What to Do After a Car Accident in California: A Guide from a Personal Injury Attorney

Silver car with open doors involved in a street collision. Debris scattered on road, other damaged cars nearby. City street, daylight. — A multi-car collision leaves debris scattered on a city street, as a silver sedan is prominently damaged amidst the aftermath.

Car accidents happen every day in California, often leaving victims overwhelmed and unsure of what to do next. As a personal injury attorney, I’ve seen how critical it is for accident victims to take the right steps after a car collision in order to protect their health, legal rights, and potential compensation. If you’ve been injured in a car accident, you may be entitled to compensation for medical bills, lost wages, and pain and suffering.

Immediate Steps to Take After a Car Accident

Check for Injuries and Call 911

Your health and safety should be your top priority. If you or anyone else is injured, call 9-1-1 immediately. Even if injuries seem minor, seeking medical attention is crucial, as some injuries (like whiplash or internal bleeding) may not be immediately apparent.

Move to a Safe Location

If the accident is minor and there are no severe injuries, move your vehicle to a safe location (such as the shoulder of the road) to prevent further accidents. If it’s unsafe to move the vehicle, turn on your hazard lights and wait for authorities.

Exchange Information

California Vehicle Code § 16025 requires drivers involved in an accident to exchange the following information:

Name and contact details
Driver’s license number
Vehicle registration information
Insurance details for each driver and/or vehicle involved in the collision

Never admit fault at the scene, as fault determination should be left to law enforcement and insurance companies.

Document the Scene

If you are physically able, gather as much evidence as possible:

Take photos of the vehicles, damages, injuries, traffic signs, and road conditions
Collect witness statements and their contact information.
Obtain a copy of the police report or get the responding officer’s name and badge number.
If the other driver is willing to admit fault at the scene of the accident, ask if they are willing to sign a statement admitting fault or say so on an audio or video recording.

Notify Your Insurance Company

California law requires drivers to report accidents to their insurance company promptly. However, only provide factual information—do not admit fault or speculate about the accident’s cause.

Be careful when speaking with insurance adjusters—they are not on your side. Before you accept any settlement offer, consult with a personal injury attorney to ensure you’re getting the compensation you deserve.

California Laws for Filing a Car Accident Claim

California’s At-Fault System

California follows an "at-fault" system, meaning the driver responsible for the accident is liable for damages. Under California Civil Code § 1714, a driver who acts negligently and causes harm is financially responsible for the damages suffered by the victim.

Comparative Negligence Rule

California operates under a pure comparative negligence rule (California Civil Code § 1431.2). This means that even if you are partially at fault for the accident, you can still recover damages, but your compensation will be reduced by your percentage of fault. For example, if you were 20% at fault and your damages totaled $100,000.00, you would receive $80,000.00.

Time Limits for Filing a Lawsuit

Under California’s statute of limitations (California Code of Civil Procedure § 335.1), you generally have two years from the date of the accident to file a personal injury lawsuit. If you only have property damage, you have three years to file a claim. If the accident involves a government entity (e.g., a city vehicle or a poorly maintained road caused the crash), you must file a claim within six months.

How to Pursue Compensation for Your Injuries

Filing an Insurance Claim

You can file a claim with:

Your own insurance company (if you have coverage such as MedPay or uninsured motorist protection).
The at-fault driver’s insurance for liability coverage.
A third party’s insurance, such as a car manufacturer in case of a vehicle defect.

Filing a claim can be overwhelming, and insurance companies will try to pay you as little as possible. Let our experienced attorneys handle the paperwork and negotiations while you focus on recovery.

Damages You Can Recover

If you are injured in a car accident, you may be entitled to compensation for:

Medical expenses (past and future)
Lost wages and future earning capacity
Pain and suffering
Property damage
Emotional distress

When to Hire a Personal Injury Attorney

If your accident involves severe injuries, disputed liability, or an insurance company offering a low settlement, hiring a personal injury attorney can help you maximize your compensation. Insurance companies often try to minimize payouts, and having an attorney on your side ensures you get the fair compensation you deserve.

Final Thoughts

A car accident can be a life-altering event, but knowing what steps to take and understanding California’s laws can make the claims process smoother. You don't have to fight the insurance companies alone. If you or a loved one have been injured in a car accident, don’t hesitate to seek legal advice. A personal injury attorney can guide you through the process, negotiate with insurance companies, and fight for the compensation you deserve.

If you’ve been injured in a car accident, time is of the essence. Don’t settle for less than you deserve. Contact our law office today for a free consultation, and let us help you get the compensation you’re entitled to.