What To Do After A Car Accident In California
Experiencing a car accident can be a traumatic and overwhelming event. In the U.S. alone, the National Highway Traffic Safety Administration (NHTSA) reports that over 6 million car accidents occur annually, with approximately 3 million people sustaining injuries. Amidst the shock and confusion, it’s crucial to know the right steps to take to ensure the safety of all involved and to protect your legal rights.
Whether it’s a minor fender bender, which accounts for nearly 72% of all traffic accidents, or a more severe collision, understanding what to do after an auto accident can make a significant difference in the aftermath. From checking for injuries, a step that’s vital given that 2 million drivers experience permanent injuries each year, to calling the authorities and documenting the scene, our comprehensive guide will walk you through every essential step. Additionally, with 20-50 million people suffering from non-fatal injuries worldwide, seeking prompt medical attention becomes paramount. Stay prepared, informed, and confident, even in the most unexpected situations, and ensure you’re part of the solution, not the statistic.
The following guide or the accompanying video will give you the exact steps to follow if you are wondering what to do after a car accident in California.
12 Steps To Follow After Being Invovled in An Accident
After a car accident, always stop—it’s the law- Even a minor fender-bender requires you to remain at the scene until the police arrive, especially if someone is injured. Fleeing an accident with injuries can lead to serious hit-and-run charges, carrying hefty fines and even jail time. If the other driver leaves, report their details to the police immediately. Remember, even if the at-fault driver isn’t found, your own insurance policies like UMC/UIM, Med Pay, or collision coverage might still help you recover damages.
If you or someone has been injured, call emergency services- Or ask a bystander to call for help. If whomever is injured is able to move without risking further injury, get to safety. If not, wait for emergency services, and protect yourself by using your car’s hazard lights and road flares, if you have them. After a car crash, it is crucial to seek medical attention immediately to ensure proper care and prioritize safety.
Get to safety – If your vehicle is drivable and obstructing traffic, carefully move it to the shoulder or a safe location. However, if your car is immobile due to vehicle damage or moving it would be dangerous, turn on your hazard lights, set up flares if available, and immediately get yourself and any passengers to safety. Remember, if anyone is seriously injured or killed, leave the vehicles untouched and wait for law enforcement, unless they pose an immediate hazard.
Call the police – Even if no one was injured in the car accident, it’s a good idea to call the police. Don’t let the other driver talk you out of calling 9/11. When talking to the police, tell them your location, if anyone has been injured or needs medical attention, and if there are any hazards at the accident scene, like overturned cars or fuel leaks. Reporting the accident to the California Highway Patrol or the police department is required by California law if there are injuries or death.
Give the police an accurate record- To the best of your ability, tell the law enforcement officer how the car accident happened. Only provide information you are certain, and never speculate or guess on a recorded statement.
NEVER DISCUSS/ADMIT FAULT –  Let the officer and insurance companies figure that out based on the evidence. If they ask you if you’ve been injured in the car accident, and you are not certain if you are, tell them that you are not sure. It can take some time before any injuries you’ve sustained in the accident are apparent, so it’s best to wait if you are not sure. If you are able to, you should also make sure the other drivers, passengers and bystanders give accurate statements.
Tell us about your Car Accident
7. Exchange information- If the police don’t respond to the accident. If the police do respond, they obtain this information. Take down the following information if they do not:
- Full Name, address & phone number of everyone involved in the accident, both drivers and passengers
- Insurance company and policy number of all vehicles involved in the car accident (Take pictures of all insurance details, if you can)
- Driver’s license and license plate numbers. (Take pictures, too)
- Type, color, model of all cars involved in the accident.
- Location of the accident.Â
8. Document the accident to protect yourself.
- Identify the police officers – get the names and badge numbers of all responding officers.
- Get a copy of the accident report from the officers. Usually an officer will give you a police report number, that you can use to obtain the information later.You might need this for your insurance claim.
- Take pictures of any damage – If anyone has sustained injuries, take pictures of any visible injuries. You should take pictures of any damage to your car. If you are unable to take pictures at the scene of the car accident, it is best to take them as soon as you can.
- Take down the names and contact information of any witnesses to the car accident, in addition to the contact information for the driver and passengers.
