What to Do When You Get in a Car Accident in California

  • Sean Chalaki
  • May 18, 2025
  • Knowledge Base

Car accidents are sudden and disorienting. In just a few seconds, your life can change, leaving you with injuries, emotional distress, and many unanswered questions. If you find yourself involved in a car accident in California, it is important to know that you do not have to navigate the aftermath alone. We are here to help guide you through each step, protect your rights, and lift some of the burdens you may be feeling during this difficult time. Understanding what to do immediately after a car accident is crucial. Your health, your legal rights, and your future well-being may all depend on the choices you make in the hours and days following the crash.

Prioritizing Your Safety and Health

The first and most important step after any car accident is to prioritize your health and safety. If you are able, move to a safe location and check yourself and others for injuries. Even if you feel fine initially, the shock of the event can mask symptoms of serious injuries like concussions, internal bleeding, or soft tissue damage. Seeking medical attention promptly is not only critical for your well-being but also creates a medical record that may be important later if you pursue a claim.

Exchanging Information at the Scene

California law requires all drivers involved in an accident to stop and exchange specific information. This includes your name, address, driver’s license number, insurance details, and vehicle registration. It is important to stay calm and limit your conversation to the necessary exchange of information. Resist the natural urge to apologize, admit fault, or speculate about what caused the accident. Even well-intentioned comments can later be misunderstood or used against you. If it is safe, take photographs of the accident scene, damage to vehicles, visible injuries, road conditions, traffic signals, and anything else that might later help show what happened. The more documentation you have, the stronger your case will be.

Notifying Law Enforcement and Filing a Report

If you are involved in a car accident in California, it is critical to understand your legal duty to report it. Under California Vehicle Code §16000, you must report any accident to the California Department of Motor Vehicles (DMV) within ten days if there was any injury, death, or property damage exceeding $1,000. This report is filed using Form SR-1, which asks for detailed information about the vehicles, parties involved, insurance coverage, and the nature of the injuries or damage. Even if a police officer already came to the scene and wrote a report, the DMV report is still a separate and required obligation — failing to file it can result in license suspension.

If law enforcement responds to the crash, the officer will typically create a traffic collision report. This document includes not only basic facts like time, location, and contact information, but also statements from drivers, passengers, and witnesses, road and weather conditions, and often the officer’s initial impressions of fault. These details often form the foundation of any civil claim for compensation. That is why it is important to be respectful and cooperative with law enforcement, while also protecting your legal position — do not admit fault or speculate about what caused the accident, even if you are feeling emotional or shaken.

If police do not respond to the accident scene — which can happen, particularly if injuries seem minor or the crash is classified as “non-emergency” — it becomes even more important to file the DMV SR-1 form and begin gathering documentation yourself. This is where a California car accident lawyer can provide immediate value. We help our clients complete the DMV report accurately, identify what details should be included to support their claim, and ensure deadlines are met. We also follow up to make sure the police report is requested, reviewed for accuracy, and supplemented if needed to protect your interests. You do not have to manage these legal and reporting obligations on your own while you are recovering — we handle them for you with care and precision.

Dealing With Insurance Companies

After an accident, you will likely need to notify your own insurance company about the incident. This is necessary to comply with the terms of your policy. However, it is important to be careful about what you say. Provide basic facts — when and where the accident occurred, which vehicles were involved — but avoid giving opinions about fault or making detailed statements about injuries until you have spoken with a lawyer.

You may also be contacted by the other driver’s insurance company. It is common for them to request a recorded statement. You are under no obligation to give one. In fact, providing a statement without legal advice can seriously damage your ability to recover fair compensation. Insurance adjusters are trained to ask questions designed to minimize payouts. Having an attorney communicate with the insurance companies on your behalf levels the playing field and protects your interests.

We take pride in handling these interactions for our clients. From the first notification to negotiating a settlement, we deal directly with insurers so you can focus on healing.

Understanding California’s Comparative Fault Rules

In California, accident claims are governed by the principle of pure comparative negligence. This means that even if you are partly at fault for the accident, you can still recover damages, but your compensation will be reduced by your percentage of fault.

For example, if you are awarded $100,000 but found to be 20% at fault, your recovery would be reduced to $80,000. Insurance companies know this and often try to shift blame onto victims to reduce their payouts. Having a California car accident lawyer on your side can make a crucial difference in fighting back against these tactics and ensuring that responsibility is properly assigned. We work hard to investigate every aspect of your case, gathering evidence, consulting experts when needed, and building a strong argument that reflects the true facts of what happened.

Filing a Personal Injury Claim in California

If you were injured in the accident, you have the right to pursue compensation for your medical expenses, lost wages, property damage, pain and suffering, and other related losses. However, California law imposes strict deadlines, known as statutes of limitations, on how long you have to file a lawsuit. Generally, you must file a personal injury claim within two years of the date of the accident. If you are seeking compensation for property damage alone, you have three years. There are some exceptions, but missing these deadlines could mean losing your right to pursue a case altogether. Working with a personal injury attorney means you have someone to build your case carefully, allowing time to gather evidence, negotiate settlements, and prepare for trial if necessary, always with your best interests in mind.

Why You Should Not Go Through This Alone: Final Thoughts From A Gosuits Personal Injury Attorney

The aftermath of a car accident is overwhelming enough without having to figure out complicated legal processes on your own. You deserve to have someone standing beside you, advocating for your needs and lifting some of the burdens you are carrying.

Every accident case is unique. Some involve straightforward liability and quick recoveries. Others involve serious injuries, long-term disabilities, or disputes over fault. No matter how simple or complicated your situation may seem, we are prepared to stand by your side and fight for the outcome you deserve. You do not have to go through this alone. From the first conversation to the final resolution, personal injury attorneys are here to protect your rights, answer your questions, and help you take the next steps toward healing and rebuilding your life.

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