What to Do After a Car Accident in California — Complete Guide

Immediate Steps (At the Scene)

1. Check for injuries and call 911: Even if injuries seem minor, call 911. A police report is critical evidence for your insurance claim and any lawsuit.
2. Move to safety: If your vehicle is drivable and it's safe to do so, move it out of traffic. Turn on hazard lights.
3. Exchange information: Get the other driver's name, address, phone number, driver's license number, license plate, and insurance information.
4. Document the scene: Take photos and video of all vehicles, damage, skid marks, road conditions, traffic signs, and your injuries. More is always better.
5. Get witness information: Names and phone numbers of anyone who saw the accident. Witnesses often disappear quickly.
6. Do not admit fault: Do not say "I'm sorry" or accept blame, even if you think you contributed to the accident. California's comparative fault rules may still allow you to recover.

Within 24 Hours

1. Seek medical attention: See a doctor even if you feel fine. Adrenaline masks pain. Whiplash, concussions, and internal injuries often don't show symptoms for days. A medical record from the day of the accident is powerful evidence.
2. Report to your insurance company: Notify your own insurer of the accident. You are typically required to do this promptly under your policy terms.
3. Do NOT give a recorded statement to the other driver's insurance: Their adjuster will call you quickly. Politely decline to give a recorded statement until you've spoken with an attorney.
4. Contact HellaHurt: Use our free AI case check to understand your rights and the value of your claim before talking to any insurance company.

In the Following Weeks

• Follow your doctor's treatment plan: Gaps in medical treatment are used by insurance companies to argue your injuries are not serious. Attend all appointments.
• Keep a pain journal: Document your daily pain levels, limitations, and how the injuries affect your life. This supports your pain and suffering claim.
• Save all records: Medical bills, repair estimates, rental car receipts, prescription costs, and any other accident-related expenses.
• Document lost wages: Get a letter from your employer documenting missed work and lost income.
• Avoid social media: Insurance companies monitor social media. Do not post photos or comments about your accident, injuries, or activities.

California Car Accident Law: What You Need to Know

California follows pure comparative negligence (Civil Code § 1714). This means you can recover damages even if you were partially at fault for the accident. If you were 30% at fault and your damages are $100,000, you can still recover $70,000. Do not assume you cannot recover because you made a mistake.

The statute of limitations for car accident claims in California is generally 2 years from the date of the accident (CCP § 335.1). For accidents involving government vehicles or on government property, you must file a government tort claim within 6 months.

California requires all drivers to carry minimum liability insurance (effective January 1, 2025 under SB 1107): $30,000 per person / $60,000 per accident for bodily injury, and $15,000 for property damage — increased from the prior $15,000/$30,000/$5,000 limits. Many drivers carry only the minimum. Underinsured motorist (UIM) coverage on your own policy can bridge this gap.

When to Hire a Car Accident Lawyer

You should strongly consider hiring a personal injury attorney if: you suffered any injuries; the other driver disputes liability; the insurance company offers a low settlement; you missed work; your injuries required hospitalization; or the accident involved a commercial vehicle, government vehicle, or multiple parties.

HellaHurt works on a contingency fee basis — you pay nothing unless we win. Start your free case check or call 888-693-5777.