What Should I Do After A Car Accident In California?

After a car accident in California, focus on (1) safety and medical care, (2) preserving evidence, and (3) protecting your claim from insurance tactics. Call 911 if anyone is hurt, exchange the required information, and take photos/video before the scene changes (if it’s safe). Get medical evaluation the same day whenever possible—delayed care is one of the fastest ways insurers argue you “weren’t really injured.” California also has reporting requirements (including a DMV accident report in many cases). If you’re injured, talk to a lawyer before giving recorded statements or signing anything.

Need guidance right now? Call The Law Offices Of Gerald L. Marcus Today At 818-784-8544.

Key Takeaways (Fast Checklist)

• Call 911 if anyone is hurt or if traffic conditions are dangerous.

• Get medical evaluation ASAP (same day if possible).

• Document everything: photos, video, witness info, and notes.

• Don’t admit fault or guess what happened—stick to facts.

• Be careful with insurance calls (especially recorded statements).

• File a DMV report (SR-1) within 10 days if there’s injury/death or damage over $1,000.

• Most California injury lawsuits have a 2-year deadline (with important exceptions).

• If a city/county/state vehicle or road defect is involved, deadlines can be much shorter.

• Call The Law Offices Of Gerald L. Marcus at 818-784-8544 if you’re hurt, missing work, or getting pressured.

What To Do Immediately

1) Check for injuries and get to safety

If anyone is hurt—even “minor” pain—prioritize medical help. If you can move to a safer location without worsening injuries, do so. If you’re on a freeway, shoulder, or high-traffic area, treat safety as priority #1.

2) Call 911 when there are injuries, hazards, or unsafe conditions

Police/CHP can document the scene and create a collision report, which can matter later if the other driver changes their story.

3) Exchange the right information (and keep it professional)

Exchange what’s needed:

• Driver name + contact info

• License number

• Plate number + vehicle info

• Insurance company + policy info

Do not argue about fault. Don’t apologize. Don’t guess. Don’t volunteer extra details.

4) Take photos and video before the scene changes (if safe)

This is one of the highest-ROI steps you can take.

Photo/Video Checklist:

• Wide shots showing lane positions, intersections, signals

• Close-ups of all vehicle damage (both cars)

• Skid marks, debris, broken glass

• Weather/lighting (sun glare, rain, darkness)

• License plates and any identifying markings

• Injuries (bruising, swelling) if appropriate

• Dashboard warnings, airbags, seatbelt marks

5) Get witness information immediately

Witnesses disappear fast.

Ask:

• Name + phone number

• What they saw (one sentence)

• Where they were standing/driving

6) Make a quick note while it’s fresh

Open Notes on your phone and write:

• Time and exact location

• Direction of travel, what you observed

• What the other vehicle did

• Anything unusual (swerving, speeding, phone use, road hazard)

What To Do In The First 24 Hours

1) Get medical evaluation—even if you “feel fine”

Many serious injuries don’t feel serious immediately:

• Concussion symptoms can show later

• Neck/back injuries often worsen after the adrenaline fades

• Pain can appear the next day (or days later)

If you were injured, documented medical care is one of the strongest pieces of evidence in your case.

2) Start a “claim file” (your future self will thank you)

Create a folder (digital or physical) and save:

• ER/urgent care records, discharge papers

• Prescriptions and receipts

• Tow and storage bills

• Rental car receipts

• Repair estimates

• Photos and videos

• Names of witnesses and responding officers

• Claim numbers and adjuster contact info

• A daily symptom log (pain, limitations, sleep issues)

3) Notify your insurer—carefully

You usually need to report a crash to your insurer. Keep it factual:

• Where it happened

• Date/time

• Vehicles involved

• Whether medical care was sought (if known)

• Police/CHP involvement

Avoid detailed opinions about fault or injuries before you’re evaluated.

4) If you’re being pushed for a recorded statement, slow down

Insurance companies often call quickly and sound helpful. Their job is to control the payout. If you’re hurt, you should understand your rights and risks before giving statements that can be used against you later.

