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Last Modified on Jan 23, 2026
You’re shaking. Your heart’s racing. And now you’re standing on the side of a California road wondering what you’re supposed to do next. What to do after a car accident in California is probably the last thing you thought about this morning, but here you are. The adrenaline makes it hard to think straight, and missing even one critical step could cost you thousands when dealing with insurance companies (who aren’t exactly rushing to help).
But here’s the thing: there’s a clear roadmap that protects your rights and your wallet. Gonzales Law Offices has seen this scenario play out plenty of times, and we’re breaking down exactly what you need to do right now, in order, before you say or sign anything you’ll regret.
Key Takeaways
- Call 911 immediately if anyone is injured, and report the car accident to law enforcement regardless of severity
- Exchange essential information with all parties involved, but never admit fault at the scene
- Report to the DMV within 10 days using Form SR-1 if there’s injury, death, or property damage exceeding $1,000
- Seek medical evaluation promptly even if you feel fine (adrenaline masks injuries)
- Document everything thoroughly with photos, witness contacts, and detailed notes for insurance and legal protection
Stay Calm and Assess the Situation
First things first. Take a breath.
Your heart’s probably racing, your hands might be shaking, and that’s completely normal. The thing is, what you do in these first few minutes matters more than you think. Turn on those hazard lights immediately. Check yourself, check your passengers. Anyone bleeding? Anyone unconscious? Can everyone move?
Here’s what happens next – you need to figure out if your vehicle can be safely moved. If you’re blocking traffic and the cars are drivable, the California Highway Patrol actually recommends moving to the shoulder or a safe location. But (and this is important) if anyone’s injured or you suspect injuries, don’t move them unless there’s immediate danger like fire or oncoming traffic.
The adrenaline rush? It’s a problem. I’ve seen people walk around, exchange information, drive home, and then six hours later they’re in the ER with symptoms they didn’t feel at the scene. Your body’s basically lying to you right now.
Document everything while you’re still there. The accident scene won’t stay preserved forever, and memories get fuzzy fast.
Immediate Actions Post-Accident
Call 911. Seriously, just do it.
A lot of people think minor accidents don’t need police involvement. They’re wrong (not their fault – it’s just what they’ve heard). In California, you’re required to report any accident that results in injury or death to law enforcement within 24 hours. Even for property damage accidents, having that official police report protects you down the road when insurance companies start asking questions.
While you’re waiting for officers to arrive:
- Get names and phone numbers from witnesses
- Take photos from multiple angles
- Capture license plates, street signs, traffic signals
- Record weather conditions and lighting
- Note any skid marks or debris patterns
The California DMV emphasizes accurate documentation because insurance adjusters weren’t there. Your photos and witness statements become the official record of what actually happened versus what someone claims happened three weeks later when they’ve talked to their insurance company.
Videos work even better than photos if you can manage it. Walk around the entire scene narrating what you see.
Exchange Information Accurately
You need specific information from the other driver. Not just their name. Their driver’s license number, insurance company name, policy number, vehicle registration, and contact information. Write it all down or take clear photos of their documents.
And here’s where people mess up – they start apologizing. “I’m so sorry, I didn’t see you, this is totally my fault.” Stop. Don’t do that. You can be polite and human without admitting liability. California operates under comparative negligence rules, which means fault gets divided up based on who did what wrong. That casual apology at the scene? It becomes evidence against you.
The California Department of Insurance specifically warns against making statements about fault during information exchange. Stick to facts. What happened, what you observed, but not your interpretation of who caused what.
Give them your information too – it’s legally required. But keep conversation minimal and factual.
Reporting and Legal Requirements
Now here’s where it gets tricky.
California law requires you to file a Report of Traffic Accident Occurring in California (Form SR-1) with the DMV within 10 days if the accident caused more than $1,000 in property damage to any one person’s property, or if anyone was injured or killed, regardless of how minor those injuries seemed. People skip this step constantly and then wonder why their license gets suspended. The California DMV doesn’t send reminder notices. They just suspend.
The $1,000 threshold sounds like a lot until you realize modern bumpers cost $2,500 to replace (yeah, it’s ridiculous). When in doubt, file the report. Better to over-report than face penalties for under-reporting.
You’ll also need to submit proof of insurance with that SR-1 form. If you were uninsured at the time of the accident… well, that’s a whole separate problem involving potential license suspension and SR-22 requirements, but that’s honestly beyond the scope of what we’re covering right now.
The police report is different from the SR-1. The police report goes to law enforcement databases. The SR-1 goes to the DMV. You need both.
Handling Injuries and Medical Evaluations
Go to the doctor.
Even if you feel completely fine. Even if you walked away without a scratch. Even if you think I’m being overly cautious. The California Office of Traffic Safety tracks accident data, and delayed injury symptoms appear in a shocking percentage of accidents, especially rear-end collisions that cause whiplash or head injuries that initially present with no symptoms.
Too many people who thought they were fine, went about their week, and then ended up with chronic pain that could have been caught and treated early. Concussions don’t always knock you unconscious. Internal injuries don’t always cause immediate pain. Soft tissue damage to your neck and back might not hurt until the next morning when you literally can’t get out of bed.
Keep every medical record, every receipt, every doctor’s note. If you eventually need to file a personal injury claim, documentation of immediate medical attention strengthens your case exponentially compared to someone who waited three weeks to see a doctor (because then insurance companies argue your injuries came from something else).
The emergency room visit creates a paper trail connecting your injuries directly to the accident. That matters legally and for insurance purposes.
