The Short Answer
After a California car accident: call 911, move to safety, document everything, get medical care immediately (even if you feel fine), exchange information, report to your insurer, and do not give a recorded statement to the other driver's insurance company until you have spoken with an attorney. California's statute of limitations is two years — but evidence disappears and injuries worsen when action is delayed.
At the Scene
Ensure Safety First
If vehicles are in traffic and movement is safe without worsening injuries, move to the side of the road. Turn on hazard lights. Set up warning triangles or flares if available. If anyone may have a spinal injury, do not move them unless there is immediate danger (fire, oncoming traffic).
Check all occupants of all vehicles for obvious injuries. Do not leave the scene. Under California Vehicle Code § 20001, leaving the scene of an accident involving injury is a criminal offense.
Call 911
California Vehicle Code § 20008 requires you to call law enforcement when any person is injured or killed in an accident. As a practical matter, call 911 for any accident with potential injuries. The responding officers will create a traffic collision report — an official government document that becomes one of the most important pieces of evidence in your case.
Request an ambulance if anyone appears injured. Do not downplay your own symptoms to the responding officer — adrenaline masks pain, and what seems minor at the scene may be significant 24 hours later.
Document the Scene
Before vehicles are moved, photograph and video everything:
- All vehicle damage from multiple angles
- The final resting position of all vehicles
- Skid marks, debris, fluid spills
- Road conditions, traffic signals, signs, lane markings
- All license plates
- Visible injuries (yours and others, with consent)
- Wider view showing the intersection or road layout
- Any dashcam footage or nearby surveillance cameras
This evidence cannot be recreated. Vehicles get repaired, roads get cleaned, weather changes. What you document in the next ten minutes may be the most valuable evidence in your case.
Exchange Information
Get from every driver involved:
- Full legal name and home address
- Phone number
- Driver's license number and state
- License plate number
- Vehicle make, model, year, and color
- Insurance company name and policy number
Also get contact information (name and phone) from any witnesses who stopped. Witnesses are critical in disputed-liability cases — and they leave quickly.
Do not discuss fault with the other driver. Do not say "I'm sorry," do not speculate about what happened, and do not admit any responsibility. These statements can be used against you.
Within 24 Hours
Get Medical Evaluation — Even If You Feel Fine
This is the single most important step, and the one most injury victims skip to their detriment. Go to an emergency room, urgent care, or your physician within 24 hours of the accident. Even if you feel fine. Even if you drove yourself home from the scene.
Here is why: whiplash, soft-tissue injuries, concussions, and traumatic brain injuries routinely produce no symptoms for 24 to 72 hours after impact. The adrenaline of an accident masks pain. What feels like nothing today may be debilitating tomorrow.
More critically: a gap in medical treatment — any period between the accident and first medical contact — gives insurance companies their most powerful argument to deny or minimize your claim. They will argue that if you were truly injured, you would have sought care immediately. The insurance adjuster will circle that gap in red.
Tell the treating provider exactly how the accident happened, where you feel pain or discomfort (even minor), and what symptoms you are experiencing. These records are the foundation of every damages calculation in your case.
Report to Your Own Insurer
Your insurance policy requires prompt reporting of accidents. Contact your own insurer and report the accident factually: date, time, location, parties involved, and that you sought medical attention. Be factual and brief. Do not speculate about fault.
Reporting to your own insurer is not the same as giving a recorded statement to the opposing insurer. See the next section.
Within 72 Hours
Preserve All Evidence
Do not repair your vehicle until it has been photographed thoroughly and, ideally, inspected by an accident reconstruction expert (for serious accidents). Keep all medical bills, records, prescription receipts, and any out-of-pocket expenses related to the accident.
Begin a daily injury journal: write down your pain levels, what activities you cannot do or can only do with difficulty, how the injury affects your sleep, work, and relationships. This journal is powerful evidence of non-economic damages (pain and suffering) — damages that are difficult to quantify without consistent documentation.
