A car accident can turn an ordinary day into one of the most stressful experiences of your life. In the moments after a collision, it is natural to feel shaken, disoriented, or focused only on getting home. But the steps you take in the hours and days that follow can significantly affect your health, your legal rights, and your ability to recover full compensation for your losses. Here is what our clients need to know about protecting themselves from the very start.

California law requires every driver involved in a collision that causes injury or death to stop at the scene, provide identifying information, and render reasonable assistance to anyone who is hurt, including arranging transportation for medical treatment when it is needed or requested (Veh. Code, §§ 20001, 20003). Drivers involved in a collision that damages only property must also stop and exchange information (Veh. Code, § 20002). Leaving the scene can result in serious criminal penalties.

If anyone is injured, call 911 immediately. If it is safe to do so, move vehicles out of the flow of traffic and turn on your hazard lights. Your safety and the safety of others always come first.

Ask for a police officer or the California Highway Patrol to respond, particularly if anyone is injured, a driver appears impaired, or the other driver is uncooperative. An official collision report records important details while they are fresh, including the parties involved, witness information, and the officer's observations. If an accident results in injury or death and no officer files a report, the driver must make a written report to the California Highway Patrol or the local police department within 24 hours (Veh. Code, § 20008).

Exchange your name, address, driver's license number, vehicle registration, and insurance information with the other driver (Veh. Code, § 20002). Then, if you are physically able, gather as much evidence as you can:

• Photograph all vehicles involved, including damage, license plates, and their positions on the road.
• Photograph skid marks, debris, traffic signals, signs, road conditions, and weather conditions.
• Photograph any visible injuries.
• Collect names and phone numbers of witnesses. Independent witnesses can be invaluable if fault is later disputed.
• Note nearby businesses or homes that may have security cameras, and ask whether any vehicle involved had a dash camera. Video footage is often overwritten within days.

Remain calm and courteous, but avoid discussing fault or speculating about what happened. It is natural to want to apologize, but statements made at the scene can later be used against you. While California law generally protects simple expressions of sympathy after an accident, a statement of fault is not protected and may be offered as evidence (Evid. Code, § 1160). Stick to the facts when speaking with the other driver and with law enforcement.

Even if you feel fine, see a doctor as soon as possible. Many common accident injuries, such as concussions, whiplash, soft-tissue injuries, and internal injuries, may not produce noticeable symptoms for hours or even days. Prompt medical evaluation protects your health and creates a clear record connecting your injuries to the collision. Gaps in treatment are one of the most common arguments insurance companies use to minimize the value of a claim. Follow your provider's treatment recommendations and keep every appointment.

Separately from any police report, California requires that a Report of Traffic Accident Occurring in California (Form SR-1) be submitted to the Department of Motor Vehicles within 10 days if anyone was injured (no matter how minor the injury) or killed, or if property damage exceeded $1,000 (Veh. Code, § 16000). This duty applies regardless of who was at fault. Failing to file can result in suspension of your driving privilege.

Notify your own insurance company promptly, as most policies require timely notice. However, be cautious if the other driver's insurance adjuster contacts you. You are generally not required to give a recorded statement to the other driver's insurer, and the adjuster's job is to minimize what the company pays. Before giving a recorded statement, signing a medical authorization, or accepting any settlement offer, speak with an attorney. Once you sign a release, you typically cannot reopen your claim, even if your injuries turn out to be more serious than you first realized.

Beginning January 1, 2025, California raised its minimum auto liability insurance requirements to $30,000 for injury or death to one person, $60,000 for injury or death to more than one person, and $15,000 for property damage (Veh. Code, § 16056; Ins. Code, § 11580.1b). These minimums are often not enough to fully compensate someone who has been seriously injured. Your own policy may provide additional protection through uninsured and underinsured motorist coverage (Ins. Code, § 11580.2) and medical payments coverage. Review your policy, and keep in mind that uninsured motorist claims carry their own notice and timing requirements.

It is also important to carry insurance yourself. Under Proposition 213, an uninsured driver injured in an accident generally cannot recover non-economic damages, such as pain and suffering, even if the other driver was entirely at fault, subject to limited exceptions, including where the other driver was convicted of driving under the influence (Civ. Code, § 3333.4).

Keep a file with your police report number, claim numbers, medical records and bills, receipts for out-of-pocket expenses, repair estimates, and records of missed work. Consider keeping a brief journal describing your pain, limitations, and how your injuries affect your daily life. These details can be important in documenting non-economic damages.

Insurance companies and defense attorneys routinely review claimants' social media accounts. A photo of you at a family event or a casual comment that you are "doing fine" can be taken out of context and used to argue that your injuries are not serious. The safest course is to avoid posting about the accident, your injuries, or your activities until your claim is resolved.

Shared Fault Does Not Necessarily Bar Recovery

California follows a "pure comparative fault" system. Even if you were partially responsible for the accident, you may still recover damages, reduced by your percentage of fault (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). Insurance companies frequently try to shift blame to injured people to reduce what they pay, which is one more reason to preserve evidence and avoid statements about fault.

Important Deadlines

California law imposes strict time limits on accident claims. In most cases, a lawsuit for personal injury must be filed within two years of the accident (Code Civ. Proc., § 335.1), and a claim for damage to property generally must be filed within three years (Code Civ. Proc., § 338, subd. (c)). If a government entity or public employee may be responsible; for example, a city bus, a government vehicle, or a dangerous road condition, then a written government claim generally must be presented within six months of the accident (Gov. Code, § 911.2). Missing these deadlines can permanently bar your claim.