Shaaban & Biedgoly
A car accident can be overwhelming, especially when it happens suddenly and without warning. In the moments and days following the crash, the steps you take can have a major impact on your ability to recover compensation for your injuries and losses. If you live in California, knowing exactly what to do after a car accident is critical—not just for your safety, but also for protecting your legal rights in a personal injury claim.
In this article, we’ll walk through the essential actions to take immediately after an accident, how to deal with insurance companies, and what California law says about your responsibilities and rights. Following these steps can help ensure you’re in the best position to recover fair compensation.
Step 1: Prioritize Safety and Seek Medical Care
Your health and safety come first. After a car accident:
- Move to a safe location if possible.
- Call 911 if anyone is injured or if there’s significant vehicle damage.
- Accept medical attention at the scene, even if you feel “fine.” Some injuries—like whiplash, concussions, and internal bleeding—may not show symptoms right away.
- Follow up with your primary care physician or an urgent care clinic as soon as possible.
Why it matters: Medical records are key evidence in a personal injury claim. If you delay treatment, the insurance company may argue that your injuries aren’t serious or weren’t caused by the accident. The Importance of Seeking Medical Attention After an Accident
Step 2: Call Law Enforcement
California law requires you to report a car accident to the police if:
- Anyone is injured or killed.
- Property damage exceeds $1,000 (which is common in even minor crashes).
However, you should always call the police to get a traffic collision report. This protect you from the other party changing their story and telling their insurance company they weren’t at fault. The Importance Of Police Reports Following Car And Motorcycle Accidents
When officers arrive, provide accurate, factual information without admitting fault. Ask for a copy of the police report—it will serve as important evidence when proving liability in your case.
Step 3: Document the Scene
Evidence at the accident scene is often the most powerful in proving fault and damages. Be sure to:
- Take photos of all vehicles, the surrounding area, skid marks, and any visible injuries.
- Capture images from multiple angles.
- Get the contact information for all drivers, passengers, and witnesses.
- Note the time of day, weather conditions, and road hazards.
Pro tip: If you can, record short videos describing what happened while the details are fresh.
Step 4: Exchange Information With the Other Driver
California law requires that you exchange:
- Full name and contact information
- Driver’s license number
- License plate number
- Insurance company and policy number
- Vehicle make, model, and color
Do not discuss fault at this stage. Even an innocent “I’m sorry” could be used against you in a personal injury claim.
Step 5: Report the Accident to Your Insurance Company
Most insurance policies require prompt reporting of any accident. When notifying your insurer:
- Stick to the facts.
- Avoid speculation or accepting blame.
- Do not give a recorded statement to the other driver’s insurance company without consulting a personal injury attorney.
Step 6: Understand California’s At-Fault and Comparative Negligence Rules
California is an at-fault state, meaning the driver who caused the accident (and their insurance company) is responsible for damages. However, California also follows a pure comparative negligence rule, which allows you to recover damages even if you are partially at fault—your compensation is reduced by your percentage of fault.
For example:
- If your damages total $100,000 and you are 20% at fault, you can still recover $80,000.
Knowing this rule helps you understand why insurance companies work hard to shift as much blame as possible onto you.
For a more detailed explanation of comparative negligence, check out the following link: I Was Partially At Fault In A Car Accident, Can I Still Pursue A Personal Injury Claim?
Step 7: Preserve Evidence for Your Personal Injury Claim
In addition to scene documentation, keep:
- All medical bills and treatment records
- Pay stubs or employment records if you missed work
- Repair estimates and receipts for vehicle damage
- A personal injury journal detailing your symptoms, pain levels, and how the injuries affect your daily life
Step 8: Consult a California Personal Injury Attorney
A personal injury attorney can:
- Investigate the accident and gather evidence
- Handle all communications with the insurance companies
- Calculate the full value of your damages (including medical bills, lost income, and pain and suffering)
- Negotiate for a fair settlement or represent you in court if necessary
At Shaaban & Biedgoly, P.C., we focus on protecting accident victims in California and ensuring they receive the compensation they deserve.
Common Mistakes to Avoid After a Car Accident
- Admitting fault at the scene
- Failing to seek prompt medical care
- Posting about the accident on social media
- Accepting the first settlement offer from the insurance company
Each of these mistakes can weaken your case and reduce your recovery.
Frequently Asked Questions
1. How long do I have to file a car accident claim in California?
In most cases, you have two years from the date of the accident to file a personal injury lawsuit. This is called the statute of limitations.
2. Should I talk to the other driver’s insurance adjuster?
Not without legal representation. Adjusters are trained to get you to say things that could harm your case.
3. What if I was partially at fault?
You may still recover damages under California’s pure comparative negligence rule, but your award will be reduced by your percentage of fault.
The following links provides a more comprehensive list of FAQs: 15 Common Car Accident Questions and Answers and 15 Common Motorcycle Accident Questions and Answers
Conclusion
Knowing what to do after a car accident in California can make the difference between a strong personal injury claim and one that falls short. By prioritizing safety, documenting everything, and working with an experienced attorney, you protect your legal rights and maximize your chances of fair compensation.
If you’ve been involved in a car accident, contact Shaaban & Biedgoly, P.C. at (844) SHAABAN today for a free consultation. Our team is here to fight for your rights and guide you every step of the way.