What to Do After a Car Accident in California | Aramayo & Ho Meta Description: Injured in a California car accident?
Charles Aramayo
What to Do After a Car Accident in California
Getting into a car accident in California is disorienting. In the seconds after impact, your adrenaline is spiking, other drivers may be stopped in the road, and you may not yet know whether you or anyone else is hurt. What you do in the minutes, hours, and days that follow matters—both for your health and for any injury claim you may later need to pursue.
This guide walks through each step, in order, so you know exactly what to do.
Step 1: Check for Injuries Before Anything Else
Your first obligation is to yourself and anyone else in the vehicle. Before looking at your car, before calling insurance, before taking photos—check for injuries.
Do not tell anyone at the scene that you feel fine. Adrenaline suppresses pain. Soft tissue injuries, whiplash, and even internal injuries routinely take hours or days to become symptomatic. The phrase "I'm okay" gets repeated in police reports and recorded statements in ways that come back to undermine legitimate injury claims.
If you or anyone else has a visible injury, is unconscious, or cannot move safely, call 911 immediately and wait for emergency services. Do not attempt to move someone who may have a neck or spine injury.
Step 2: Move to Safety and Call 911
If the vehicles are operable and no one has a suspected serious injury, California law requires you to move vehicles out of the travel lane when possible. Staying in a live lane of traffic creates additional danger for everyone.
Call 911 regardless of how minor the collision appears. A police report creates an official record of the scene, the parties involved, and witness statements—all of which your attorney and insurer will need. In a dispute about fault or the extent of impact, an independent police report is far stronger than a crash-site agreement between the parties.
When the officer arrives, give factual information about what happened. Do not speculate, admit fault, or characterize how the other driver was acting beyond what you directly observed.
Step 3: Exchange Information—But Don't Say More Than You Need To
Exchange the following with every driver involved:
- Full legal name
- Driver's license number
- License plate number
- Insurance company name and policy number
- Phone number
Get contact information from any witnesses who stopped. Witness accounts often become critical if the other driver later contests the facts, and witnesses typically leave the scene quickly.
Do not discuss the details of the accident beyond exchanging information. Do not say you were distracted, speeding, or looking at your phone, even if you believe you were partly at fault. California uses a comparative fault system—meaning your recovery can be reduced by your percentage of fault—but that determination should happen through your attorney and the legal process, not in a parking lot conversation.
Step 4: Document the Scene
If it is safe to do so, photograph the scene before vehicles are moved. Capture:
- The position of all vehicles
- Damage to all vehicles, including your own
- Skid marks, debris, or road conditions
- Traffic signs, signals, and lane markings
- Injuries visible on your body
- The weather and lighting conditions
Video is often more useful than photos for capturing the spatial relationship between vehicles. A thirty-second walkthrough of the scene can document context that individual photos miss.
If your vehicle has a dashcam, immediately note and preserve that footage. Some dashcam systems overwrite footage after a certain period.
Step 5: Seek Medical Attention the Same Day
Even if you feel well enough to drive away from the scene, go to an urgent care clinic or emergency room the same day. For two reasons:
First, delayed-onset injuries—neck and back soft tissue damage, concussions, shoulder injuries—are extremely common in car crashes. Early documentation of your condition creates a medical record that links your injuries to the accident date.
Second, a gap between the accident date and your first medical visit gives insurance adjusters a basis to argue that your injuries were pre-existing or caused by something else. Adjusters are trained to look for documentation gaps, and courts are aware of this tactic, but why create a gap at all?
Bring or describe your accident to every treating provider. Your records should reflect that you were injured in a motor vehicle collision on a specific date.
Step 6: Notify Your Own Insurance Company—Carefully
California law requires you to report an accident to your insurer within a reasonable time. Call your insurance company to report the accident, but be cautious about what you say.
Your own insurance company—like the other driver's—is not your advocate. Recorded statements can be used to minimize your claim. Describe what happened factually. You are not required to give a recorded statement to the other driver's insurance company, and you should not do so before speaking with a personal injury attorney.
If the other driver was uninsured or underinsured, your own uninsured motorist (UM/UIM) coverage may be your primary source of recovery. This is one reason having an attorney involved early protects you even in the conversation with your own carrier.
