What to Do After a Car Accident in California: A Complete Legal and Medical Guide
A car accident happens in seconds. What you do in the minutes, hours, and days that follow can determine whether you recover full compensation or whether the insurance company uses your own actions against you.
California has specific legal requirements after an accident, and insurance companies begin building their defense the moment the crash occurs. This guide covers every step you need to take to protect your health, your rights, and your financial recovery.
Quick answer: After a car accident in California, your immediate priorities are: ensure safety and call 911 if anyone is injured, stay at the scene, exchange information with the other driver, document the scene with photos and video, seek medical attention even if you feel fine, report the accident to the DMV within 10 days if anyone was injured or killed or if property damage exceeds $1,000, and consult a personal injury attorney before giving any recorded statement to an insurance company.
Step 1: Stay at the Scene and Ensure Safety
California law requires drivers involved in an accident to stop immediately. Leaving the scene of an accident involving injury or death is a criminal offense under California Vehicle Code Section 20001 and can result in felony charges.
Once you have stopped, prioritize safety:
Turn on your hazard lights
Move vehicles out of active traffic lanes if they are drivable and it is safe to do so
Check yourself and passengers for injuries
Check on occupants of the other vehicle
Do not move anyone who may have a spinal or neck injury unless they are in immediate danger from fire or traffic. Moving an injured person incorrectly can worsen spinal damage significantly.
Step 2: Call 911
Call 911 any time someone is injured, even if the injury appears minor. Paramedics should evaluate everyone involved. Many serious injuries including concussions, internal bleeding, and herniated discs produce no obvious symptoms at the scene.
A police report also creates an official record of the accident that becomes a critical piece of evidence in your claim. In Los Angeles, officers from the LAPD or California Highway Patrol will respond depending on where the accident occurred. Request a copy of the report as soon as it is available.
If police do not respond to a minor accident, you can file a report yourself at the nearest CHP office or online through the CHP website.
Step 3: Exchange Information But Do Not Admit Fault
California law requires drivers to exchange the following information at the scene:
Full legal name and contact information
Driver's license number
Vehicle registration
Insurance company name and policy number
Collect this information from every driver involved. Also gather contact information from any witnesses including bystanders, pedestrians, or other drivers who saw the collision. Witness statements can be decisive in disputed liability cases.
What not to say at the scene: Do not apologize, speculate about fault, or make any statements about your injuries or how you feel. Even saying "I'm fine" can be used by an insurer to argue your injuries were not caused by the accident. Fault is a legal determination, not something to negotiate at the scene.
Step 4: Document Everything
Your phone is one of the most important tools you have after an accident. Before vehicles are moved or the scene changes, photograph and video:
All vehicles involved from multiple angles, including damage, license plates, and position on the road
Skid marks, debris, and road conditions
Traffic signals, stop signs, and intersection layout
Visible injuries on yourself or passengers
Weather and lighting conditions
Any surveillance cameras mounted on nearby buildings or traffic poles
In Los Angeles, traffic camera footage from LADOT and Caltrans is sometimes retrievable, but it must be requested quickly. Footage is typically overwritten within 30 to 90 days. An attorney can send a preservation letter immediately to prevent this.
Step 5: Seek Medical Attention Immediately Even If You Feel Fine
This is the step most accident victims skip, and it is the one that causes the most damage to their claims.
Many serious injuries have delayed onset. Symptoms from concussions, whiplash, herniated discs, and soft tissue injuries frequently do not appear until 24 to 72 hours after the collision. Internal injuries can take even longer to manifest.
If you delay medical treatment, the insurance company will argue two things: that your injuries were not caused by the accident, and that they were not serious enough to require immediate care. Both arguments can significantly reduce your recovery.
Go to an emergency room, urgent care, or your primary care physician the same day as the accident. Follow all treatment recommendations, attend every follow-up appointment, and do not stop treatment before your doctor clears you. Gaps in treatment are one of the primary tools insurers use to minimize claims.
Geller Legal's medical-legal advantage: Our team includes professionals with medical backgrounds who understand how to review imaging studies, interpret injury documentation, and work with your treating physicians to ensure the full medical picture of your injuries is captured and presented accurately.
Step 6: Report the Accident to the California DMV
California law requires you to report an accident to the Department of Motor Vehicles within 10 days if anyone was injured or killed, or if property damage to any one person's property exceeds $1,000.
This is a legal requirement separate from any insurance claim or police report. Failure to file can result in suspension of your driver's license. You can file using Form SR-1, available through the DMV website or your insurance company.
Step 7: Notify Your Insurance Company But Know What Not to Say
You are required to notify your own insurance company promptly after an accident. However, you are not required to give a recorded statement to the other driver's insurance company.
When speaking with your own insurer, provide the basic facts including date, location, and vehicles involved, but avoid making detailed statements about the accident or your injuries until you have consulted an attorney. Early statements made before your injuries are fully understood can be used to limit your claim.
The other driver's insurance company will contact you and request a recorded statement. You have no legal obligation to provide one. Politely decline and direct them to contact your attorney.
