What To Do After A Car Accident In California
After a California car accident, protect your safety, document the crash, get medical care, avoid common insurance mistakes, and learn when to contact a personal injury lawyer.
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1. Get To Safety And Call 911
Move out of traffic if you can do so safely. Call 911 if anyone is injured, if vehicles are blocking traffic, if a driver appears impaired, or if there is any dispute about what happened. Ask for police, CHP, fire, or medical response as needed.
2. Get Medical Care Early
Do not guess about injuries. Pain from whiplash, concussion, back injuries, internal injuries, and soft-tissue trauma can worsen after the adrenaline wears off. Medical records also help connect the injury to the crash.
3. Exchange And Preserve Information
Get the other driver’s name, license, plate, insurance, phone number, employer if driving for work, and photos of all vehicles. Photograph skid marks, debris, road conditions, traffic signals, injuries, and visible damage.
4. Be Careful With Insurance Calls
Report the crash, but avoid recorded statements, guesses about fault, or broad medical authorizations before you understand your rights. Insurance adjusters may sound friendly, but they are evaluating exposure for the insurance company.
How California Fault Rules and Deadlines Affect Your Claim
California follows a comparative-fault rule. You may still have a personal injury claim if you share some responsibility for the crash, but your recovery can be reduced by your percentage of fault. Do not guess about speed, distance, or fault when speaking with an insurer. Stick to what you know and preserve photos, witness details, medical records, and other evidence.
Report the crash to the appropriate insurer promptly, but be careful with recorded statements, broad medical authorizations, releases, and settlement offers. An adjuster's questions can affect how the insurer evaluates fault, injury severity, and the value of your claim. Ask questions before signing anything or accepting payment.
For many California personal injury claims, the deadline to file a lawsuit is two years from the injury. Different deadlines can apply, including shorter claim requirements when a government entity is involved. Insurance discussions do not automatically extend a filing deadline, so seek legal advice early if you were injured.
5. Know The California DMV SR-1 Rule
California DMV states that a collision must be reported to the DMV within 10 days if anyone was injured or killed, or if property damage was more than $1,000. This is separate from a police report or insurance claim.
Official source: California DMV SR-1 accident reporting.
6. Watch The Legal Deadline
California Courts lists the common personal injury lawsuit deadline as two years from the injury, but deadlines can be shorter when a public agency or government entity is involved. Do not wait to get advice.
Official source: California Courts statute of limitations information.
Important Note
This page is general information, not legal advice. Deadlines and legal options can change based on the facts, insurance coverage, government involvement, and the type of claim. Speak with an attorney as soon as possible after an accident.
James McKiernan Lawyers represents injured people and families throughout the Central Coast and California. The firm has more than 50 years of personal injury experience, more than 35,000 cases handled, more than $350 million recovered for clients, and more than 500 five-star reviews across multiple platforms.