9. Report the accident to your insurance company as soon as possible. After a car accident, we understand how stressful it can be to go through all these steps. An insurance agent can help guide you through the information you need to collect at the scene if you feel unsure and help you to file your insurance claim.
 10. See a Doctor. Even a minor car accident can cause hidden injuries that might not surface immediately. It’s crucial to seek medical assistance promptly, even if you feel fine at first. Delaying medical treatment can worsen your condition and jeopardize your health insurance coverage for any accident-related medical bills.
A thorough medical examination can identify hidden injuries and create a record of your condition. Keeping detailed medical records is essential for any potential personal injury claim. It documents the extent of your injuries and the associated medical bills, strengthening your case for compensation.
 11. Keep all information related to the car accident. This information includes:
- Claim Number
- Claim’s Adjuster’s Name
- Name and Phone Number of All Contacts.
- Receipts for Any Expenses That were a result of the car accident, including doctor visits, chiropractor visits, rental car expenses, etc.
12. Talk to a lawyer to protect yourself, legally. To protect your rights and navigate the legal complexities, consult with an attorney as soon as possible. A lawyer can guide you through the claims process, advise you on dealing with insurance companies, and ensure you understand your rights under California state law. They can help you gather evidence, such as the police report, witness statements, and photos of the accident scene, which can be essential in building a strong case.
An experienced legal team can help you recover compensation for your injuries, medical expenses, lost wages, and other damages resulting from the collision. While no one wants to be involved in an accident, being informed and prepared can make a significant difference in protecting your interests and ensuring a smoother recovery process.
In the aftermath of a car accident, it’s natural to feel a mix of emotions – from shock and anxiety to relief. However, it’s imperative to remember that the actions you take immediately after and accident can have lasting implications, both for your well-being and any potential legal proceedings. By following the steps outlined in this guide, you can ensure the safety of all parties involved, gather crucial evidence, and navigate the complexities of post-accident procedures with confidence. While no one ever anticipates being in a collision, being prepared and informed can make all the difference. Remember, it’s not just about addressing the immediate aftermath but also about safeguarding your future.
If you’ve been involved in a car accident in California, don’t hesitate to seek legal assistance. Our experienced team has a proven track record of recovering over $1 billion for injured accident victims in California. We understand the local laws and regulations governing car accidents and can help you navigate the complexities of the California DMV and insurance claims process. Click the links below for more helpful accident information and to learn how we can assist you in seeking the compensation you deserve.
FAQ’s
Immediately After the Accident:
What should I do immediately after a car accident in California?
- Stop your vehicle, assess the situation, and check for injuries. If anyone is hurt, call 911 immediately. Exchange insurance information with all drivers involved, including the at-fault driver, and gather contact information from any witnesses. If possible, take photos of the accident scene, including vehicle damage and any visible injuries. If your vehicle is obstructing traffic and can be safely moved, relocate it to the side of the road or a safe location. Otherwise, turn on your hazard lights and wait for emergency responders.
Should I contact the police after a car accident, even if it seems minor?
- Yes, it’s advisable to contact the police after any collision in California, even if it seems minor. A police officer can create an official report documenting the accident details, which can be crucial for insurance claims and any potential legal action. This is especially important if there is property damage to your vehicle or another vehicle involved, or if anyone sustained visible injuries.
What if the other driver doesn’t have insurance or leaves the scene?
- If the other driver is uninsured or flees the scene (a hit-and-run), your uninsured/underinsured motorist coverage (UM/UIM) may come into play. It’s essential to report the accident to your insurance company immediately and provide them with as much information as possible about the other vehicle involved, including the license plate number and description.
Injuries and Medical Attention:
Should I seek medical attention even if I don’t have visible injuries?
- Yes, it’s crucial to seek medical assistance promptly, even if you feel fine at first. Some injuries may not manifest immediately. A thorough medical evaluation in an emergency room or urgent care facility can identify hidden issues and create detailed records of your condition for your medical records.
What if my injuries worsen after the accident?
- If your injuries worsen, seek immediate medical treatment and inform your attorney. Documentation of these changes, including any additional medical bills, can strengthen your claim for compensation.
Can I recover compensation for emotional distress after a car accident?
- Yes, in certain cases, you may be able to recover compensation for emotional distress, such as anxiety, depression, or post-traumatic stress disorder (PTSD), resulting from the accident and your injuries.
