Being involved in a car accident in California is a disorienting experience. In the seconds and minutes following a collision, most people don't know what to do — and the choices you make in that window can significantly affect your health, your legal rights, and the value of any injury claim you may have.
This guide walks through every step, from the moment of impact through the resolution of your case.
What To Do At the Scene of a California Car Accident
1. Check for injuries and call 911
Your first priority is safety. Check yourself and any passengers for injuries before moving. If anyone appears injured — even with minor complaints of pain — call 911 immediately. In California, you are required by law (California Vehicle Code Section 20003) to stop, provide your information, and render reasonable assistance to anyone injured in an accident you're involved in.
Even if no one seems seriously hurt, calling 911 is advisable. A police report creates an official record that is invaluable for insurance claims and any future legal proceedings.
2. Move to safety if possible
If vehicles are driveable and the accident is minor, California law allows you to move vehicles to the shoulder or a nearby safe location to prevent further accidents. Turn on your hazard lights. If vehicles cannot be moved, stay inside with seatbelts fastened until emergency services arrive.
3. Document everything at the scene
Use your smartphone to document the accident thoroughly before anything is moved or cleaned up:
- Photos of all vehicles showing the damage and their positions
- Wide shots showing the full accident scene, traffic signals, road conditions, and street signs
- Photos of any visible injuries (bruises, cuts, abrasions)
- Photos of the other driver's license plate, insurance card, and driver's license
- Photos of any skid marks, debris, or road defects that may have contributed to the accident
- Video walkthrough of the entire scene
4. Exchange information — but don't overshare
Exchange the following with all other drivers involved:
- Full legal name and contact information
- Driver's license number and state
- Vehicle registration information
- Insurance company name and policy number
Important: Do not admit fault, apologize, or make any statements about the accident beyond exchanging information. Even saying "I'm sorry" can be used against you. California follows comparative negligence rules, meaning any admission of fault can reduce your recovery.
5. Get witness information
Independent witnesses are extremely valuable in disputed liability cases. If anyone stopped to observe the accident, ask for their name and phone number. Witnesses have no stake in the outcome and their accounts carry significant weight with insurance companies and juries.
6. Request the police report number
If law enforcement responds, get the responding officer's name and badge number and ask for the case or report number. You'll need this to obtain the official accident report, which typically becomes available within 5–10 business days through the California Highway Patrol or local police department.
In the 24–48 Hours After the Accident
Seek medical attention immediately — even if you feel fine
This is the single most important action you can take after a car accident. Many serious injuries — including whiplash, concussions, soft tissue damage, and internal injuries — do not produce immediate symptoms. Adrenaline can mask pain for hours or even days after a collision.
From a legal standpoint, gaps in medical treatment give insurance adjusters ammunition to argue your injuries weren't serious or weren't caused by the accident. California insurance companies specifically look for delays between the accident and your first medical visit as a reason to reduce or deny your claim.
Notify your insurance company
Report the accident to your own insurance company, even if you were not at fault. Most California auto insurance policies require prompt notification of accidents. Failing to report can give your insurer grounds to deny coverage. When speaking with your own insurer, provide basic facts about what happened — date, time, location, the other vehicle's information — but do not speculate about fault or give detailed statements about your injuries before consulting with an attorney.
Do not give a recorded statement to the other driver's insurance
The at-fault driver's insurance company will likely call you quickly, often within 24–48 hours. They will request a recorded statement. You are not legally required to give one. Politely decline and tell them you will be in touch once you have legal representation. Insurance adjusters are trained to ask questions in ways that minimize the value of your claim. Anything you say will be used against you.
Start a personal injury journal
Begin documenting your symptoms, pain levels, limitations on daily activities, missed work, and medical appointments in a journal. This contemporaneous record significantly strengthens personal injury claims by demonstrating the real-world impact of your injuries over time.
Getting Medical Care After a California Car Accident
Types of providers and how payment works
One of the most common questions accident victims have is: "How do I pay for medical care if I don't have health insurance?" California has several options:
- Medical liens: Many doctors, chiropractors, and specialists who treat car accident patients accept cases on a lien basis — meaning they treat you now and get paid from your settlement later. There is no upfront cost to you.