Consider Consulting a Personal Injury Attorney
California personal injury attorneys work on contingency — no upfront cost, with fees paid only from a recovery. Most offer free initial consultations. An attorney can:
- Send a preservation letter to secure surveillance footage (often overwritten within 30-72 hours)
- Identify all potentially liable parties
- Handle all communications with insurance companies
- Ensure you do not accept a lowball settlement before knowing the full extent of your injuries
- Evaluate the full value of your claim including future medical needs
PI cases convert quickly — most injury victims hire an attorney within three days of an accident. The attorneys who see the best outcomes are those who are involved before the client talks to the opposing insurer, signs anything, or disposes of evidence.
What NOT to Do After a California Car Accident
Do Not Give a Recorded Statement to the Opposing Insurer
You are not legally required to give a recorded statement to the other driver's insurance company. Adjusters are trained to ask questions that elicit responses minimizing your injuries and establishing partial fault. Politely decline and consult an attorney first.
Do Not Accept a Quick Settlement
Insurance companies often contact accident victims quickly with fast settlement offers — before the full extent of injuries is known. Once you sign a release and accept payment, you cannot go back for more. Do not accept any settlement before completing medical treatment.
Do Not Post on Social Media
Insurance companies monitor claimants' social media. A photo of you smiling at an event, a post about hiking, or any content suggesting you are more active than your injuries allow can be used to minimize your claim. Suspend social media activity related to the accident and your injuries.
Do Not Delay Medical Treatment
Any gap in treatment — whether it is the initial evaluation or follow-up care — will be used against you. Follow all treatment recommendations. Do not stop going to physical therapy or follow-up appointments because you feel somewhat better. Insurance companies evaluate medical records with a fine-tooth comb.
Do Not Admit Fault at the Scene
Do not say "I'm sorry," "I didn't see you," or anything else that implies fault at the scene. California's comparative fault system means fault determination is complex and often contested. Statements made at the scene can be evidence against you. Be polite but do not discuss what happened or who is responsible.
Do Not Repair Your Vehicle Immediately
Vehicle damage is evidence of impact severity. Do not have your car repaired until you have thoroughly documented the damage and, in serious injury cases, had an accident reconstruction expert inspect it. Once repaired, that evidence is gone.
Dealing with Insurance After a California Accident
Insurance adjusters are professionals whose job is to close claims quickly and at minimal cost. Understanding who you are dealing with changes how you respond.
Your Own Insurer
Report the accident promptly as required by your policy. Be factual. Provide basic information about what happened. Your own insurer has a duty to act in good faith under California law — but they are still an insurance company with financial incentives to minimize payouts. Be cooperative but careful.
The Other Driver's Insurer
You are not required to cooperate with the opposing insurer the way you are with your own. Their adjuster works for the other driver's insurance company. Their interest is adverse to yours. You may politely decline to give a recorded statement and indicate you will respond through appropriate channels. If you have injuries of any significance, consult an attorney before any communication with the opposing insurer.
Uninsured Drivers
California has a significant uninsured motorist problem despite mandatory insurance laws. If the at-fault driver is uninsured, your uninsured motorist (UM) coverage through your own policy becomes your primary source of recovery. California Insurance Code § 11580.2 requires all California auto policies to offer UM coverage, though drivers may reject it in writing. Learn more about uninsured motorist claims in California →
California's Mandatory Reporting Requirement
Under California Vehicle Code § 16000, if you are involved in an accident resulting in injury, death, or property damage over $1,000, you must report the accident to the DMV within 10 days using form SR-1. Failure to report can result in suspension of your driver's license. Your insurer typically handles this on your behalf, but confirm it is done.
Common Hidden Injuries After California Car Accidents
These injuries frequently produce no obvious immediate symptoms but can cause lasting damage if untreated — and are consistently undervalued by insurance companies when they are not properly documented from the beginning:
Whiplash and Cervical Spine Injuries
Whiplash occurs when the head is thrown forward and backward rapidly on impact, hyperextending the cervical spine. Symptoms — neck pain, stiffness, headaches, shoulder pain, dizziness — often begin 24 to 48 hours after impact. Without early medical documentation, insurance companies argue the injury was not caused by the accident.