Step 8: Preserve All Evidence and Records
From the date of the accident forward, preserve everything:
All medical records, bills, and treatment documentation
Prescription receipts and medical equipment costs
Photographs of your injuries as they develop over days and weeks
Wage records if you miss work
Receipts for any out-of-pocket expenses related to the accident
A personal journal documenting your daily pain levels, limitations, and how the injury affects your life
This documentation forms the factual foundation of your damages claim. The more detailed and consistent the record, the stronger your case.
Step 9: Do Not Post About the Accident on Social Media
Insurance companies and defense attorneys routinely monitor the social media accounts of injury claimants. A single photograph of you at an event, a comment about feeling better, or any post that appears inconsistent with your claimed injuries can be used to challenge the severity of your damages.
Do not post anything about the accident, your injuries, or your legal claim on any social media platform from the date of the accident through the resolution of your case.
Step 10: Consult a California Personal Injury Attorney Before Accepting Any Settlement
Insurance companies often make early settlement offers shortly after an accident, while you are still in the acute phase of treatment and before the full extent of your injuries is understood. These offers are structured to close your claim at the lowest possible cost.
Once you accept a settlement and sign a release, you cannot reopen the claim even if your injuries turn out to be far more serious than initially understood. Consulting an attorney before accepting any offer ensures you understand the full value of your claim before waiving your rights.
Most California personal injury attorneys, including Geller Legal, work on a contingency fee basis. There are no upfront fees and no payment unless compensation is recovered.
California-Specific Legal Requirements Summary
Remain at the scene: Required by California Vehicle Code Section 20001 and 20002. Leaving is a criminal offense.
Exchange information: Required under California Vehicle Code Section 16025.
Report to DMV within 10 days: Required using Form SR-1 if anyone was injured or killed or property damage exceeds $1,000.
Report to police within 24 hours: Required if anyone was killed or injured and police did not respond to the scene.
Statute of limitations: Two years from the date of the accident to file a lawsuit against a private party. Six months to file a government tort claim if a government vehicle or roadway defect is involved.
Common Mistakes That Hurt California Car Accident Claims
Apologizing at the scene. Any statement suggesting fault, even a reflexive "I'm sorry," can be used against you during negotiations or litigation.
Declining medical care. Refusing treatment at the scene or delaying your first medical visit creates a gap that insurers exploit to argue your injuries were not caused by the accident.
Giving a recorded statement. You are not required to give one to the other driver's insurer. Doing so without legal counsel almost always hurts your claim.
Accepting the first settlement offer. Early offers are almost never full value. They are designed to close the claim before the full extent of your injuries and damages is known.
Posting on social media. Any content that appears inconsistent with your claimed injuries will be used to challenge your case.
Waiting too long to consult an attorney. Evidence disappears. Surveillance footage is overwritten. Witnesses become unreachable. Early legal involvement protects your claim from the first day.
Frequently Asked Questions
Do I have to call the police after a car accident in California? You are required to call police if anyone is injured or killed. If no one is injured and damage is minor, police may not respond, but you should still file a report with the CHP or local department to create an official record. A police report is valuable evidence in your insurance claim and any subsequent lawsuit.
What if the other driver does not have insurance? California requires drivers to carry minimum liability insurance, but many do not. If the at-fault driver is uninsured, your own uninsured motorist coverage may apply. An attorney can identify all available coverage sources including your own policy, umbrella policies, and any applicable commercial coverage.
Should I see a doctor if I feel fine after the accident? Yes. Many significant injuries including concussions, internal bleeding, herniated discs, and soft tissue injuries produce no immediate symptoms. Seeing a doctor the same day creates a medical record connecting any injuries to the accident. Waiting days or weeks makes that connection much harder to establish.
Do I have to give a recorded statement to the insurance company? You are required to cooperate with your own insurance company. You are not required to give a recorded statement to the other driver's insurer. Politely declining and directing them to your attorney is the safest course of action.
How long do I have to file a car accident lawsuit in California? Two years from the date of the accident for claims against private parties under California Code of Civil Procedure Section 335.1. If a government entity is involved, you may have only six months to file a government tort claim. Do not assume you have time to wait.
What if I was partially at fault for the accident? California follows a pure comparative negligence rule. You can still recover compensation even if you were partially at fault. Your recovery is reduced by your percentage of fault. An experienced attorney ensures fault is assessed accurately and not artificially inflated by the insurer.
How much is my car accident case worth in California? Case value depends on the severity of your injuries, the clarity of liability, available insurance coverage, lost wages, future medical needs, and the impact on your quality of life. No honest attorney gives you a number before reviewing your medical records and the full facts of the case.
The Steps You Take Now Determine What You Recover Later
Car accidents in California are not just medical events. They are legal events from the moment of impact. The decisions you make in the first hours and days directly affect your ability to recover full and fair compensation.
At Geller Legal | Personal Injury Attorneys, we handle every aspect of your claim from the first call through final resolution. Our team brings both legal precision and medical expertise to each case, which means we understand your injuries, your treatment, and your long-term needs in ways that purely legal firms cannot match.
We serve injured clients throughout California. If you were injured in a car accident in the Los Angeles area, including Los Angeles, Long Beach, Pasadena, Glendale, Burbank, Santa Monica, Torrance, Inglewood, and the surrounding communities of Los Angeles and Ventura counties, our team is ready to help you today.
Contact Geller Legal for a free, confidential consultation with Attorney Michael Geller.