The Driver Who Hit You Was Arrested. Here Are the Deadlines Running Against You.

An arrest starts the criminal process. It doesn't start your compensation. Here's what to do and how much time you actually have.

By El Dabe Ritter Trial Lawyers, Neighbor

Jun 1, 2026 12:52 pm PDT

This post was contributed by a community member.

When the driver who caused your accident is arrested, it can feel like justice is being served. In one sense, it is but not the kind that pays your medical bills, replaces your lost income, or covers your recovery.

The criminal case and your civil claim are two completely separate legal tracks. One runs on its own whether you participate or not. The other only moves if you start it.

Here's what Los Angeles accident victims need to know.

Your deadlines started at the crash — not the arrest

California law gives personal injury victims two years from the date of the accident to file a civil lawsuit. That clock doesn't pause for a DUI investigation, a criminal trial, or a sentencing hearing.

If a city vehicle, a Caltrans road defect, or a public bus was involved, the window is even shorter: six months to file an administrative claim before any lawsuit is possible.

And there's a lesser-known 10-day deadline that catches many people off guard: California Vehicle Code § 16000 requires any driver involved in an injury accident to file an SR-1 form directly with the DMV — separate from the police report — within 10 calendar days. Missing it has real consequences.

What to do in the first 48 hours

Call 911 and stay at the scene until law enforcement arrives

Photograph vehicle positions, road conditions, skid marks, and any visible injuries

Collect names and contact information from any witnesses before they leave

Accept medical evaluation at the scene, even if you feel fine — adrenaline masks injuries reliably, and a gap in your medical record is the first thing insurers will use against you

Do not give a recorded statement to the other driver's insurance company — you have no legal obligation to, and it will be used to minimize your claim

What the arrest means for your civil case

If the driver is charged with DUI causing injury and convicted, that conviction can be used directly in your civil case. Under established California case law, a DUI conviction can also support punitive damages — compensation above and beyond your medical bills and lost wages that standard auto insurance policies don't cover.

Surveillance footage from nearby businesses and traffic cameras is typically overwritten within 30 to 72 hours. Every day without an attorney is a day that evidence window narrows.

The bottom line

The arrest is the beginning of the criminal process, not the end of yours. Your civil rights as an accident victim exist entirely outside the courthouse, and they're time-sensitive.

El Dabe Ritter Trial Lawyers, is a personal injury law firm in Southern California.

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