Reporting an Accident to Insurance
Contact your insurance company within 24 to 48 hours. Most policies actually require prompt notification, and “prompt” typically means immediately or as soon as practically possible. Waiting a week to report? That can give your insurance company grounds to deny your claim or at least create problems you don’t need.
California operates under an at-fault insurance system, which means the person who caused the accident is responsible for damages (this differs from no-fault states where everyone files with their own insurance regardless of fault).
But here’s the practical reality – you’ll probably file with your own insurance company first, and they’ll subrogate against the at-fault party’s insurance later. Unless you have just liability coverage, in which case… well, you’re dealing directly with the other driver’s insurance from the start.
The California Department of Insurance regulates how insurance companies must handle claims, including response timeframes and good faith requirements, but knowing your rights doesn’t mean the process will be smooth. Insurance adjusters will ask for your statement. They’ll want your photos, your medical records, access to your vehicle for inspection. Cooperate, but be careful. Recorded statements can be used against you if you’re not precise with your words.
Don’t accept the first settlement offer without understanding what you’re giving up. Once you sign that release, it’s over. You can’t come back later when you discover additional injuries or damage.
And definitely don’t lie or exaggerate. Insurance fraud in California can be charged as either a felony or a misdemeanor depending on the type of fraud and the amount involved. Adjusters investigate suspicious claims aggressively.
Legal Guidance and Future Steps
Here’s the reality about personal injury claims in California: you have two years from the date of the accident to file a lawsuit under the statute of limitations for personal injury cases. That sounds like plenty of time until it isn’t. Evidence disappears. Witnesses move. Memories fade. Medical records get archived.
The California Courts system provides resources for understanding your rights, but honestly? For anything beyond the most minor fender bender, talking to a personal injury attorney makes sense. Most work on contingency (they only get paid if you recover compensation), so cost isn’t typically a barrier to getting advice.
What does legal counsel actually do? They deal with insurance companies who have entire legal teams working to minimize what they pay you. They understand California’s comparative negligence rules and how fault percentages affect your recovery. They know when a settlement offer is actually fair versus when you’re being lowballed. They handle the paperwork, the negotiations, the medical lien issues that pop up when your health insurance wants reimbursement.
You don’t have to hire an attorney. But getting a free consultation to understand your options? That’s just smart. Especially if you’re dealing with significant injuries, disputed fault, or an uninsured motorist situation where your own underinsured/uninsured motorist coverage comes into play.
California law also protects you from certain predatory practices. Insurance companies can’t force you to use specific repair shops (though they can refuse to guarantee work done elsewhere). They can’t refuse to pay valid claims just because you hired an attorney. They must respond to communications within specific timeframes established by the California Insurance Code.
But knowing your rights and enforcing them are two different things. That’s where legal guidance becomes less optional and more essential, depending on your situation and what you’re up against.
Frequently Asked Questions About California Car Accidents
Do you have to call the police after a minor car accident in California?
Depends on the damage. In California, if there’s an injury or the damage looks like it’s over $1,000 (which happens faster than you’d think), yeah, you need to call them. Even if it seems minor, getting a police report protects you later when insurance companies start asking questions. Better safe than scrambling for proof weeks later.
How soon after an accident must it be reported to insurance in California?
Most insurers want to hear from you within 24-48 hours. Check your actual policy though – some are stricter. Waiting too long can give them an excuse to deny your claim, so just call them ASAP even if you’re still figuring things out.
What info should I exchange after a car accident?
Names, phone numbers, driver’s license numbers, insurance company and policy numbers, license plate numbers. Also grab the make and model of their car. Don’t forget to note exactly where it happened too.
What happens if I’m at fault in a car accident in California?
Your insurance pays for the other person’s damages and injuries up to your policy limits. Your rates will probably go up. If damages exceed your coverage, you could be personally liable for the rest – which is why carrying decent liability limits actually matters.
How long do you have to report an accident to insurance in California?
Your policy determines this, not state law. Usually 24-48 hours, sometimes up to 72. But honestly, why wait? The sooner you report it, the sooner they can start working on it. Delaying just makes everything messier.
What to do after a minor car accident that’s not your fault?
Still call the cops if damage looks significant. Get the other driver’s info. Take photos of everything – their car, your car, the intersection, skid marks, whatever. Then call your insurance even though you weren’t at fault. They’ll deal with the other person’s insurance for you, which saves you a massive headache.
How much to expect from a car accident settlement in California?
There’s no magic number. Settlements depend on your injuries, medical bills, lost wages, how badly the other person screwed up, and honestly how good your evidence is. Minor accidents might settle for a few thousand. Serious injuries can hit six or seven figures. Every case is completely different. California Courts can give you info on how damages get calculated.
What to do after an accident for your body?
See a doctor within 24 hours, even if you feel fine. Adrenaline masks pain like crazy. Whiplash, concussions, internal injuries – they don’t always show up immediately. Get checked out, follow treatment plans, and keep every single medical record. Your future self will thank you.
Gonzales Law Offices: Your Car Accident Law Firm
Look, the steps after an accident matter more than most people realize. Check injuries, call 911, exchange info, document everything, and notify your insurer within a reasonable time. And here’s what we see all the time – insurance companies will try to minimize your claim when you’re still shaken up and unsure of your rights.
That’s exactly when you need someone who knows California’s fault rules and won’t let them lowball you. Got questions about your specific situation? Contact our firm today. We’ll review what happened and tell you straight whether you’ve got a case worth pursuing.
California Car Accident Resources:
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