- MedPay coverage: If your auto insurance includes Medical Payments (MedPay) coverage, it pays your medical bills regardless of fault, usually up to $5,000–$25,000.
- Health insurance: Your regular health insurance can cover accident-related treatment, with any amounts paid being reimbursed from your settlement through a subrogation claim.
Don't skip treatment or have gaps in care
Insurance companies track the consistency of your medical treatment. If you miss appointments or have large gaps between visits, adjusters will argue that you must not have been seriously injured. Follow your doctor's recommendations, attend all scheduled appointments, and complete your prescribed treatment plans.
Dealing With Insurance After a California Car Accident
Understanding California's at-fault insurance system
California is an "at-fault" (also called a "tort") state. The driver who caused the accident is financially responsible for damages — including medical expenses, lost wages, property damage, and pain and suffering. California also follows "pure comparative negligence," meaning even if you were partially at fault, you can still recover damages (reduced by your percentage of fault).
California minimum insurance requirements
California requires all drivers to carry minimum liability insurance of:
- $15,000 for injury or death to one person
- $30,000 for injury or death to more than one person
- $5,000 for property damage
These minimums are often insufficient for serious accidents. If the at-fault driver carries only minimum limits and your damages exceed those limits, you may need to pursue your own Underinsured Motorist (UIM) coverage.
The insurance claim process timeline
Under California Insurance Code Section 790.03, insurance companies must acknowledge your claim within 15 days, and must accept or deny liability within 40 days of receiving proof of claim. Payment of undisputed amounts must be made within 30 days of agreement. If an insurer violates these timelines, they may be liable for bad faith damages.
When to Hire a Personal Injury Attorney
You should consult with a personal injury attorney if any of the following apply:
- You sustained any injuries requiring medical treatment
- You missed work or had significant limitations on your activities
- Liability is disputed — the other driver denies fault
- The accident involved a commercial vehicle, rideshare driver, or government vehicle
- The other driver was uninsured or underinsured
- Your injuries are serious, permanent, or require ongoing care
- The insurance company is offering a settlement that seems low
California personal injury attorneys work on a contingency fee basis — meaning you pay nothing unless they recover money for you. The standard contingency fee in California is 33.3% if settled before trial, and 40% if the case goes to trial. There is no financial risk to consulting with an attorney.
Studies consistently show that accident victims represented by attorneys recover 3–4x more than those who negotiate on their own, even after attorney fees.
Critical Mistakes to Avoid After a California Car Accident
- Posting about the accident on social media. Insurance companies and defense attorneys monitor social media. A single photo or post can be used to contradict your injury claims.
- Accepting a quick settlement. Insurance companies often make fast, low offers before you know the full extent of your injuries. Once you accept a settlement and sign a release, you cannot seek additional compensation — even if your injuries turn out to be more serious than initially thought.
- Waiting too long to get medical care. A gap of even 3–5 days between the accident and your first medical visit can hurt your claim significantly.
- Throwing away damaged property. Your vehicle and any personal property damaged in the accident is evidence. Don't repair or discard anything before it can be photographed and assessed for your claim.
- Failing to keep records. Keep every medical bill, explanation of benefits, prescription receipt, and record of lost wages. These documents form the foundation of your economic damages claim.
California Deadlines: Don't Miss Them
California Code of Civil Procedure Section 335.1 gives you two years from the date of the accident to file a personal injury lawsuit. If you miss this deadline, your claim is permanently barred — regardless of how serious your injuries are or how clear the other driver's fault was.
Important exceptions:
- Claims against government entities (city bus, government vehicle, road defect) require a government tort claim to be filed within 6 months of the accident.
- Minor victims: The two-year statute of limitations doesn't begin running until the child's 18th birthday, giving them until age 20 to file.
- Discovery rule: In some cases where injuries weren't immediately discoverable, the clock may start from when you discovered or should have discovered the injury.
Two years may seem like a long time, but building a strong personal injury case takes time. Evidence disappears, witnesses become unavailable, and insurance companies get more resistant to fair settlements as time passes. Consulting with a personal injury attorney as soon as possible after your accident protects your rights and maximizes your potential recovery.
