Experienced Personal Injury Attorneys
What to Do Immediately After a Car Accident in California
The moments following a car accident are chaotic and stressful. What you do—and don’t do—in those critical minutes can significantly impact your health, your legal rights, and your ability to recover compensation. Whether you were involved in a collision in Diamond Bar or a crash in Pomona, following these steps helps protect you and strengthen any future personal injury claim.
Step 1: Stop and Stay at the Scene
California law requires you to stop immediately after any accident involving injury, death, or property damage. Leaving the scene of an accident—even a minor one—can result in hit-and-run charges. Pull over to a safe location as close to the accident scene as possible.
Turn on your hazard lights to alert other drivers. If it’s dark, turn on your headlights and use flares or reflective triangles if you have them.
Step 2: Check for Injuries
Before worrying about vehicle damage or fault, assess whether anyone is injured:
- Check yourself for injuries
- Check on your passengers
- If safe to do so, check on occupants of other vehicles
If anyone is injured or you’re unsure about the extent of injuries, call 911 immediately. Even if injuries seem minor, err on the side of caution—some serious injuries like brain trauma or internal bleeding may not be immediately apparent.
Do not move seriously injured people unless there’s an immediate danger like fire. Moving someone with a neck or back injury can cause additional harm.
Step 3: Call the Police
Always call the police after an accident, even for minor collisions. In California, you must report accidents to the California Highway Patrol or local police if anyone is injured or killed, or if property damage exceeds $1,000.
A police report creates an official record of the accident that includes:
- Date, time, and location
- Names and contact information of all parties
- Witness statements
- The officer’s observations and diagrams
- Potential traffic violations
- Insurance information
This report becomes valuable evidence if you file an injury claim. Request a copy of the report or ask the officer how to obtain one.
Step 4: Exchange Information
California law requires drivers involved in accidents to exchange certain information. Collect the following from all other drivers:
- Full name and contact information
- Driver’s license number
- Insurance company and policy number
- Vehicle registration information
- License plate number
- Make, model, and color of vehicle
Also note the names and badge numbers of responding officers. If the other driver is not the vehicle owner (for example, if they were driving a company vehicle), get the owner’s information as well.
Step 5: Document the Scene
Use your smartphone to thoroughly document the accident scene. Take photos and videos of:
- All vehicles involved, showing damage from multiple angles
- The overall accident scene, including intersections and traffic signs
- Skid marks, debris, and road conditions
- Traffic signals and signs
- Weather and lighting conditions
- Your visible injuries
- The other driver’s license plate and insurance card
This visual evidence can be crucial for establishing liability and proving the extent of damage.
Step 6: Gather Witness Information
If anyone witnessed the accident, ask for their name and phone number. Independent witnesses—people who don’t know either driver—can provide valuable testimony about what happened. Their accounts may corroborate your version of events if the other driver disputes fault.
Ask witnesses what they saw while details are fresh, but don’t pressure them or put words in their mouths.
Step 7: Seek Medical Attention
Even if you feel fine, see a doctor as soon as possible after the accident—ideally within 24-48 hours. There are several reasons this matters:
Delayed symptoms: Adrenaline and shock can mask pain. Many injuries, including whiplash, soft tissue damage, and concussions, may not show symptoms until hours or days later.
Documentation: Medical records from immediately after the accident create a clear link between the collision and your injuries. Gaps in treatment give insurance companies ammunition to argue your injuries aren’t serious or weren’t caused by the accident.
Your health: Some injuries worsen without prompt treatment. Getting checked out protects your long-term wellbeing.
Tell your doctor about the accident and describe all symptoms, even minor ones. Follow all treatment recommendations and attend all follow-up appointments.
Step 8: Notify Your Insurance Company
Report the accident to your insurance company promptly. Most policies require timely notification. Provide basic facts about the accident but avoid:
- Admitting fault or apologizing
- Speculating about what happened
- Giving recorded statements without consulting an attorney
- Accepting any settlement offers immediately
Be honest but stick to the facts you know. You can decline to provide a recorded statement until you’ve consulted with an attorney.
Step 9: Keep Detailed Records
Start organizing all accident-related documentation:
- Police report
- Medical records and bills
- Photos and videos from the scene
- Witness contact information
- Correspondence with insurance companies
- Receipts for out-of-pocket expenses
- Pay stubs documenting lost wages
This documentation supports your claim for damages and helps your attorney build the strongest possible case.
Step 10: Consult a Personal Injury Attorney
Before accepting any settlement offer or giving detailed statements to the other driver’s insurance company, consult with a California personal injury attorney. An attorney can:
- Evaluate the strength of your claim
- Advise you on dealing with insurance companies
- Ensure you don’t miss filing deadlines
- Calculate the full value of your damages
- Handle negotiations on your behalf
Most personal injury attorneys offer free consultations and work on contingency, so there’s no financial risk in learning your options.
What NOT to Do After an Accident
Avoid these common mistakes that can hurt your claim:
Don’t admit fault: Even saying “I’m sorry” can be used against you. Stick to exchanging information and avoid discussing who caused the accident.
Don’t leave the scene: Leaving before police arrive can result in criminal charges and undermines your credibility.
Don’t skip medical treatment: Gaps in treatment suggest your injuries aren’t serious.
Don’t post on social media: Anything you post can be used by insurance companies to dispute your injuries or blame you for the accident.
Don’t sign anything without legal review: Insurance companies may present documents that limit your rights. Have an attorney review any paperwork before signing.
Don’t accept quick settlement offers: Early offers rarely reflect the true value of your claim, especially before you know the full extent of your injuries.
California Reporting Requirements
Under California Vehicle Code § 20008, you must file a written report with the CHP or local police within 24 hours if anyone was injured or killed. Additionally, you must file an SR-1 report with the California DMV within 10 days if anyone was injured, killed, or if damage exceeds $1,000.
Contact Commonwealth Legal Group, PC
Attorney Albert Ng has helped countless accident victims navigate the aftermath of California car accidents. From minor fender-benders to serious collisions causing catastrophic injuries, he understands what it takes to protect your rights and pursue fair compensation.
Contact us today for a free consultation. We’ll review your case, answer your questions, and help you understand your next steps.
