What to Do After a Car Accident in California
Whether you've been injured in an accident, are dealing with a personal injury claim, or facing another legal issue, Mendez & Sanchez APC is here to fight for you. We handle a wide range of cases and focus on one thing: getting results. Our goal is to win the maximum compensation you deserve and help you get the justice you're owed in California or Nevada. Contact us today for a free, no-obligation consultation.
Call Us Now
After a car accident in California, the most important things to do in order are: check for injuries, call 911, do not admit fault, document the scene, avoid talking to the other driver's insurance company without a lawyer, and see a doctor even if you feel fine. Here is the full step-by-step guide.
Step 1: Check for Injuries Before Anything Else
Check yourself and every passenger. If anyone is hurt, call 911 right away. Do not try to move someone who may have a neck, back, or head injury. Wait for paramedics.
Many serious injuries, including whiplash, concussions, and internal bleeding, do not cause pain immediately. Adrenaline masks symptoms. See a doctor within 24 hours regardless of how you feel. If you wait, the insurance company will use that gap to argue your injuries are not serious or not related to the accident.
Step 2: Call 911 and Get a Police Report
A police report is your official record of the accident. Without it, the other driver can change their story and you have nothing to fall back on. In California, you are legally required to report any accident that caused injury or property damage over $1,000 (California Vehicle Code Section 20008).
When the officer arrives, give the facts only. Do not speculate about fault. Get the report number before you leave.
Step 3: Do Not Admit Fault at the Scene
Do not say "I'm sorry," "I didn't see you," or anything that could be read as admitting fault. Even an apology can be used against you by the other driver's insurance company. California follows comparative fault rules, so even a partial admission can reduce your recovery. Let the investigation determine what happened.
Step 4: Document Everything You Can
Use your phone to photograph and video:
- All vehicles involved, from multiple angles
- The damage to each car, close up
- The positions of the vehicles on the road
- Skid marks, debris, traffic signals, and road conditions
- Any visible injuries
- The other driver's license, registration, and insurance card
- The full license plate of every car involved
If there are witnesses, ask for their names and phone numbers. Witness accounts are often decisive when the other driver disputes what happened.
Step 5: Do Not Talk to the Other Driver's Insurance Company
The other driver's insurance company may call you within hours of the accident. They sound friendly. They are not on your side. Their job is to close your claim for as little as possible. Do not give a recorded statement, do not accept any offer, and do not confirm anything about your injuries until you have spoken with an attorney.
You are not legally required to give a statement to the other driver's insurer. You can tell them you will follow up after consulting a lawyer.
Step 6: Notify Your Own Insurance Company
Most California auto insurance policies require you to report an accident promptly, usually within 24 to 72 hours. Report the basic facts: the date, location, and that you were in an accident. You can still decline to give a detailed recorded statement at this stage. Check your policy terms.
Step 7: See a Doctor Within 24 Hours
Go to an urgent care clinic or emergency room the same day or the next morning, even if you feel fine. Get every symptom on the record: neck pain, back pain, headache, dizziness, numbness, anything. A medical record from the day of or after the accident is the foundation of your injury claim.
If you do not have insurance or cannot afford a visit, a personal injury attorney can connect you with doctors who treat on a medical lien, meaning you pay nothing out of pocket until your case settles.
Step 8: Keep a Written Record Starting Now
Write down what you remember about the accident while it is fresh. Note every symptom you feel in the days after. Save all medical records, receipts, bills, and any communication with insurance companies. Keep a log of every day you missed work and every appointment you attended for your injuries. This documentation directly affects the value of your claim.
Real Example: Quick Settlement vs. Full Recovery
A client came to us after a rear-end collision in Los Angeles. The other driver's insurance offered $8,500 within days. The client thought it was fair. We investigated, documented the full injury impact, and ultimately recovered $185,000. That is the difference between settling fast and settling right.
Step 9: Know Your Legal Deadline
In California, you have 2 years from the date of the accident to file a personal injury lawsuit (Code of Civil Procedure Section 335.1). If a government vehicle was involved, you have only 6 months to file a government claim. Miss that window and your case is almost certainly gone. Contact an attorney well before the deadline.
Step 10: Call a Car Accident Lawyer Before You Sign Anything
Insurance companies push for early settlements before you know the full extent of your injuries. Once you sign a release, you cannot go back, even if you need surgery later. A personal injury attorney reviews your case, handles all communication with insurers, and makes sure you understand what your case is actually worth before you agree to anything.
At Mendez & Sanchez APC, consultations are free. We work on contingency, meaning you pay nothing unless we win.
What NOT to Do After a Car Accident
- Do not leave the scene before exchanging information and speaking to police
- Do not post about the accident on social media
- Do not accept the first settlement offer without consulting a lawyer
- Do not give a recorded statement to the other driver's insurer
- Do not skip doctor appointments or stop treatment early
- Do not wait days or weeks to see a doctor
Frequently Asked Questions
I just got in a car accident, what is the very first thing I should do?
First, check yourself and everyone else for injuries. Call 911 if anyone is hurt. Move to a safe location if possible. Then call the police to file a report, even for minor accidents. Do not admit fault and do not leave the scene.
Do I have to call the police after a minor car accident in California?
In California, you are legally required to report any accident involving injury or property damage over $1,000. Even for seemingly minor accidents, a police report protects you if the other driver changes their story later. Always call the police.
Should I admit fault at the scene of the accident?
No. Do not admit fault, apologize, or make statements like "I didn't see you." Even saying sorry can be used against you by the other driver's insurance company. Stick to exchanging information and let the investigation determine what happened.
The other driver and I agreed not to call the police, is that okay?
This is risky. Without a police report, the other driver can change their story, deny the accident happened, or claim their injuries were worse than reported. A police report is your official record. Always file one, even for minor accidents.
Should I talk to the other driver's insurance company after the accident?
Not without speaking to an attorney first. The other driver's insurance company will try to get you to give a recorded statement or accept a quick settlement. Their job is to pay you as little as possible. A free consultation with an attorney costs nothing and protects your rights.
I feel fine after the accident, do I still need to see a doctor?
Yes. Many serious injuries, including whiplash, concussion, and internal bleeding, do not show symptoms immediately. See a doctor within 24–48 hours. Insurance companies will also use any gap in medical treatment to argue your injuries weren't serious.
How long do I have to file a car accident claim in California?
In California, the statute of limitations for personal injury claims is generally 2 years from the date of the accident. If a government vehicle was involved, you have only 6 months to file a government claim. Contact an attorney as soon as possible to protect your rights.
Does it cost anything to talk to a car accident lawyer?
No. Mendez & Sanchez APC offers free consultations with no obligation. We also work on a contingency fee, meaning you pay nothing unless we win your case. There is no upfront cost to get legal help after an accident.