What to Do After a Car Accident in California: A Step-by-Step Guide
The short answer: get safe and get medical care, document the scene, exchange information, report the crash, and say nothing to the other driver’s insurer before talking to a lawyer. California generally gives you two years to file a lawsuit, but the decisions you make in the first week shape what your case is worth.
Nobody plans to need this article. But the steps you take, and avoid, in the hours and days after a crash have more effect on your recovery than almost anything that happens later. Here is the sequence, from a firm that sees where cases are won and lost.
At the Scene
Safety first: move out of traffic if you can, call 911, and accept medical evaluation even if you feel fine, because adrenaline masks injuries and a same-day medical record is the foundation of any claim. Exchange names, insurance, and license information with every driver. Then document like a lawyer: photos of all vehicles from multiple angles, the intersection, skid marks, debris, traffic signals, and your visible injuries. Get contact information for witnesses before they drive away. Do not apologize or speculate about fault, even politely; California’s comparative negligence rules mean casual words at the scene get quoted back later.
The First Week
Follow through on medical care and go to every appointment, because gaps in treatment become the insurer’s favorite argument that you were not really hurt. Report the crash to your own insurer promptly, as your policy requires, sticking to facts. California also requires reporting accidents involving injury, death, or significant property damage to the DMV within ten days, which your attorney or insurer can help handle. Start a file: photos, the police report number, medical records, receipts, and missed work.
The Insurance Trap to Avoid
Within days, the other driver’s insurance adjuster will likely call, friendly, sympathetic, and asking for a recorded statement or offering a quick settlement. Decline both. You have no obligation to give the other side a statement, and early settlements are calculated before anyone knows the full extent of your injuries; once you sign a release, discovering a herniated disc a month later changes nothing. If an insurer, including your own, unreasonably delays or lowballs a legitimate claim, that conduct has its own name and its own remedies, which we covered in our guide to insurance bad faith in California.
Deadlines That Actually Matter
California generally allows two years from the date of injury to file a personal injury lawsuit, and typically three years for property damage. The trap most people miss: if a government entity is involved, a city bus, a public employee’s vehicle, a dangerously designed road, you must file a government claim within six months before you can sue at all. That deadline arrives fast, and it is unforgiving.
When to Call a Lawyer
Not every fender-bender needs an attorney. But if anyone was injured, if fault is disputed, if a commercial vehicle or government entity is involved, or if an insurer is pressuring you to settle, a consultation costs nothing and typically changes the trajectory of the claim. Our personal injury practice handles serious accident cases across Southern California on contingency: no recovery, no fee.
Frequently Asked Questions
Should I talk to the other driver’s insurance company?
You have no obligation to give them a statement, and you should not before speaking with an attorney. Anything you say will be used to reduce your claim. Politely decline and refer them to your lawyer.
What if I was partly at fault?
California follows comparative negligence, meaning you can still recover compensation reduced by your percentage of fault. Do not assume partial fault ends your case, and do not admit fault at the scene.
How long do I have to file a car accident lawsuit in California?
Generally two years from the date of injury, and only six months to file a government claim if a public entity was involved, such as a city vehicle or dangerous road condition. Talk to an attorney well before either deadline.
If this happened to you or someone you love, Partamian Law Firm can help. We offer free, confidential consultations, and you pay nothing unless we win. Call (626) 389-4600 or reach out online.
This article is for general information only and is not legal advice. Laws change and every case is different. Speak with an attorney about your specific situation. Partamian Law Firm, 155 N. Lake Ave, Ste 800, Pasadena, CA 91101.