Car Accidents Updated August 2026 11 min read Reviewed by Ron Chini, Esq.

What to Do After a Car Accident in California: A Step-by-Step Guide

Reviewed by Ron Chini, Esq. · CA State Bar No. 263308 · Attorney in Irvine, CA since 2009.
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The minutes right after a car accident are chaotic — adrenaline is up, your car may be damaged, and you're trying to figure out if anyone is hurt while traffic keeps moving around you. What you do (and don't do) in the hours and days that follow can affect your health, your legal rights, and whether an insurance company pays you fairly. This guide walks through each step in order, with the reasoning behind it, not just a checklist.

In this guide

1. Check for injuries and call 911
2. Move to safety, if you safely can
3. Know your duty to report the accident
4. Exchange information — not opinions about fault
5. Document everything at the scene
6. Get medical care promptly, even if you feel fine
7. Be careful what you say to insurance adjusters
8. Keep records of everything that follows
9. Understand your deadline
10. Know when to call an attorney

1. Check for injuries and call 911

Before anything else — insurance, information, photos — check yourself and your passengers for injuries, then check the other vehicle if it's safe to approach. If anyone is hurt, or you're not sure, call 911 immediately. Adrenaline masks pain extremely well in the first few minutes after a crash; it's common to feel "fine" at the scene and discover a serious injury hours later. When in doubt, request paramedics. Dispatch will also typically send police, which matters for the report duty covered below. Never assume someone else has already called — say so out loud and confirm, or make the call yourself.

2. Move to safety, if you safely can

If the vehicles are drivable and no one appears seriously injured, California law and basic safety both favor moving out of an active traffic lane — to the shoulder, a nearby parking lot, or the nearest safe area — rather than leaving vehicles blocking traffic. A second collision in the same spot is a real risk, especially on a freeway or at night. That said, safety comes first: if someone may have a spinal or neck injury, moving them (as opposed to moving a car) can make things worse. Don't move an injured person unless staying in place creates an immediate danger, like fire or oncoming traffic. Turn on hazard lights and use flares or triangles if you have them.

3. Know your duty to report the accident

California law imposes a real, timed obligation to report certain accidents, and skipping it can create problems later — both a possible citation and a gap in your own documentation. Under California Vehicle Code §20008, if the accident results in injury to or death of any person, the driver must submit a written report to the California Highway Patrol or the local police department within 24 hours. Separately, California law also expects a report where the crash caused more than roughly $1,000 in property damage, even with no injuries. In practice, if officers respond to the scene, they generate the official report for you (ask for the report number and the responding officer's name and badge number before they leave — see the documentation section below). If police don't respond — common for minor fender-benders — you may need to file the report yourself. This isn't just a technicality: the resulting report becomes one of the most important pieces of evidence in almost every claim that follows.

4. Exchange information — not opinions about fault

Exchange the basics with the other driver: full name, phone number, insurance company and policy number, driver's license number, and license plate. If the vehicle isn't owned by the driver (a company car, a rental, a borrowed car), get the owner's information too. What you should not do is get into a conversation about who caused the crash. "I'm so sorry, I didn't see you" or "I think I might have been going a little fast" said in the stress of the moment can be repeated back to you — by the other driver, a witness, or an insurance adjuster — long after you've had time to actually think through what happened. Stick to facts and contact information; leave fault to the police report and, later, the insurance investigation.

5. Document everything at the scene

Evidence at the scene of a car accident has a short shelf life — vehicles get towed, skid marks fade or get driven over, and witnesses who saw everything clearly in the moment become impossible to track down within days. If you're physically able, use your phone to photograph:

All vehicles involved — wide shots showing position and damage, plus close-ups of specific damage points.
The road and intersection — traffic signals, stop signs, lane markings, skid marks, debris field, and weather/lighting conditions.
Visible injuries, if any — bruising and swelling often look worse the next day, so a same-day photo plus a follow-up a day or two later is ideal.
Witness contact information — name and phone number for anyone who saw what happened and is willing to be reached later; a bystander who's gone before you think to ask is evidence you can never get back.
The responding officer's name, badge number, and the report or incident number — this is how you (or your attorney) later request the completed report.

6. Get medical care promptly, even if you feel fine

This is one of the most important steps and one of the most commonly skipped, usually because people genuinely feel okay in the first day or two. The problem is that several of the most common car accident injuries are delayed-onset by nature: whiplash and other soft-tissue neck injuries, concussions and other mild traumatic brain injuries, and internal bruising or swelling can all take 24 to 72 hours — sometimes longer — to produce noticeable symptoms. Waiting to see if something develops does two kinds of damage. First, it delays treatment for a real injury. Second, and separately, it creates a gap in your medical records that an insurance adjuster will seize on: if you didn't see a doctor until two weeks after the crash, they will argue the injury either wasn't serious or wasn't caused by the accident at all. Getting checked out promptly — urgent care, your own doctor, or an ER for anything serious — creates a medical record close to the incident date that ties your symptoms to the crash while the connection is still obvious.