Insurance and Legal Matters:
How do I prove the other driver was at fault in a California car accident?
- Evidence such as police reports, witness statements, photos of the accident scene, traffic camera footage, and expert analysis of vehicle damage can help establish fault. An attorney can help gather and analyze this evidence to build a strong case for your injury claim.
What if the insurance company denies my claim or offers a low settlement?
- If the insurance company denies your claim or offers an unsatisfactory settlement, you can file a lawsuit. Consult with an attorney to understand your options and potential legal recourse.
Should I give a recorded statement to the insurance company?
- It’s generally not advisable to give a recorded statement to the insurance company without first consulting an attorney. Anything you say can be used against you to minimize your claim. Your lawyer can advise you on how to interact with insurance adjusters and protect your interests.
How can a lawyer help me after a car accident in California?
- A car accident attorney can help you navigate the complex legal process, protect your legal rights, and ensure you receive fair compensation for your injuries and damages. They can handle communications with insurance companies, gather evidence, negotiate settlements, and represent you in court if necessary.
Compensation and Financial Concerns:
What types of compensation can I recover after a car accident?
- Depending on the specifics of your accident and injuries, you may be able to recover compensation for medical expenses, lost income due to missed work, pain and suffering, property damage to your vehicle, and other related losses.
Can I still file a lawsuit if I was partially at fault for the accident?
- Yes, under California’s comparative negligence law, you can still recover compensation even if you were partially at fault. However, your award will be reduced by your percentage of fault, as determined by a court or through negotiations.
How long does it typically take to settle a car accident claim in California?
- The timeline for settling a car accident claim varies depending on factors like the severity of injuries, property damage, and insurance company cooperation. Simple claims might settle within a few weeks, while complex cases could take months or even years.
What if the other driver doesn’t have enough insurance to cover my damages?
- If the at-fault driver’s insurance is insufficient, your underinsured motorist (UIM) coverage may kick in to cover the remaining damages. Additionally, if you have medical payments (Med Pay) coverage, it can help pay for your medical bills regardless of fault.
What are the tax implications of a car accident settlement in California?
- Generally, compensation for physical injuries is not taxable. However, there may be tax implications for other damages, such as lost wages or punitive damages. Consult with a tax professional for specific advice on your situation.
Should I accept the insurance company’s first settlement offer?
- It’s generally not advisable to accept the first settlement offer without consulting an attorney. Initial offers are often lowball attempts to minimize the insurance company’s payout. An attorney can negotiate a fair settlement that covers all your damages.
Additional Questions:
What should I do if the police don’t come to the scene of the accident?
- If the police don’t respond, you can file a report online or in person at a California Highway Patrol (CHP) office within 24 hours of the collision.
How does California’s comparative negligence law work in car accident cases?
- California follows a “pure comparative negligence” rule, meaning you can still recover compensation even if you were partially at fault. However, your compensation will be reduced by your percentage of fault, as determined by a court or through negotiations.
What if someone dies in an accident?
- The loss of a loved one in a car accident is devastating. While coping with grief, it’s important to understand that California law allows for wrongful death claims to be filed on behalf of the deceased. These claims seek compensation for funeral and burial expenses, medical bills incurred before death, loss of financial support, and the emotional impact on surviving family members. If the accident involved negligence on the part of another driver, it’s crucial to consult with an attorney who specializes in wrongful death cases. They can guide you through the legal process, gather evidence, and advocate for your family’s rights to recover compensation.
- What if I was involved in an accident with a commercial truck or a rideshare vehicle (like Uber or Lyft)?
Accidents involving commercial trucks or rideshare vehicles can be complex due to the involvement of multiple parties and potentially different insurance coverages. These cases often require specialized knowledge of federal trucking regulations or rideshare company policies. It’s essential to consult with an experienced attorney who understands these complexities and can help you navigate the claims process and seek appropriate compensation.
Now that you know what to do after a car accident click the links below for more helpful accident info from our experienced legal team
How to make sure you are fully compensated for your vehicle and injuries after a car accident.
Making sure you get the best medical treatment available.
What is the value of my claim?
What is the statute of limitations for filing a personal injury lawsuit for my accident?
What is a personal injury case, and what makes a good case?
Proving Negligence