Personal injury guide
What to Do After a Car Accident
Check for injuries and call 911, get medical care, photograph the scene, swap information, and report the crash. Be careful what you tell insurers.
First things first
Safety, then evidence
The first hours after a crash are confusing, and most people have never been through one before. What you do in that window can affect both your recovery and any claim you make later.
Safety comes first. If anyone may be hurt, call 911. If no one is injured and the cars can be moved, move them out of traffic, turn on your hazard lights, and stay at the scene.
After that, the goal is simple: get medical care, preserve evidence while it still exists, and meet the reporting deadlines California sets.
Most of these steps take only minutes, and none of them requires admitting anything or deciding whether to make a claim. They simply keep your options open while you focus on getting better.
If you are reading this days or weeks after a crash, it is not too late. Many of these steps, such as getting medical care, requesting the police report, and preserving video, can still be done now.
This guide walks through each step in order, from the scene to the first call from an insurance company, along with the common mistakes that weaken a valid claim.
1. At the scene
California law requires every driver involved in a crash to stop. When someone is hurt, drivers must also help the injured person get care if it is needed. In every crash, even a minor one, drivers must exchange information.
Collect the following from every other driver:
Name, address, and phone number
Driver’s license number
Insurance company and policy number
Vehicle make, model, and license plate
Names and phone numbers of any witnesses
Stay calm and stick to facts. Do not argue about fault or apologize. Asking whether someone is okay is fine, but a remark like "I didn’t see you" can be used against you later.
2. Get checked by a doctor
Many crash injuries, including neck and back injuries and concussions, do not show their full effects for hours or days, and adrenaline masks pain. See a doctor the same day or the next day, even if you feel fine, and describe every symptom.
A prompt visit protects your health first. It also creates a record that links your injuries to the crash. Insurance companies often point to a gap between the accident and the first medical visit to argue that an injury came from something else.
3. Photos, video, and other evidence
Use your phone before the scene is cleared:
Every vehicle from several angles, and the damage up close
Where the cars came to rest, skid marks, debris, and nearby signals or signs
Road, lighting, and weather conditions
Your visible injuries, and again over the following days
If your car has a dash camera, save the footage right away, because many cameras record over older video. Nearby businesses and homes may have security cameras, but that footage is often deleted within days. Ask early, or let us send a preservation request.
4. Report the crash
If police respond, ask for the report number and the officer’s name. If someone was hurt and no officer made a report, the driver must report the crash to the local police or the California Highway Patrol within 24 hours.
Separately, California requires a report to the DMV on form SR-1 within 10 days when a crash injures or kills anyone or causes more than $1,000 in property damage. The requirement applies no matter who was at fault and whether police came. Missing it can lead to the suspension of your driver’s license.
5. Notify your own insurance company
Your policy almost certainly requires prompt notice of an accident. Report the basic facts: when and where it happened, the vehicles involved, and whether you were hurt. Your own policy may include medical payments coverage or uninsured motorist coverage that helps you, but only if you report the crash.
6. Be careful with the other driver’s insurer
The at-fault driver’s insurance company may call within a day or two. The adjuster works for that company, and the company’s goal is to pay as little as possible. You are not required to give it a recorded statement, and you should not describe your injuries before you know how serious they are.
You can give your name and contact information and tell the adjuster that your lawyer will be in touch. Our guide to dealing with the other driver’s insurance company covers these calls in detail.
7. Minor accidents and fender benders
Even a low-speed crash can injure the neck or back. Exchange information, take photos, and file the SR-1 if the damage is over $1,000, a figure that modern bumpers and sensors make easy to exceed.
Do not agree to settle privately on the spot. You may not know the full cost of repairs, or whether you are hurt, until days later.
8. Mistakes to avoid
Leaving the scene before exchanging information
Skipping or delaying medical care
Posting about the crash or your injuries on social media
Signing a release or cashing a quick check before treatment is complete
Letting the reporting and claim deadlines pass
9. When to call a lawyer
Call us if you were hurt, if fault is disputed, if the other driver had little or no insurance, or if an insurance company is pressing you for a statement or a quick settlement. Most California injury lawsuits must be filed within two years, and claims against a public agency generally must be presented within six months, so it pays to call early.
Talk with us
Montanez Yu represents people injured in car accidents, pedestrian and bicycle accidents, dog bites, and slips and falls throughout Southern California. Consultations are free. No fee and no costs unless we recover. Call (951) 444-7407 or request a free consultation, and we will walk you through your next steps.
This guide is general information about California law, not legal advice for your situation. Reading it does not create an attorney-client relationship.