7. Be careful what you say to insurance adjusters

Within a day or two, you'll likely hear from an insurance adjuster — sometimes the other driver's insurer, sometimes your own. Their questions can sound friendly and routine, but their job is to evaluate (and often minimize) the value of your claim, and a recorded statement given before you've seen a doctor or thought through what happened can be used against you later. A casual "I'm feeling okay" on day one can be replayed months later to argue you weren't really hurt. You are generally not required to give a recorded statement to the other driver's insurer, and you should be cautious even with your own — stick to basic facts (that a crash occurred, the date, location, and vehicles involved) and avoid speculating about fault, injuries, or accepting a quick settlement offer before you understand the full scope of your injuries and losses. If an adjuster pressures you to settle fast or sign something, that's a signal to slow down, not speed up.

8. Keep records of everything that follows

A car accident claim is ultimately proven with paper. Keep a simple folder (physical or digital) of everything connected to the crash as it comes in:

Medical bills and records — every visit, every provider, every bill and explanation of benefits, even ones your health insurance already paid.
Missed work — dates you missed, pay stubs showing lost wages, and any note from your employer or doctor about time off.
Vehicle repair estimates and invoices — get more than one estimate if you can, and keep the final invoice.
Out-of-pocket costs — rental car, rideshare to appointments, medication, assistive devices — anything you paid for because of the crash.
All correspondence — emails, letters, and notes from any calls with insurers, including the date, the name of who you spoke with, and what was said.

None of this needs to be fancy — a shoebox of receipts and a phone full of photos is a real record. The point is that nothing gets thrown away or forgotten before someone needs it.

9. Understand your deadline

California gives you time, but not unlimited time, to bring a claim, and the clock varies depending on who's involved. For most car accident injury claims, California Code of Civil Procedure §335.1 sets a general two-year statute of limitations running from the date of the accident — miss it, and you generally lose the right to sue, no matter how strong the case was. There's an important exception that catches people off guard: if a government vehicle (a city bus, a police cruiser, a public works truck) or a dangerous condition of public property was involved, California Government Code §911.2 requires a formal claim to be filed with the public entity within just six months of the incident — a small fraction of the normal two years. Because it's not always obvious at the scene whether a vehicle is government-owned or government-operated, treating any accident involving a public vehicle as time-sensitive from day one is the safer approach.

The deadline that surprises people

Most people assume they have "a couple of years" no matter what. That's true for an ordinary driver-vs-driver crash under CCP §335.1 — but if a government vehicle or public-property defect is involved, Gov. Code §911.2 can cut that window down to six months. If there's any chance a public entity was involved, don't wait to find out which deadline applies to you.

10. Know when to call an attorney

Not every fender-bender needs a lawyer — a minor scrape with no injuries and a cooperative insurer can sometimes be handled directly. But for anything beyond a very minor bump, it's worth talking to an attorney sooner rather than later, and specifically before you give a recorded statement or accept a settlement offer. The earlier an attorney is involved, the more evidence is still available — witnesses are easier to reach, footage hasn't been overwritten, and your medical treatment can be documented correctly from the start rather than reconstructed later. Ron Chini reviews car accident cases for free, explains what your situation actually looks like, and — if you decide to move forward — represents you directly. No fee unless we win.

Frequently asked questions

Do I really need to call the police for a minor fender-bender?

If there's any injury, or the damage looks like it could exceed roughly $1,000, California's reporting rules apply and it's worth having an official report on file. Even for smaller damage, an officer's report is often the single most useful piece of documentation if a dispute comes up later.

What if I already gave a recorded statement to my own insurance company?

It's not the end of your case. An earlier statement can be addressed and put in context — but from this point forward, avoid giving any further recorded statements or signing anything until you've talked to an attorney.

I feel fine — do I really need to see a doctor?

Feeling fine in the first day or two is common even with real injuries like whiplash or a concussion, because symptoms are often delayed. Getting checked out protects your health and creates the medical record that connects any later symptoms back to the crash.

What if the accident happened on a freeway and my car had to be towed before I could take photos?

Document what you can as soon as it's safe — the tow yard, remaining vehicle damage, and any photos bystanders or the responding officer may have taken. The CHP incident report, which is standard for freeway collisions, becomes especially important in this situation.

Is it okay to just text or email the other driver's insurance company instead of calling?

Written communication is often safer than a phone call, since there's no ambiguity about what was said — but the same caution applies: stick to basic facts, avoid discussing fault or the extent of your injuries, and don't accept an early settlement offer without understanding your full damages.

Sources

Ron Chini, Esq.

Personal Injury Attorney · CA State Bar No. 263308

Ron has practiced law from his Irvine office since 2009. You work directly with him — not a paralegal or a call center.

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