After an Accident · 6 min read · Published May 2025
What Should I Do After a California Car Accident?
A car accident can happen in seconds — but the decisions you make in the minutes and hours afterward can affect your injury claim for years. This guide walks you through exactly what to do, in order, to protect your health and your legal rights.
Step 1: Check for Injuries and Call 911
Your first priority is safety. Check yourself and all passengers for injuries. Call 911 immediately — even if injuries seem minor. Adrenaline can mask pain, and injuries like whiplash, concussions, and internal bleeding may not be apparent at the scene. A police report is also critical evidence for your insurance claim and any future lawsuit. Never skip calling the police, even for a minor collision.
Step 2: Move to Safety (If Possible)
If the vehicles are driveable and it is safe to do so, move them out of traffic to prevent secondary collisions. Turn on hazard lights. If vehicles cannot be moved, stay inside with seatbelts on until emergency services arrive — standing on a freeway shoulder is extremely dangerous.
Step 3: Document Everything at the Scene
Use your phone to photograph: all vehicles from multiple angles, license plates, the accident location (street signs, traffic signals, skid marks), visible injuries, weather and road conditions, and any surveillance cameras nearby. This evidence is irreplaceable — the scene will be cleared within hours.
Step 4: Exchange Information — But Say Very Little
Exchange name, address, phone number, driver's license number, license plate, and insurance information with all drivers. Do NOT apologize, admit fault, or say 'I'm fine.' Even a casual 'I'm okay' can be used against you later. Do not discuss the details of the accident with the other driver beyond what is necessary for the exchange.
Step 5: Get Witness Information
Ask any bystanders who saw the accident for their name and phone number. Independent witnesses are powerful evidence — they have no stake in the outcome and their accounts carry significant weight with insurance companies and juries.
Step 6: Seek Medical Attention Immediately
Go to the emergency room or urgent care the same day, even if you feel fine. This creates a medical record linking your injuries to the accident. Waiting days or weeks to see a doctor gives insurance companies grounds to argue your injuries were not caused by the crash. Follow all medical advice and keep every appointment.
Step 7: Notify Your Insurance Company — Carefully
Report the accident to your own insurance company promptly, as required by your policy. However, be factual and brief. Do not give a recorded statement to the other driver's insurance company without speaking to an attorney first. Their adjuster is trained to minimize your claim.
Step 8: Consult a Personal Injury Attorney
California's statute of limitations for personal injury is 2 years from the date of the accident. But evidence disappears, witnesses forget, and insurance companies move fast. Consulting an attorney early — before you sign anything — costs nothing and protects everything. Most personal injury attorneys, including HellaHurt, offer free consultations and work on contingency (no fees unless we win).
Key Takeaways
- Call 911 — always, even for minor accidents
- Document the scene with photos before anything is moved
- Never apologize or admit fault at the scene
- See a doctor the same day, even if you feel fine
- Do not give a recorded statement to the other driver's insurer
- You have 2 years to file a lawsuit in California
Frequently Asked Questions
Do I need a police report for a minor fender bender?
Yes. Even for minor accidents, a police report creates an official record that is invaluable if injuries appear later or if the other driver disputes what happened. In California, you are required to report accidents involving injury, death, or property damage over $1,000 to the DMV within 10 days.
What if the other driver doesn't have insurance?
Your own uninsured motorist (UM) coverage kicks in. California requires insurers to offer UM coverage, though you can waive it in writing. If you have UM coverage, file a claim with your own insurer. If you don't, you may still be able to sue the at-fault driver personally.
Can I still recover compensation if I was partly at fault?
Yes. California uses 'pure comparative fault,' meaning you can recover damages even if you were 99% at fault — your recovery is simply reduced by your percentage of fault. For example, if you were 20% at fault and your damages are $100,000, you recover $80,000.
How long do I have to file a lawsuit?
Two years from the date of the accident for most personal injury claims. If a government vehicle or entity was involved, you must file a government tort claim within 6 months. Missing these deadlines means losing your right to compensation permanently.