Traumatic Brain Injury (TBI) and Concussion
TBI ranges from mild concussion to severe brain damage. Symptoms include headache, confusion, memory problems, sleep disturbances, emotional changes, and cognitive difficulties. Many TBI victims — including those with mild TBI — are unaware of the severity of their injury in the immediate aftermath of an accident. Early neurological evaluation is critical.
Soft-Tissue Injuries
Muscle, ligament, and tendon injuries (sprains, strains, tears) are among the most common car accident injuries and among the most disputed by insurers. Because they do not always appear on X-rays, insurance companies frequently challenge their existence and severity. MRI imaging and consistent medical documentation are essential.
Internal Injuries
Internal bleeding, organ damage, and injuries to the abdomen and chest can develop or worsen over hours following an impact. These are life-threatening emergencies. Any post-accident abdominal pain, chest pain, or dizziness warrants emergency evaluation.
Psychological Injuries
Post-traumatic stress disorder (PTSD), anxiety, depression, and accident-related phobias are compensable injuries in California personal injury cases. They require documentation from a mental health professional and are treated the same as physical injuries in damages calculations.
California Accident Reporting Requirements
| Requirement | Deadline | Authority |
|---|---|---|
| Call law enforcement at the scene | Immediately (if injury, death, or damage over $1,000) | CVC § 20008 |
| Report to DMV (form SR-1) | Within 10 days | CVC § 16000 |
| Report to your own insurer | Per policy terms (typically "promptly") | Policy contract |
| Government tort claim (if gov't involved) | Within 6 months of accident | Gov. Code § 911.2 |
| File personal injury lawsuit | Within 2 years of accident | CCP § 335.1 |
Informational Content Only. The steps described in this guide are general information and do not constitute legal advice specific to your situation. California law and individual case facts vary — what is appropriate in one accident may differ in another. Do not rely on this guide as a substitute for consultation with a licensed California personal injury attorney about your specific circumstances.
Authored by Jayson Robert Elliott, California State Bar No. 332479. Verify at calbar.ca.gov.
After a California Car Accident — FAQ
Ensure safety and call 911 (required if injuries or damage over $1,000 under CVC § 20008). Document the scene with photos. Exchange driver's license, insurance, and contact information with all drivers. Get witness contacts. Seek medical evaluation within 24 hours even if you feel fine — symptoms often appear 24-72 hours later. Report to your own insurer. Avoid giving recorded statements to the opposing insurer.
Under California Vehicle Code § 20008, you must call law enforcement when anyone is injured or killed, or when property damage exceeds $1,000. For any accident with potential injuries — call 911. The police report is one of the most important pieces of evidence in any future claim. Additionally, report to the DMV within 10 days under CVC § 16000.
Not without caution. You are not legally required to give the other driver's insurer a recorded statement. Their adjuster works against your interests. Notify your own insurer as required by your policy. For any communication with the opposing insurer — especially if you have injuries — consult a personal injury attorney first. Once you make statements, they are permanent.
Yes — go within 24 hours. Whiplash, soft-tissue injuries, and concussions routinely produce no symptoms for 24-72 hours after impact. Adrenaline masks pain. A delay in seeking care gives insurance companies their most powerful argument against your claim. Get evaluated, tell the doctor exactly what happened, and follow all treatment recommendations.
Yes. If you carry uninsured motorist (UM) coverage, you can claim against your own policy for injuries caused by an uninsured driver. California Insurance Code § 11580.2 governs UM requirements. If you lack UM coverage, you may still sue the uninsured driver directly, though collection can be difficult. See our uninsured motorist guide →
Two years from the date of the accident under CCP § 335.1. Government defendants: file a tort claim within six months. But do not confuse "deadline" with "optimal time to act" — the best outcomes come from acting within days, not months or years. Evidence disappears, witnesses forget, and injuries worsen without treatment. Full statute of limitations guide →