What to Do After a Car Accident in California: A Step-By-Step Legal Guide

What you do after a car accident in California can make a major difference in your health, safety, and ability to recover compensation. Immediate medical care protects you physically, and proper documentation helps strengthen any legal claim you may file.

If the crash is serious, contacting an attorney is often a smart step. A California car accident lawyer can help you avoid insurance pitfalls and improve your chances of securing fair compensation.

Above all, prioritize safety: get medical help, protect others at the scene, and avoid unnecessary risks. When possible, follow these steps.

Call 911 and Get to Safety

After a California car accident, move to a safe location and call 911. Emergency responders can treat injuries, and law enforcement can file a report, which may become important evidence later.

Never leave the scene. California law requires you to remain there to exchange information with the other driver. You must also report a crash if anyone is injured (even slightly), if someone is killed, or if property damage is estimated at more than $1,000.

Document the Injuries and Damage Present

Thorough documentation can make or break a claim. Use your phone to take:

• Photos of your vehicle’s damage
• Photos of other vehicles involved
• Damage to the surrounding property or the roadway
• Debris on the road
• Visible injuries

It also helps to capture a video showing the position of vehicles, skid marks, and other details. If possible, photos or videos should be taken before the vehicles are moved in order to show their positioning at the time of the collision. Strong visual evidence can clarify how the crash occurred.

Get the Information You Need from All Parties

Accident claims in California often hinge on witness statements and driver information. If anyone saw the collision, politely ask for their name and contact details.

You’ll also need to exchange information with the other driver. Be sure to collect:

• Insurance company name and policy number
• Name, address, and phone number
• Driver’s license number
• License plate number

Obtaining insurance information is crucial to opening the claim. Taking photos of the driver’s license and insurance card ensures accuracy. Even if fault isn’t clear at the scene, exchanging information is required by law.

Get Medical Treatment After the Crash

Serious injuries may require an ambulance or emergency room care, but even if you feel “fine,” it’s best to see a doctor right away. Common crash injuries like concussions, whiplash, and internal bleeding are not always obvious at first.

Prompt treatment protects your health and creates a medical record tying your injuries to the crash — a key factor if you later pursue compensation. Follow your doctor’s recommendations, attend follow-up appointments, and keep receipts for all expenses. Avoid returning to work until you’re cleared by your physician.

Alert the Insurance Company to the Accident

Report the crash to both your insurance company and the other driver’s insurer. Provide only the basic facts: time, place, and parties involved. Avoid making detailed statements about your injuries or vehicle damage until you’ve spoken with a lawyer.

Contact an Attorney Right Away

If the accident resulted in significant injuries or financial losses, speaking with an attorney can protect your rights. A car accident lawyer can handle communications with insurers, gather evidence, and build a case for compensation.

Remember that California law sets strict time limits. You generally have two years from the date of the accident to file a personal injury lawsuit. Acting quickly ensures you don’t miss your opportunity.

Common Mistakes to Avoid After a Car Accident in California

Even when you know the right steps to take, certain mistakes can hurt your health and your ability to recover compensation. Some of the most common errors include:

• Admitting fault too early. Even a simple apology at the scene can be misinterpreted as an admission of liability. Stick to exchanging information and let the investigation determine fault.
• Delaying medical treatment. Waiting days or weeks to see a doctor gives the insurance company an excuse to argue your injuries were not caused by the crash. Always get checked right away.
• Skipping the police report. Without an official record, it may be harder to prove what happened. A police report adds credibility to your claim.
• Accepting a quick settlement. Insurance companies sometimes offer fast payments that are far lower than what your claim is truly worth. Review any settlement carefully before agreeing.
• Posting on social media. Photos or comments about your accident or activities can be used against you in a claim. It’s best to stay off social media until your case is resolved.

Avoiding these mistakes strengthens both your recovery and your claim.

Frequently Asked Questions

What if the other driver doesn’t have insurance?

If the other driver is uninsured/underinsured, you still need to follow the steps above. If you carry uninsured/underinsured motorist coverage, you may be able to file a claim through your own policy.

Should I speak to the insurance company after the accident?

It’s best not to speak with the insurance company until after you’ve contacted one of MKP’s lawyers. If necessary, liimit your communication to basic facts about the collision. Do not provide recorded statements or discuss your injuries until you’ve consulted with an attorney.

Can I still recover compensation if I was partially at fault?

Yes. California follows pure comparative negligence, which means you can recover compensation even if you were mostly at fault. However, your recovery is reduced by your percentage of fault.

How long do I have to file a personal injury claim in California?

The statute of limitations is generally two (2) years from the date of the accident. If you are only seeking property damage, the deadline is three years. Missing these deadlines usually means entirely losing your right to recover compensation. If the claim is against the state, city or municipality than the deadline to file a claim is six (6) months from the date of the incident.

Do I need a lawyer after a minor car accident?

If the accident caused no injuries and only minor vehicle damage, you may be able to handle the insurance process on your own. However, if you have any physical pain or financial losses, consulting with a lawyer can help ensure you are not underpaid by the insurance company.

What damages can I recover after a car accident in California?

You may be able to recover compensation for medical expenses, lost wages, property damage, pain and suffering, and in some cases, future medical care or loss of earning capacity. The exact damages depend on the facts of your case.

How much does it cost to hire a California car accident lawyer?

Most car accident lawyers in California work on a contingency fee basis, which means you do not pay upfront. Instead, the lawyer receives a percentage of any settlement or verdict. If you do not win compensation, you typically do not owe attorney’s fees.