Calling the Police After a Car Accident in California: Is It Mandatory?

Being in a car accident can be a disorienting and stressful experience. With adrenaline running high, it can be hard to think clearly about what steps to take next. One key decision is determining if you need to contact the police after the collision. While it may seem easier to just exchange information and go on your way, there are important legal considerations regarding when you must call law enforcement in California.

This guide will provide an overview of when California motor vehicle laws require calling the police, when it is recommended to call, and when notifying law enforcement is unnecessary. Knowing these rules can ensure you remain compliant and protect yourself after an auto collision in California.

When You Must Call the Police After an Accident

In some accident scenarios, you are legally obligated to contact the police per California Vehicle Code:

If There are Any Injuries

If anyone involved in the accident sustained any type of injury, you must alert law enforcement as soon as possible. This is mandated by California Vehicle Code 20008 VC:

• 20008. (a) The driver of a vehicle, other than a common carrier vehicle, involved in any accident resulting in injuries to any person shall immediately stop the vehicle at the scene of the accident...and shall fulfill the requirements of Sections 20003 and 20004.

Thus, even a minor complaint of pain requires calling the police. The penalties for violating this law are increased if the victim’s injuries are permanently disabling or fatal. Leaving the scene of an accident that resulted in injuries can be charged as a hit and run, exposing you to fines exceeding $10,000 and up to one year in county jail.

If There is Major Property Damage

Under California Vehicle Code 20002 VC, you must notify police if an accident caused major property damage, such as:

• Damaging another vehicle to the extent that it is inoperable and needs towing.
• Taking out a fire hydrant, telephone pole, or street sign.
• Colliding with a building or private property.

Failure to report accidents involving major damage can again be charged as a hit and run. Penalties increase if the damaged property belongs to the government or a public utility.

If Any Drivers Appear Intoxicated

If you suspect that any of the motorists involved in the collision may be under the influence of alcohol or drugs, you must contact law enforcement even if there were no injuries or vehicle damage. California Vehicle Code 20008 VC states that:

• 20008. (b) Any traffic collision in which a driver may be subject to prosecution under Section 23140, 23152, or 23153 shall be reported within 24 hours of the occurrence to the police department...having jurisdiction...

Sections 23140, 23152, and 23153 cover California laws against driving under the influence of alcohol or drugs. Failing to report a DUI-related accident can also be charged as a hit and run.

If Vehicles Are Blocking Traffic

If the damaged vehicles are unable to be moved and are blocking the flow of traffic, you are required by California Vehicle Code 20002 VC to immediately notify law enforcement so officers can redirect traffic safely around the scene. Leaving your vehicle unattended while blocking traffic lanes also violates other California traffic laws.

If Any Drivers Leave the Scene

If any party involved in the accident leaves the area without stopping, you must call the police immediately. California Vehicle Code 20001 VC states:

(a) The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident.

Punishment is severe for hit and run offenses involving death or serious injuries. Jail time increases depending on factors like prior offenses and number of victims.

When Calling the Police is Recommended

While the above scenarios legally require contacting law enforcement, officers often recommend reporting any non-minor accident even if not mandated by California law. Here are some situations where calling the police is a good idea:

Moderate Vehicle Damage

Even if the vehicles are still safely operable after the collision, having noticeable damage makes getting a police report prudent. A neutral accident report can help resolve insurance disputes if questions later arise over fault or who caused the accident. The police report number is also required for the California DMV form SR-1.

Confrontational Driver Behavior

If the other motorist acts angry, aggressive, or uncooperative, calling law enforcement can help defuse the situation. Officers are trained to take control of heated disputes and sort out eyewitness accounts. Simply having a police presence may calm down drivers before things escalate.

Feeling Unsafe at the Scene

Depending on factors like time of day, location, or individuals involved, you may feel unsafe remaining at the crash site. Calling the authorities brings emergency responders who can provide security if you are uncomfortable. In a remote area, police can also dispatch tow trucks faster than you could independently.