Step 7: Preserve Every Document
From the date of the accident forward, save everything:
- Police report number (and a copy when it becomes available)
- Medical bills, visit summaries, and prescription receipts
- Your vehicle repair estimate and final repair invoice
- Rental car receipts
- Pay stubs or tax records if you missed work
- Any written communication from either insurance company
- Photographs from the scene and of your injuries over time
A good rule: if it touches the accident, save it in one folder.
Step 8: Do Not Accept a Settlement Before Consulting a Lawyer
Insurance companies often contact accident victims quickly with settlement offers. A fast offer early in the process is almost always a low offer—the insurer is trying to resolve your claim before you understand the full extent of your injuries or your legal rights.
Once you sign a release and accept a settlement, that claim is typically closed forever. If your injury turns out to be more serious than it appeared in the first days after the crash, you cannot go back.
Before you accept anything, speak with a personal injury attorney. Most personal injury attorneys—including the attorneys at Aramayo & Ho—offer free case evaluations and work on contingency, which means there is no fee unless you recover.
What If the Other Driver Was Uninsured?
California has among the highest rates of uninsured drivers in the country. If the driver who hit you had no insurance, your options may include:
- Your own uninsured motorist (UM) coverage
- Your own MedPay or PIP coverage if you have it
- A direct lawsuit against the at-fault driver, though collectability depends on their assets
An experienced injury attorney can help you identify every coverage source that applies to your situation and pursue the strongest available path to recovery.
What If I Was Partly at Fault?
California follows pure comparative fault, meaning you can still recover damages even if you were partially responsible for the accident. Your recovery is reduced in proportion to your percentage of fault—but it is not eliminated.
Do not assume a claim is not worth pursuing just because you believe you were partly to blame. The determination of fault percentages in California cases is often more favorable to injured plaintiffs than they expect.
How Long Do I Have to File a Lawsuit?
The statute of limitations for most California car accident claims is two years from the date of the accident. However, there are important exceptions:
- Claims against a government entity (a city bus, a government vehicle, an accident caused by a dangerous road condition) typically have a six-month deadline to file an administrative claim—missing it can bar recovery entirely.
- Claims involving minors may have different rules.
- Hit-and-run or uninsured motorist claims have their own procedural requirements.
Two years sounds like a long time. It is not. Evidence disappears, witnesses become unavailable, and medical records become harder to retrieve. The earlier you speak with an attorney, the more options you have.
Frequently Asked Questions
Should I call the police for a minor accident? Yes. Even minor collisions deserve a police report. What looks minor at the scene can turn out to involve injuries that appear later, and you will want an official record of the facts before memories fade.
The other driver asked me not to report the accident. Should I agree? No. A driver who asks you not to call police is almost always trying to avoid consequences—an expired license, no insurance, an outstanding warrant, or liability exposure they don't want documented. Protect yourself. Call the police and your insurer.
Do I have to talk to the other driver's insurance company? You are not legally required to give a recorded statement to the adverse driver's insurance adjuster. You should speak with an attorney before doing so.
What if my injuries showed up days after the accident? Delayed injuries are common and legally recognized. Document your symptoms in writing with dates, see a doctor as soon as symptoms appear, and tell your treating physician when the accident occurred. Do not wait to call an attorney.
How much is my car accident claim worth? Every claim is different. Factors that affect value include: the severity of your injuries, your total medical expenses, any lost wages, the permanence of your injuries, liability clarity, and available insurance coverage. An attorney can evaluate your specific facts.
Talk Directly With a Glendale Car Accident Lawyer
If you were injured in a car accident in Glendale, Los Angeles County, or anywhere across California, Aramayo & Ho is ready to help. You will work directly with Charles Aramayo or Victor Ho—not a case manager or paralegal.
We respond promptly, we take a limited caseload to give each client genuine attention, and we are prepared to litigate if that is what your case requires.
Call or text: (310) 684-2610 | Toll-free: (877) 354-7047 Email: office@aoh.law Start your case evaluation: Contact Aramayo & Ho
Aramayo & Ho, APC — 201 North Brand, Glendale, California. Serving clients throughout Los Angeles County, Orange County, Riverside County, San Bernardino County, and across California.
This article is for general informational purposes and does not constitute legal advice. Reading this article does not create an attorney-client relationship.