What You Must Exchange, and What to Do If They Will Not
This is one of the few parts of a crash where California law is specific about what you have to do, so it is worth knowing precisely rather than approximately.
What the statute requires
Under Vehicle Code section 16025, every driver involved in an accident must exchange with the other drivers involved their name and current residence address, the registration number of the vehicle, the name and address of the vehicle's owner if that is someone else, and evidence of financial responsibility. If a driver does not have the information at hand, the section also addresses providing it another way.
Separately, Vehicle Code section 16028 requires drivers to provide evidence of financial responsibility when asked by a peace officer or, following an accident, to the other parties involved. In practice, that is your insurance card, and a digital version on your phone is normally acceptable.
What that means in the moment
Get all of it, and photograph rather than transcribe. In particular, get the owner's name if it differs from the driver's — a borrowed car, a company vehicle or a rental changes which policy responds, and finding that out on day one saves weeks.
What is not required, and is still worth having
Phone number and email. Neither appears in the exchange requirement, and both make the following weeks vastly easier. Ask politely, and if they decline, do not push it; you have what the law entitles you to.
If the other driver refuses
- Do not escalate. Nothing about that improves your position.
- Call law enforcement and say clearly that the other driver is refusing to exchange information.
- Photograph the plate and the VIN through the windshield, and the vehicle from several angles.
- Note the description of the driver and any passengers.
- Look for witnesses and get contact details before they drive off.
If they leave
Then you are dealing with a hit-and-run, which is a criminal matter as well as a claim, and the priority becomes the plate, the direction of travel and a police report.
Do not forget the DMV
Exchanging information at the scene does not satisfy the separate reporting duty under Vehicle Code section 16000, which requires a report to the DMV in defined circumstances. A police report does not satisfy it either.
If you are not certain your own evidence of financial responsibility is current, that is a two-minute conversation with us.
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Do I have to give my driver's license number?
Section 16025 lists name and current residence address, the vehicle registration number, the owner's details where different, and evidence of financial responsibility. Many drivers exchange licenses as the simplest way to satisfy it, and photographing the card is fine.
Is a photo of my insurance card on my phone acceptable?
California permits electronic evidence of financial responsibility. Keep it available offline as well, since a crash scene is exactly where the signal disappears.
What if nobody appears hurt and the damage looks minor?
The exchange requirement does not have a minor-damage exception, and injuries frequently appear the next day. Exchange information every time, and photograph the scene even when it looks trivial.