Uninsured Driver

If either you or the other driver does not have auto insurance, contacting police starts a paper trail that can protect you if claims arise later. Under California law, uninsured drivers must file an accident report with law enforcement to avoid DMV registration suspension. The report number helps document fault and compliance.

While not absolutely required in the above situations, taking the proactive step of calling law enforcement can provide valuable peace of mind and evidence if issues develop down the road.

When Calling the Police is Unnecessary

There are some minor accident scenarios where contacting police is typically not needed:

• Minor Fender Bender: If the accident resulted in just paint scraping or small dents but no real damage, calling law enforcement may be excessive. Drivers can self-report the incident to insurance without a formal police report.
• Successfully Exchanged Information: After a minor accident without injuries, if you and the other driver have successfully collected each other’s names, contact info, insurance details, and vehicle/license plate numbers, calling the police may be redundant.
• Vehicles Are Movable: Unblocking the roadway or posing a safety hazard, lightly damaged cars that can still be prudently driven likely do not require law enforcement.
• Private Property: If a collision occurs in a parking lot or private driveway, contacting property owners or managers may suffice over calling police. However, law enforcement can still provide useful assistance with liability disputes on private property when requested.

What to Do After Calling the Police

Once you have contacted law enforcement as required after an accident, here are some key steps to take:

Under California Vehicle Code 20002 VC, drivers are legally required to remain at the crash site until police have arrived and carried out their duties. The only exception is needing urgent medical care. Leaving early can lead to criminal hit and run charges.

Use your smartphone to thoroughly photograph damage to all vehicles involved, skid marks on the roadway, any debris/fluids, injuries to those involved, and the overall accident location. Having time and date-stamped photos can serve as crucial evidence if any aspect of the collision is disputed later.

Speak to any bystanders who saw the accident unfold and obtain their full name and contact number. Witness accounts provide impartial corroboration of how the incident occurred. If possible, briefly record witnesses describing what they saw for additional documentation.

Provide a factual, detailed statement to the officers once they arrive at the scene. Admit fault truthfully if you believe you caused the collision. Consistently declining to speculate or give opinions preserves credibility. Anything you say to police can be used later, so be helpful but strategic.

Ask the officers for a copy of the eventual accident report for your records, which you are entitled to under California Vehicle Code 20012 VC. Having the report proves you complied with calling the police and provides the report case number needed for insurance claims.

Following these steps preserves key evidence and ensures you meet your legal obligations after the authorities have been contacted.

What Information to Provide the 911 Dispatcher

When calling 911 to report an accident, the dispatcher will ask you several key questions to help direct the appropriate emergency response. Be prepared to provide:

• The exact location and any landmarks or cross streets
• A brief description of what happened
• The number of vehicles involved and extent of damage
• If there are any injuries and their severity
• If any vehicles are blocking traffic
• Your name and contact number

Providing clear, accurate details allows dispatch to send necessary medical, police, and towing assistance quickly.

When An Attorney Can Report For You

In limited cases, you may be unable to stay at the scene yourself to notify police, like needing immediate medical care. A personal injury attorney can help by:

• Gathering accident info from you at treatment center
• Dispatching an investigator to document scene
• Reporting required details to authorities on your behalf

This ensures you still properly comply with reporting laws when physically unable.

Get the Compensation You Deserve After an Accident in California

If you or a loved one has been injured in a car accident in California, contacting the police is an important first step. While the law does not always require you to call the police after a minor accident, having an official report can help protect your rights and ability to recover damages.

At KP Law, our experienced California accident attorneys understand how to build a strong claim after a car crash. Our goal is to maximize your compensation so you can focus on recovery. If you need legal guidance after an accident, contact KP Law today at 866-973-5691 for a free case consultation.

Our team will evaluate your case at no cost and advise you on the best steps to take. Don't leave your claim to chance – get the experienced help you deserve.