A car accident happens in seconds โ but the decisions you make in the minutes and hours afterward can have a lasting impact on your health, your finances, and your legal rights. After 12+ years representing accident victims across the Inland Empire, I've seen firsthand how taking the right steps protects victims, and how the wrong moves can cost them thousands of dollars in settlement value.
This guide walks you through exactly what to do โ and what not to do โ after a car accident in California.
Step-by-Step: What To Do After a Car Accident in California
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Call 911 ImmediatelyEven for accidents that seem minor, call 911. A police report is official documentation of the crash โ it records who was involved, witness statements, road conditions, and the officer's initial assessment of fault. Without a police report, it becomes your word against the other driver's. In California, you are legally required to report any accident involving injury, death, or property damage over $1,000.
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Check for Injuries โ Don't Move AnyoneCheck yourself and all passengers for injuries. Do not move anyone who may have a spinal or neck injury โ wait for paramedics. If you're able, check on the other vehicle's occupants as well. California law requires you to render reasonable assistance to injured parties.
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Move to Safety If PossibleIf the vehicles are drivable and the accident is minor, move them to the shoulder or a nearby parking lot to avoid creating a secondary accident. Turn on hazard lights immediately. If on a freeway like the I-10 or I-15, stay in your vehicle with seatbelt fastened until law enforcement arrives โ standing on the freeway shoulder is extremely dangerous.
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Document Everything at the SceneUse your phone to photograph and video everything: all vehicles and their positions, all damage, skid marks, road surface conditions, traffic signals, street signs, weather conditions, and any visible injuries. Take photos from multiple angles. This evidence is often the difference between a full recovery and a denied claim.
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Exchange Information with All DriversGet the name, phone number, address, driver's license number, license plate number, insurance company name, and policy number from every driver involved. Do not skip any of these โ all are needed to file a claim.
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Collect Witness InformationBystander witnesses are invaluable. Get the name and phone number of every witness before they leave the scene. An independent witness who saw the other driver run a red light or blow through a stop sign can make your entire case.
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Seek Medical Care โ That DayAdrenaline masks pain. You may feel fine at the scene and develop severe whiplash, disc herniation, or even a traumatic brain injury in the following 24โ72 hours. See a doctor the same day. This creates a medical record establishing that your injuries are directly linked to the accident โ critical evidence for your claim.
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Call Gonzales Law OfficesCall our office at 909-587-6336. We're available 24/7. We will explain your rights, advise you on what to say (and not say) to insurance companies, and begin preserving evidence before it disappears. The consultation is completely free with no obligation.
Do not give a recorded statement to any insurance company โ including your own โ before consulting an attorney. Adjusters are trained to ask questions that minimize the value of your claim. Anything you say can and will be used against you.
What NOT To Do After a Car Accident in California
Knowing what to avoid is just as important as knowing what to do. These are the most common mistakes that hurt accident victims' claims:
- Don't apologize or admit fault. Even saying "I'm sorry" can be interpreted as an admission of liability. California is a comparative fault state โ any admission can reduce your recovery.
- Don't accept a settlement offer at the scene. Any offer made at the scene is grossly inadequate. You don't yet know the full extent of your injuries or property damage.
- Don't delay medical treatment. Gaps in medical care give insurance adjusters ammunition to argue that your injuries aren't serious or aren't related to the crash.
- Don't post about the accident on social media. Insurance companies routinely monitor claimants' social media. A single post showing any physical activity can be used to undermine your injury claims.
- Don't give a recorded statement without legal counsel. You are not legally required to give a recorded statement to the other driver's insurance company. Politely decline until you've spoken with an attorney.
- Don't sign any medical authorization forms from the insurance company. A blanket medical authorization allows them to go on a fishing expedition through your entire medical history looking for pre-existing conditions to blame.
California's Statute of Limitations โ Don't Wait
In California, you generally have 2 years from the date of the accident to file a personal injury lawsuit. However, waiting even weeks can hurt your case โ surveillance footage is overwritten, witnesses forget details, and physical evidence disappears.
If your accident involved a government vehicle or occurred on government property, you have only 6 months to file a government tort claim. Missing this deadline permanently bars your claim.
Statistics consistently show that accident victims represented by an attorney recover 3โ5 times more than those who negotiate on their own. The insurance company has a team of professionals working to minimize your payout. You deserve the same level of advocacy.
What If the Other Driver Doesn't Have Insurance?
California has one of the highest rates of uninsured drivers in the nation. If you're hit by an uninsured or underinsured driver, you may still have options:
- Uninsured Motorist (UM) Coverage: Your own auto insurance policy likely includes UM coverage. This pays for your injuries and property damage when the at-fault driver has no insurance.
- Underinsured Motorist (UIM) Coverage: If the at-fault driver's insurance isn't enough to cover your damages, your UIM coverage makes up the difference.
- Personal Lawsuit: In some cases, suing the at-fault driver directly is worthwhile โ particularly if they have assets or future income that can be collected.
At Gonzales Law Offices, we've helped hundreds of clients recover from uninsured driver accidents through UM/UIM claims. Don't assume you have no options just because the other driver had no insurance.
Reporting the Accident to the California DMV
California law requires you to report any accident that resulted in injury, death, or property damage exceeding $1,000 to the DMV within 10 days using an SR-1 form. Your insurance company may handle this on your behalf, but confirm this is done. Failure to file can result in license suspension.
The Bottom Line
The actions you take immediately after a car accident in California directly affect your physical recovery and your financial recovery. Prioritize your safety and health first, document everything, avoid speaking to insurance companies without counsel, and call an experienced car accident attorney as soon as possible.
At Gonzales Law Offices, we've recovered over $100 million for accident victims in Fontana, San Bernardino, Ontario, Rancho Cucamonga, and across Southern California. Our consultations are always free, and we never charge a fee unless we win your case.
Available 24/7. No obligation. No fee unless we win.
๐ Call 909-587-6336