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The moments following a car accident can be overwhelming and confusing. Knowing exactly what steps to take can protect your health, preserve your legal rights, and strengthen any future insurance claim or personal injury case. This guide walks you through what California law requires and what actions will best protect your interests.
At the Scene: Immediate Steps
Check for injuries and call 911. Your first priority is safety. Check yourself and your passengers for injuries. If anyone is hurt—or if you’re unsure—call 911 immediately. Even if injuries seem minor, emergency responders can provide medical assessment and document the scene.
Move to safety if possible. If the accident is minor and vehicles are drivable, California law requires you to move them out of traffic lanes to prevent additional accidents. However, if anyone is seriously injured or if moving the vehicle could cause further harm, leave everything in place until help arrives.
Do not leave the scene. Leaving the scene of an accident—especially one involving injuries—is a serious crime in California. Stay at the scene until you’ve exchanged information with the other driver and, if police respond, until they’ve completed their investigation.
Exchange information with the other driver. California law requires drivers involved in accidents to exchange the following information: names and contact information, driver’s license numbers, license plate numbers, insurance company names and policy numbers, and vehicle registration information.
Be polite but stick to exchanging information. Do not admit fault or apologize for the accident—even a simple “I’m sorry” can be used against you later.
Document Everything
Take photographs. Use your phone to photograph the accident scene from multiple angles, damage to all vehicles involved, the positions of the vehicles before they’re moved, skid marks, debris, or road conditions, traffic signs or signals nearby, visible injuries (bruises, cuts, swelling), and the other driver’s license plate, insurance card, and driver’s license.
Gather witness information. If anyone witnessed the accident, get their names and phone numbers. Witness statements can be crucial if there’s a dispute about what happened.
Note the details. While your memory is fresh, write down the time and location of the accident, weather and road conditions, what you remember happening, and any statements the other driver made.
California Reporting Requirements
California has specific legal requirements for reporting accidents that you must follow.
Report to police or CHP. Under California Vehicle Code § 20008, if an accident results in injury or death, you must report it to the California Highway Patrol (for freeway accidents) or local police (for city street accidents) within 24 hours. If officers respond to the scene, they’ll file the report.
Report to the DMV. According to the California DMV, you must complete an SR-1 report and send it to the DMV within 10 days if someone is injured (no matter how minor), someone is killed, or property damage exceeds $1,000.
This SR-1 report is required even if police filed their own report at the scene. Failure to file can result in suspension of your driver’s license. You can file the SR-1 online through the DMV website, and your insurance company may file it on your behalf.
Seek Medical Attention
Even if you feel fine immediately after the accident, see a doctor as soon as possible—ideally within 24 to 48 hours. Many injuries, including whiplash, soft tissue injuries, and even traumatic brain injuries, don’t show symptoms immediately.
Prompt medical attention serves two purposes. First, it protects your health by identifying injuries before they worsen. Second, it creates a medical record linking your injuries to the accident—essential documentation if you later file an insurance claim or lawsuit.
Tell your doctor about the accident and describe all symptoms, even minor ones. Keep all medical records, receipts, and documentation of your treatment.
Notify Your Insurance Company
Most insurance policies require you to report accidents promptly—often within 24 hours. Failing to report quickly could jeopardize your coverage.
When speaking with your insurance company, stick to the facts. Describe what happened without speculating about fault or making statements that could be used against you. You are not required to give a recorded statement to the other driver’s insurance company, and it’s generally advisable not to do so without consulting an attorney first.
What Not to Do After an Accident
Don’t admit fault. Even if you think you may have contributed to the accident, don’t say so at the scene or to insurance companies. Fault determination is complex, and California’s comparative fault rules mean you can recover damages even if you were partially responsible.
Don’t sign anything without understanding it. Insurance adjusters may ask you to sign medical authorizations or other documents. Read everything carefully and consider consulting an attorney before signing.
Don’t accept a quick settlement. Insurance companies often offer fast settlements before you understand the full extent of your injuries. Once you accept a settlement and sign a release, you typically cannot seek additional compensation—even if your injuries turn out to be more serious than initially thought.
Don’t post on social media. Insurance companies and defense attorneys routinely search social media for evidence to use against claimants. Avoid posting about the accident, your injuries, or your activities during recovery.
Keep Detailed Records
Maintaining thorough records strengthens your claim and helps ensure you’re fully compensated. Keep copies of the police report, all medical records and bills, receipts for medications and medical equipment, documentation of lost wages and time missed from work, records of out-of-pocket expenses related to the accident, and a journal documenting your pain levels, limitations, and how injuries affect your daily life.
Protecting Your Right to Compensation
California gives you two years from the date of the accident to file a personal injury lawsuit under the statute of limitations. While this may seem like plenty of time, evidence can disappear, witnesses’ memories fade, and building a strong case takes time.
If your injuries are significant, liability is disputed, or the insurance company isn’t treating you fairly, consulting with an attorney early in the process can protect your interests.
When to Contact an Attorney
Consider speaking with a personal injury attorney if you suffered significant injuries requiring ongoing treatment, the other driver’s insurance company is delaying or denying your claim, liability is being disputed, multiple parties may be at fault, you’re being pressured to accept a quick settlement, or you’re unsure what your claim is worth.
Our California personal injury lawyers offer free consultations to evaluate your case. We work on contingency, meaning you pay nothing unless we recover compensation for you.
Contact us today to discuss your car accident claim.
Every case is different. Tell us about yours during a free consultation.
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