Every year, over 200,000 people are injured in car accidents across California. If you’ve just been in a crash — or want to be prepared — knowing the right steps to take can protect your health, preserve critical evidence, and dramatically increase the value of your insurance claim. This step-by-step guide from the car accident attorneys at Krash Lawyers walks you through exactly what to do, what California law requires, and the costly mistakes to avoid.
Step 1: Stop, Stay Calm, and Check for Injuries
California law (Vehicle Code § 20001) requires you to stop at the scene of any accident involving injury or property damage. Leaving the scene is a criminal offense — a hit-and-run — that can result in felony charges if anyone was injured.
Take a deep breath and check yourself for injuries. Adrenaline masks pain — many people don’t realize they have whiplash, concussions, or internal bleeding until hours later. Check on your passengers and anyone in the other vehicle. If anyone is hurt, do not attempt to move them unless they’re in immediate danger (fire, oncoming traffic).
Step 2: Call 911 Immediately
Call 911 even if the accident seems minor. Here’s why this matters for your legal claim:
- Police report = evidence. The responding officer documents the scene, interviews witnesses, and may issue a citation to the at-fault driver — all powerful evidence for your claim.
- California law requires it. Under Vehicle Code § 20008, you must report any accident causing injury or death to the California Highway Patrol (CHP) or local police within 24 hours.
- Insurance companies expect it. Claims without a police report are routinely undervalued or denied.
When speaking to the officer, stick to the facts: what happened, where, and when. Do not speculate about fault or say “I’m sorry” — even a casual apology can be used against you later.
Step 3: Move to Safety If Possible
If your vehicle is drivable and blocking traffic, California Vehicle Code § 20002(a) allows you to move it to the shoulder or a safe location. Turn on your hazard lights. If the car cannot be moved, stay inside with your seatbelt on until help arrives — standing on a highway is one of the most dangerous things you can do after a crash.
Step 4: Exchange Information with All Parties
California Vehicle Code § 16025 requires all drivers involved to exchange information. Collect the following from every driver:
- Full legal name, phone number, and address
- Driver’s license number and state
- Insurance company name and policy number
- Vehicle make, model, year, color, and license plate
- Location of the accident (cross streets, highway mile marker)
If the other driver refuses to share information or flees, write down their license plate and vehicle description immediately. Report the hit-and-run to police.
Step 5: Document the Accident Scene Thoroughly
Your smartphone is your most powerful tool at an accident scene. Thorough documentation wins cases. Photograph and video:
- All vehicle damage — every angle, close-ups and wide shots
- The full scene — road conditions, traffic signs, signals, lane markings
- Skid marks, debris, broken glass — these disappear within hours
- Traffic and weather conditions — note rain, fog, sun glare, time of day
- Your injuries — visible cuts, bruises, swelling (photograph these daily as they develop)
- The other driver’s license plate and insurance card — as backup to your written notes
Pro tip: Use your phone’s voice memo to narrate what happened while the memory is fresh. This recording can be invaluable weeks later when details fade.
Step 6: Get Witness Contact Information
Independent witnesses can make or break a disputed claim. If anyone saw the accident, ask for their name and phone number. Bystanders, other drivers who stopped, pedestrians, and nearby business employees may have seen what happened. Witnesses tend to disappear quickly — get their information before they leave the scene.
Step 7: Seek Medical Attention Within 24 Hours
This is the step most accident victims skip — and it’s the one that costs them the most money. Even if you “feel fine,” see a doctor within 24 hours. Here’s why:
- Delayed-onset injuries are common. Whiplash symptoms may not appear for 24–72 hours. Concussions can take days. Internal bleeding can be life-threatening and symptom-free initially.
- Medical records create a paper trail. Insurance companies look for “gaps in treatment.” If you wait a week to see a doctor, they’ll argue your injuries aren’t serious or weren’t caused by the accident.
- It protects your legal claim. A same-day or next-day medical visit directly connecting your injuries to the accident is one of the strongest pieces of evidence in a personal injury case.
Go to the emergency room, urgent care, or your primary care physician. Tell them you were in a car accident and describe all symptoms — even minor ones like headaches, neck stiffness, or dizziness. Follow every treatment recommendation and attend all follow-up appointments.
Step 8: File Your DMV Report (SR-1 Form)
Most people don’t know this requirement: California law (Vehicle Code § 16000) requires you to file a Report of Traffic Accident (Form SR-1) with the DMV within 10 days if the accident caused:
- More than $1,000 in property damage to any person’s property, OR
- Any injury (no matter how minor), OR
- Any death
This is separate from the police report. Failing to file the SR-1 can result in suspension of your driver’s license. You can file online through the California DMV website or by mailing the form.
Step 9: Notify Your Insurance Company
Report the accident to your own insurance company promptly. When you call, keep your statement factual and brief:
- Date, time, and location of the accident
- Other vehicles and drivers involved
- Police report number
- A brief description of what happened
Critical warning: Do NOT give a recorded statement to the other driver’s insurance company without speaking to an attorney first. Their adjusters are trained to get you to say things that minimize your claim. You have no legal obligation to speak with them.
Step 10: Do NOT Accept Early Settlement Offers
Insurance companies often make quick, low settlement offers within days of an accident — sometimes before you even know the full extent of your injuries. They do this because they know the offer is worth a fraction of your actual claim.
Once you sign a release and accept a settlement, you can never go back for more money — even if your injuries turn out to be far worse than expected. Spinal injuries, traumatic brain injuries, and chronic pain conditions often take weeks or months to fully diagnose. A $5,000 quick settlement could cost you $500,000 in the long run.