If you’re getting pressured today, call 818-784-8544.

What NOT To Do (insurance traps)

Don’t give a recorded statement “to get it over with”

A recorded statement can lock you into wording you didn’t intend:

• “I’m okay” becomes “no injury”

• A guess becomes “admission”

• A small inconsistency becomes “credibility problem”

Don’t accept the first settlement offer

Early offers often arrive before you know:

• the full diagnosis

• whether you need imaging

• how long rehab will last

• whether you’ll miss work

• whether symptoms will persist

Don’t delay treatment (or skip follow-ups)

Insurers love “gaps in care.” If you’re hurt, consistent treatment and documentation matter.

Don’t sign broad medical authorizations without understanding them

Some authorizations can be overly broad. Your medical privacy and claim strategy matter.

Don’t post about the crash on social media

Even innocent posts can be misinterpreted.

Evidence Checklist (copy & save)

Scene Evidence

• Photos/video of vehicles, lanes, signals, damage, debris

• Witness names and phone numbers

• Nearby businesses/homes that may have cameras

• Notes on weather, lighting, visibility

Documentation

• Police/CHP report number (if taken)

• Tow receipt, storage bills

• Repair estimates and invoices

• Rental and transportation receipts

Medical Evidence

• ER/urgent care notes

• Imaging (X-ray/MRI/CT) if ordered

• Doctor referrals and PT notes

• Medications and prescriptions

• Symptom journal (daily)

Income / Work Impact

• Time missed from work

• Employer letter or doctor work restrictions

• Pay stubs / wage documentation

• Self-employed: invoices, missed contracts, scheduling records

California Reporting Rules (Police + DMV SR-1)

Report injuries to law enforcement (24-hour rule)

California Vehicle Code § 20008 requires a driver involved in a crash resulting in injury or death to report it to the California Highway Patrol or local police within 24 hours.

DMV SR-1: You may have a 10-day deadline

In California, you generally must file a DMV accident report (SR-1) within 10 days if:

• anyone is injured (even minor), or

• anyone is killed, or

• property damage is over $1,000

Important: This DMV filing is separate from your insurance claim.

Minimum Auto Insurance Limits In California (why coverage runs out fast)

California’s minimum liability limits are:

• $30,000 (injury/death per person)

• $60,000 (injury/death per accident)

• $15,000 (property damage)

If your injuries are serious, minimum coverage can be exhausted quickly—especially if multiple people are hurt. That’s why strategy matters early (including evaluating uninsured/underinsured motorist coverage, medical payments coverage, and all potentially responsible parties).

Deadlines In California (statute of limitations + government claims)

Most personal injury lawsuits: 2 years

In many cases, California gives you two years from the date of injury to file a personal injury lawsuit.

Property damage: commonly 3 years

Property damage claims often have a longer deadline than injury claims.

Government vehicle/property/road defect cases: the clock can be much shorter

If your crash involves a government vehicle, public property, or a roadway defect tied to a public entity, the deadline to file a government claim is often six months (Gov. Code § 911.2) before you can sue.

If you suspect any government involvement, call 818-784-8544 immediately.

Fault In California: What If I Was Partly To Blame?

California follows pure comparative negligence. That means your compensation can be reduced by your percentage of fault—but being partially at fault does not automatically block recovery.

Example:
If your damages are $100,000 and you’re found 20% at fault, your recovery could be reduced to $80,000.

This is why you should never “guess fault” at the scene. Fault is often determined using:

• vehicle damage patterns

• witness statements

• surveillance footage

• crash reconstruction

• roadway design and signage

How Much Is My California Car Accident Case Worth?

Case value depends on the facts—especially injuries and documentation. Common components include:

Economic damages

• Medical bills (past and future)

• Physical therapy and rehab

• Lost wages and reduced earning capacity

• Out-of-pocket costs (transportation, prescriptions, home assistance)

• Property damage and related expenses

Non-economic damages

• Pain and suffering

• Loss of enjoyment of life

• Emotional distress

• Loss of consortium (in some cases)

The earlier you protect evidence and document treatment, the stronger your negotiating position becomes.

