 30 percent responsible recovers 70 percent of the loss. Texas is different: a person found more than 50 percent responsible recovers nothing at all. Fault is argued, not measured, so in Texas the fight over who did what matters more than anywhere else.

Washington has one more wrinkle. A person who was under the influence, when that was a cause of the injury and they were more than 50 percent at fault, is barred entirely.

Where the money comes from

The other driver’s liability policy is the first source. The problem is how small the legal minimums are: $30,000 per person in California and Texas, $25,000 in Washington. One night in a hospital can pass that. When the other driver carries only the minimum, or no insurance at all, your own policy is next in line.

Uninsured and underinsured motorist coverage pays what the other driver’s policy cannot. In all three states insurers must offer it, and in all three it is part of your policy unless you turned it down in writing. Many people have it and do not know it. Texas and Washington also require insurers to offer personal injury protection, which pays medical bills and some lost wages no matter who was at fault. California has no such requirement, but many policies carry optional medical payments coverage.

A claim on your own policy does not raise the question of fault the same way, but it is still a claim against an insurer that would rather pay less. The who pays the bills page goes further.

When a lawyer is worth calling

Not every crash needs a lawyer. A minor collision with no injury, a clear admission of fault and a fair offer on the car can be handled alone. A lawyer is worth calling when you are hurt, when fault is disputed, when the other driver is uninsured or underinsured, when a government or commercial vehicle is involved, or when the adjuster’s offer arrives before your treatment is finished.

The call commits you to nothing. The firm hears what happened, tells you where you stand, and takes the matter on if it can. If it cannot, it says so.

Your next step

Talk to a lawyer about your car accident

Tell the firm what happened, in your own words. It tells you what it can do and what comes next. The call commits you to nothing, and the line is answered at any hour.

Ask for a call back Or call 800-300-0001Or call 800-300-0001

The rules, with their sources

These are the rules of law this page relies on. Each one is a general statement with exceptions that are not shown, and each links to the statute, regulation or court decision it comes from.

Topic	California	Texas	Washington
Duties at the scene	Stop at once, give your name, address and vehicle registration, show your license if asked, and give reasonable help to anyone injured, including arranging for medical care. [1]	Stop, stay at the scene, exchange your name, address, vehicle registration and insurance information, show your license if asked, and give reasonable help to anyone who is hurt. [2]	Stop, give your name, address, insurance company, policy number and license plate, show your driver’s license, and give reasonable help to anyone injured. In a crash with only property damage, move the vehicles off the road as soon as you can. Moving them does not affect who is at fault. [3]
Reporting the crash	Two separate reports. A driver in a crash that injures or kills someone must make sure a written report reaches the CHP or city police within 24 hours. And any crash with an injury, a death, or more than $1,000 in damage to one person’s property must be reported to the DMV within 10 days on form SR 1. [4]	Call the police right away if anyone is hurt or killed, or if a vehicle cannot be safely driven. Texas no longer has a state crash report for drivers to file. The investigating officer files the report (form CR-3) when there is an injury, a death, or apparent damage of $1,000 or more. [5]	If no officer investigates, a driver must file a collision report within four days when anyone is injured or killed, or when damage to any one person’s property is $1,000 or more. [6]
If you were partly at fault	California reduces your damages by your percentage of responsibility. There is no cutoff: you can recover something even if you were mostly at fault. [7]	Texas reduces your damages by your percentage of responsibility. If you are found more than 50 percent responsible, you recover nothing. [8]	Your share of fault reduces your damages by that percentage but does not bar your claim. One exception: an injured person who was under the influence can be barred entirely if that was a cause of the injury and they were more than 50 percent at fault. [9]
Minimum liability insurance drivers must carry	$30,000 for the injury or death of one person, $60,000 for two or more people, and $15,000 for property damage, for policies issued or renewed since January 1, 2025. The older figures of $15,000, $30,000 and $5,000 no longer apply. [10]	$30,000 for the injury or death of one person, $60,000 for two or more people, and $25,000 for property damage, in one collision. [11]	$25,000 for the injury or death of one person, $50,000 for two or more people, and $10,000 for property damage, in one accident. [12]
Uninsured and underinsured motorist coverage	Every auto liability policy includes uninsured and underinsured motorist coverage unless the insurer and a named insured removed or reduced it in a signed written agreement. [13]	An auto policy in Texas must include uninsured and underinsured motorist coverage unless a named insured rejected it in writing. If you never signed a rejection, you may have this coverage without knowing it. [14]	A new auto policy must include underinsured motorist coverage, which in Washington also covers uninsured, hit and run and phantom vehicles, unless the named insured or spouse rejected it in writing. [15]
Coverage for your own medical bills	California does not require drivers to carry coverage for their own medical bills. Medical payments coverage is optional. Where a policy has it, it can pay for immediate medical care no matter who was at fault. [16]	Personal injury protection (PIP) is part of every auto policy unless it was rejected in writing. The statute does not require an insurer to provide more than $2,500 per person, and PIP pays no matter who was at fault. [17]	Insurers must offer personal injury protection (PIP) with every auto policy, and it can only be declined in writing. The minimum benefits are $10,000 for medical and hospital care, plus limited amounts for lost income, household services and funeral costs. [18]
Deadline to sue for an injury	Generally two years for an injury caused by someone else’s wrongful act or carelessness. [19]	Two years from the day the claim arises. For most crashes and falls that is the day of the injury. [20]	Three years for most injury claims. [21]
Deadline for vehicle and property damage	Three years for damage to a vehicle or other personal property. [22]	Two years for damage to a vehicle or other property. [20]	Three years for damage to a vehicle or other personal property. [21]
Claims against a government agency	A written claim must be presented to the city, county, state agency or other public entity within six months. If the entity sends a proper written rejection, a lawsuit generally has to be filed within six months of that notice. A request to file late must be made within a reasonable time, not to exceed one year after the claim arose. The statute leaves a few narrow kinds of time out of that year. [23]	A city, county, school district or state agency must receive notice of the claim within six months of the incident. The notice describes the injury or damage, the time and place, and what happened. A city’s charter can set its own notice period, which may be shorter, so do not assume you have the full six months. [24]	Before suing a city, county or other local government, you must present a tort claim form to its designated agent and then wait 60 calendar days. Claims against the State go to the Office of Risk Management with the same 60 day wait. The form has to be presented within the normal limitation period, and that period is paused during the 60 days. [25]

Sources

The rules on this page were last checked against these sources on October 3, 2026. Laws change, so follow the link before you rely on a rule.

Attorney review in progress. Responsible attorney: Emery Brett Ledger. Page last updated October 26, 2026.