Step 11: Keep a Daily Recovery Journal
Starting the day of the accident, keep a written journal documenting:
- Pain levels (1–10 scale) for each body part affected
- Activities you can no longer do (work, exercise, household tasks, playing with kids)
- Emotional impact (anxiety driving, sleep problems, mood changes)
- All medical appointments and treatments
- Missed work days and lost wages
This journal becomes powerful evidence of your pain and suffering — a major component of your compensation that’s otherwise hard to prove.
California Car Accident Deadlines You Must Know
Missing a deadline can permanently destroy your right to compensation. Here are the critical California timelines:
- 24 hours: Report accidents involving injury/death to police (VC § 20008)
- 10 days: File SR-1 form with DMV for accidents with $1,000+ damage or any injury (VC § 16000)
- 6 months: File a government tort claim if a city, county, or state entity is involved (Government Code § 911.2)
- 2 years: Statute of limitations to file a personal injury lawsuit (CCP § 335.1)
- 3 years: Statute of limitations for property damage only claims (CCP § 338)
The 6-month government claim deadline catches many people off guard. If your accident involved a government vehicle, a dangerous road condition maintained by CalTrans or a city, or a public transit bus, you must file an administrative claim within 6 months — not 2 years.
What Compensation Can You Recover After a California Car Accident?
California is a “fault” state, meaning the driver who caused the accident (or their insurance) is responsible for your damages. Under California’s pure comparative negligence system (Civil Code § 1714), you can recover damages even if you were partially at fault — your award is simply reduced by your percentage of fault.
Compensation typically includes:
- Medical expenses: Emergency room, surgery, physical therapy, medication, future medical care
- Lost wages: Time missed from work, reduced earning capacity if you can’t return to your previous job
- Pain and suffering: Physical pain, emotional distress, anxiety, depression, PTSD
- Property damage: Vehicle repair or replacement, personal belongings
- Loss of enjoyment of life: Activities and hobbies you can no longer enjoy
In cases involving drunk driving, extreme recklessness, or intentional conduct, California courts may also award punitive damages to punish the at-fault driver.
Common Injuries After a Car Accident
Some injuries from car accidents are immediately obvious, while others develop over days or weeks. The most common include:
- Whiplash and neck injuries — the #1 car accident injury, caused by sudden head movement
- Concussions and traumatic brain injuries (TBI) — even “mild” concussions can cause lasting cognitive problems
- Back and spinal cord injuries — herniated discs, fractures, and in severe cases, paralysis
- Broken bones — ribs, wrists, arms, legs, and facial bones
- Internal bleeding — can be life-threatening and symptom-free for hours
- Soft tissue injuries — sprains, strains, and tears that may not show up on X-rays
- PTSD and emotional trauma — anxiety, flashbacks, fear of driving, depression
If you’re experiencing any of these symptoms after a car accident, seek medical attention immediately and contact a personal injury attorney to protect your right to compensation.
What NOT to Do After a Car Accident in California
Avoid these common mistakes that can hurt or destroy your claim:
- Don’t say “I’m sorry” or admit fault. Even a casual apology can be used as an admission of liability. Stick to facts only.
- Don’t post about the accident on social media. Insurance adjusters actively search your Facebook, Instagram, and TikTok for posts that contradict your injury claims. A photo of you smiling at a family event can be used to argue you’re not really hurt.
- Don’t give a recorded statement to the other driver’s insurance. You’re not legally required to, and it will be used against you.
- Don’t skip doctor visits or stop treatment early. Gaps in medical treatment signal to insurers that your injuries aren’t serious.
- Don’t sign anything from the insurance company without a lawyer reviewing it. Releases, medical authorizations, and settlement offers can waive your rights permanently.
- Don’t wait to contact an attorney. Evidence disappears, witnesses forget, and deadlines pass. The sooner you call, the stronger your case.
When Should You Hire a Car Accident Attorney?
Not every fender-bender requires a lawyer. But you should absolutely consult a California car accident attorney if any of the following apply:
- You were injured (even if injuries seem minor at first)
- The other driver was uninsured or underinsured
- Fault is disputed or unclear
- The insurance company is delaying, lowballing, or denying your claim
- You missed work due to your injuries
- A commercial truck, rideshare vehicle (Uber/Lyft), or government vehicle was involved
- There were multiple vehicles or parties involved
- A loved one was killed (wrongful death claim)
At Krash Lawyers, we handle car accident cases on a contingency fee basis — you pay nothing unless we win. Our attorneys serve clients throughout Ventura, Oxnard, Thousand Oaks, Los Angeles, and all of California.
Your California Car Accident Checklist
Save or screenshot this checklist to keep in your glove compartment:
- Stop and check for injuries
- Call 911
- Move to safety if possible
- Exchange information with all drivers
- Photograph everything — vehicles, scene, injuries
- Get witness names and phone numbers
- See a doctor within 24 hours
- File SR-1 with California DMV within 10 days
- Notify your insurance company (facts only)
- Do NOT give a recorded statement to the other driver’s insurer
- Do NOT accept any settlement offer without a lawyer
- Start a daily recovery journal
- Call Krash Lawyers for a free case review: (805) 579-3212
Injured in a Car Accident? Call Krash Lawyers Now.
The minutes and hours after a car accident determine the trajectory of your entire case. If you or a loved one has been injured in a car accident anywhere in California, the experienced car accident attorneys at Krash Lawyers are ready to fight for the compensation you deserve.
Free consultation. No fees unless we win. Call (805) 579-3212 or request a free case review online.