When Should I Call A Lawyer After A Car Accident?

Call a California car accident lawyer when any of the following are true:

• You have any injury beyond minor soreness

• You went to the ER/urgent care or need imaging

• You have concussion symptoms (headache, dizziness, confusion)

• The other driver denies fault or changed their story

• You’re being pressured for a recorded statement

• It involves a commercial vehicle (truck/van), rideshare, or delivery driver

• You missed work or may need ongoing treatment

• You suspect low policy limits or coverage issues

• A government vehicle/property/road defect may be involved

If any of this sounds like your situation, call The Law Offices Of Gerald L. Marcus now: 818-784-8544.
Free consultation. No fee unless we win.

What Happens After You Hire A Car Accident Lawyer?

While every case is different, a strong process typically includes:

1. Evidence preservation (photos, witnesses, video requests)

2. Coverage review and liability analysis

3. Medical documentation planning

4. Demand package preparation

5. Negotiation

6. Litigation if needed

Insurance companies often take cases more seriously when they know you’re prepared to push the next step if necessary.

FAQs

What if I didn’t feel hurt until the next day?

That’s common. Symptoms—especially neck/back pain and concussions—can take hours or days to appear. Get evaluated as soon as possible and document your symptoms. Delayed treatment gives insurers an opening to argue your injury came from something else.

Do I need a police report to make an insurance claim?

Not always. You can file a claim without a report, but a report can help when there’s a dispute about what happened. If injuries exist or the scene is unsafe, calling law enforcement is usually wise.

What should I say to the insurance adjuster?

Keep it short and factual: when/where it happened, who was involved, where the vehicles are, and whether you sought medical care. Avoid opinions on fault, uncertain speed estimates, or final injury conclusions before evaluation.

Should I go to urgent care or the ER after a crash?

ER is typically appropriate for severe pain, head injury symptoms, neurological symptoms, major bleeding, broken bones, or worsening symptoms. Urgent care can document injuries for less severe situations. If in doubt, prioritize medical evaluation.

What if the other driver has no insurance?

You may still have options through your own coverage (like uninsured motorist) and by identifying additional responsible parties depending on the facts.

What if it was a hit-and-run?

Call 911 and report it immediately. Document the scene, look for cameras/witnesses, and don’t wait—timing is critical for locating evidence.

Do I have to report a car accident to the DMV in California?

In many accidents, yes. If anyone is injured, killed, or property damage exceeds $1,000, a DMV SR-1 report is generally required within 10 days.

How long do I have to file a claim in California?

Deadlines vary, but many personal injury lawsuits are subject to a 2-year limit, property damage often has a longer window, and government cases can have much shorter deadlines.

Will my insurance rates go up if I report the accident?

It depends on your policy, fault determination, and insurer rules. But avoiding proper reporting can create other problems. Protect your health and legal rights first.

What if I was partly at fault?

California’s comparative negligence system may reduce your recovery by your percentage of fault, but partial fault does not automatically eliminate your claim.

How long does a settlement take?

Some claims resolve in months; others take longer depending on treatment length, disputes over fault, and insurer behavior. Serious injuries usually require careful timing so the full impact is documented.

What documents should I keep after a crash?

Medical records, bills, receipts, wage loss proof, photos, videos, witness info, claim numbers, police report info, and a symptom journal.

Can I recover lost wages?

Often yes, if the accident caused missed work or reduced earning capacity. Documentation matters (doctor notes and wage records).

What if a city bus or government vehicle was involved?

These cases can involve special notice requirements and shorter deadlines. Do not wait—call 818-784-8544.

Talk To A California Car Accident Lawyer Today

A crash can turn into a financial and medical mess fast—especially when insurance companies start calling before you even understand your injuries.

If you were injured in a California car accident and want a clear plan to protect your case:

Call The Law Offices Of Gerald L. Marcus: 818-784-8544
Free consultation • No fee unless we win