What to Do After a Car Accident in California
A car accident is disorienting, and the decisions you make in the minutes, hours, and days afterward can significantly affect both your recovery and any claim you bring. Here are the steps that matter most after a crash in California.
At the scene
- Get to safety and check for injuries. Move out of traffic if you can, and call 911 for anyone who is hurt.
- Call the police. A police report creates an official record of the crash, which is valuable later.
- Document everything. Take photos of the vehicles, the damage, the road, traffic signs, and any visible injuries. Get the other driver's name, license, insurance, and license plate.
- Collect witness information. Names and phone numbers of anyone who saw what happened can be decisive if fault is disputed.
- Be careful what you say. Don't apologize or admit fault at the scene — even a polite "I'm sorry" can be used against you later.
ASAP After The Crash
The most important thing to do is to seek medical attention promptly, even if you feel fine. Some serious injuries — concussions, soft-tissue damage, and internal injuries — don't show symptoms right away, and a gap in treatment gives insurers a reason to argue you weren't really hurt. Be very cautious about giving any statements to ANYBODY, especially insurance companies. Insurance companies are known for being deceptive and trying to get early statements from victims of a crash to minimize their claims. It's crucial that you contact an attorney to assist you and speak to the insurance companies on your behalf.
Know the deadline: two years
In California, you generally have two years from the date of the accident to file a personal injury lawsuit. There are exceptions that can shorten or extend that window — for instance, claims against a government entity typically must be filed much sooner — so it's important to understand your specific deadline early.
How fault works in California
California follows a "pure comparative negligence" rule. That means you can still recover compensation even if you were partly at fault — your recovery is simply reduced by your percentage of fault. For example, if you're found 20% responsible, you can still recover 80% of your damages. This is one reason insurers work hard to shift blame onto injured drivers, and why having representation matters.
What not to do
Avoid accepting the first settlement offer from an insurance company — early offers are often far below what a claim is worth, and once you accept, you typically can't reopen it. Don't give a recorded statement to the other side's insurer without advice. And don't post about the accident on social media; insurers do look. If you've been injured, a free consultation with a personal injury attorney can help you understand what your claim is actually worth before you make any of these decisions.
Frequently Asked Questions
How long do I have to file a car accident claim in California?
You generally have two years from the date of the accident to file a personal injury lawsuit in California. Some claims, such as those against a government entity, have much shorter deadlines.
Can I still recover money if the accident was partly my fault?
Yes. California uses pure comparative negligence, so you can recover compensation reduced by your percentage of fault — even if you were mostly at fault.
Should I give the other driver's insurance a recorded statement?
Be cautious. It's generally best to speak with a personal injury attorney before giving a recorded statement to the other driver's insurer, since those statements can be used to minimize your claim.
This article is general information, not legal advice, and does not create an attorney-client relationship. Every case is different; for advice about your situation, consult a licensed attorney.