What To Do After a Car Accident in California
A step-by-step guide to protect your rights and maximize your compensation
Being in a car accident is a stressful experience. Knowing what to do in the moments, hours, and days after an auto collision can make a significant difference in your ability to recover compensation for your injuries. This guide covers the essential steps to take after a car accident in California.
Ensure Safety and Call 911
Your safety is the top priority. Check yourself and your passengers for injuries. If anyone is hurt, call 911 immediately. If the vehicles are drivable and it is safe to do so, move them to the side of the road to avoid blocking traffic and risking additional collisions. Turn on your hazard lights to alert other drivers.
Check on All Parties Involved
Once you have ensured your own safety, check on the occupants of the other vehicle(s) and any pedestrians or cyclists involved. Do not attempt to move anyone who appears seriously injured unless there is an immediate danger such as fire. Wait for emergency medical services to arrive.
Call the Police
Even for accidents that appear minor, you should file a police report. A police report creates an official record of the accident that can serve as valuable evidence for your claim. The responding officer will document the scene, interview witnesses, and may determine who was at fault.
In California, you are required to report accidents involving injury, death, or property damage over $1,000 to the DMV within 10 days using an SR-1 form.
Exchange Information
Exchange the following information with all other drivers involved:
- Full name, phone number, and address
- Driver's license number
- License plate number
- Insurance company name and policy number
- Vehicle make, model, year, and color
If the driver is not the vehicle owner, get the owner's information as well. Important: Do not discuss fault or apologize, as these statements can be used against you later.
Document the Scene
Use your phone to take photos and videos of:
- All vehicles and their damage from multiple angles
- The overall accident scene including traffic signals and signs
- Road conditions, weather, and lighting
- Any visible injuries you have sustained
- Skid marks, debris, or broken glass on the road
- The positions of the vehicles before they are moved
- Any nearby surveillance cameras that may have captured the accident
The more documentation you have, the stronger your case will be.
Get Witness Information
If there are any bystanders who witnessed the accident, ask for their names and phone numbers. Witness testimony can be critical in disputes about who was at fault. If they are willing, ask them to briefly describe what they saw while their memory is fresh. Your attorney can follow up with them later for a formal statement.
Seek Medical Attention Promptly
This is one of the most important steps. See a doctor as soon as possible, even if you feel fine. Many car accident injuries have delayed symptoms:
- Whiplash — neck pain may not appear for 24-72 hours
- Concussions — headaches and cognitive issues can develop days later
- Internal bleeding — may not be immediately obvious
- Soft tissue injuries — inflammation and pain can increase over time
A prompt medical evaluation creates documentation that directly links your injuries to the accident, which is essential for your claim. Delays in treatment can be used by insurance companies to argue that your injuries were not caused by the accident or are not serious.
Notify Your Insurance Company
Report the accident to your own insurance company promptly. You are required to cooperate with your own insurer under your policy terms. When speaking with your insurance company:
- Stick to the basic facts of what happened
- Do not speculate about who was at fault
- Do not minimize or exaggerate your injuries
- Ask what coverage you have (MedPay, UM/UIM, collision)
Do Not Speak to the Other Driver's Insurance Company
The other driver's insurance company may contact you quickly — often within 24 to 48 hours. They may sound friendly, but their goal is to minimize what they pay you. Common tactics include:
- Asking for a recorded statement that can be used against you
- Offering a quick, lowball settlement before you know the full extent of your injuries
- Asking you to sign a medical release giving them access to your entire medical history
- Suggesting you do not need a lawyer
Politely decline to give a statement and tell them your attorney will be in touch. You are not obligated to speak with the other driver's insurance company.
Contact an Auto Collision Attorney
An experienced auto collision attorney can make a significant difference in the outcome of your case. An attorney will:
- Handle all communication with insurance companies on your behalf
- Investigate the accident and gather evidence
- Calculate the full value of your claim, including future medical costs
- Negotiate aggressively for maximum compensation
- Take your case to trial if a fair settlement cannot be reached
Attorney Michael Martinovsky offers free consultations and works on a contingency fee basis — you pay nothing unless we win your case. He serves the entire San Francisco Bay Area in English, Spanish, and Russian.
Additional Tips to Protect Your Claim
- Keep a journal documenting your pain levels, medical appointments, and how the injuries affect your daily life
- Follow all medical advice and attend all follow-up appointments
- Save all receipts related to the accident (medical bills, prescription costs, transportation to appointments, vehicle repair estimates)
- Do not post about the accident on social media — insurance companies monitor social media and can use your posts against you
- Do not accept any settlement until you have fully recovered or reached maximum medical improvement (MMI)
Need Help After an Auto Collision?
Contact us today for a free consultation. Available in English, Spanish, and Russian.