A car accident can turn your life upside down in seconds. It’s normal to feel overwhelmed. You may have no idea what to do right after an accident. But the steps you take after an accident matter a lot. They can affect your health, your insurance claim, and your legal rights.
Many people end up making common mistakes that cost them thousands of dollars. Making the wrong move could leave you unable to recover damages for your injuries.
At Malibu Injury Lawyer, we have helped countless California accident victims get their lives back on track. Whether you have been in a minor crash or a serious one, these seven steps will help protect your rights under California law.
Ensure Safety and Call 911 After a Car Accident
Your safety must be your priority. Right after an accident, check yourself and any other passengers in the vehicle for injuries. If anyone is hurt, call 911 immediately. Even if injuries seem minor, it’s better to be safe than sorry.
If possible, move your car to the side of the road. This helps prevent another accident from happening. Turn on your hazard lights so other drivers can see you. If your car won’t move or if someone is badly hurt, stay where you are and wait for help.
Don’t rush to leave the scene of an accident. California law requires you to stay at the scene. Leaving can result in serious legal trouble, even if the accident wasn’t your fault.
The police will come to the scene and create an accident report. This report is important for insurance claims, as insurers may use it to see what happened.
Document the Car Accident Scene in California
If you don’t have any serious injuries, take photos and videos of everything. Use your phone to capture pictures of all vehicles involved, any damage to the cars, skid marks on the road, and traffic signs. Also, photograph any visible injuries you have.
If there are witnesses nearby, get their names and phone numbers. Their statements can help prove what happened.
Writing down details while they’re fresh in your mind can be helpful. Note the time, date, weather conditions, and what you remember about how the accident happened. These details can fade from memory quickly.
Exchange Information with Other Drivers
You need to get the other driver’s full name, phone number, address, license plate number, and insurance company information. Please give them your information too.
Don’t get in a fight or try to prove fault. Be polite and keep your conversation brief. Please do not say “I’m sorry” or admit the accident was your fault. Even if you think you caused it, let the insurance companies and police figure out who is responsible.
If the other driver doesn’t have insurance, don’t worry, you can still get compensation through uninsured motorist coverage. Write down as much information as you can about the other driver.
Report the Accident to Your Insurance Company
Call your insurance company as soon as possible. While California law doesn’t require you to report the accident to your insurer, your insurance policy most likely does. If you don’t report it quickly, your insurance company might deny your claim.
When you call, just tell them the information you’re sure about. Tell them what happened without guessing or making assumptions about who caused the accident. Your insurance company will start an investigation and help you understand your coverage.
Keep copies of all paperwork related to the accident. This includes the police report, medical bills, repair estimates, and anything else. This will allow your lawyer to build a strong case for you and negotiate with insurers.
Seek Medical Attention After a Car Accident
Make sure to see a doctor even if you feel fine. Some injuries don’t show symptoms right away. Back injuries, head injuries, and internal problems can take hours or days to appear.
Going to a doctor quickly also creates a medical record that shows that your injuries were caused by the accident. Insurance companies often question injuries that aren’t documented right away. Don’t give these companies a chance to say the injuries aren’t related to the accident.
It is important to follow your doctor’s treatment plan. Go to all your appointments and take medications as directed. If you miss any appointments or checkups, the insurance company might claim your injuries weren’t serious.
You’ll need medical bills and records, as you’ll need these when making an insurance claim.
Understand California Car Accident Laws
California law requires you to report certain accidents to the Department of Motor Vehicles. If anyone was injured or killed, or if property damage is more than $1,000, you must file a report within 10 days. You use a form called the SR-1, which you can fill out online on the DMV website.
If the accident caused injury or death, you also need to report it to the police or the California Highway Patrol promptly.
In California, you typically have two years from the date of the accident to file a lawsuit for personal injuries. For property damage only, you have three years. Missing these deadlines means you lose your right to seek payment through the courts. It is always better to file a claim earlier, as accident cases are fast-moving and evidence vanishes.
California uses something called pure comparative negligence. This means even if you were partly at fault for the accident, you can still recover money for your damages. Your percentage of fault will reduce your payment.
When to Hire a Car Accident Lawyer in California
Not every accident requires you to hire a lawyer. Small crashes with no injuries and minimal damage can usually be handled directly with insurance companies.
However, you should contact an expert car accident lawyer if your injuries are serious or if the accident caused permanent damage. Also, look for a lawyer if the insurance company denies your claim or offers too little money, or if the other driver has no insurance.
Malibu Injury Lawyer has decades of experience helping California accident victims get the compensation they deserve. We handle negotiations with insurance companies, gather evidence to strengthen your case, and fight for your rights in court if necessary.
Most car accident lawyers, including us, work on contingency, which means you don’t pay us unless we win your case. This makes legal help available to everyone, regardless of their financial situation.
Common Mistakes to Avoid After a Car Accident
Many people make mistakes after accidents that hurt their claims later. Here are the most common ones to avoid:
- Don’t leave the scene before the police arrive.
- Avoid talking to the insurance companies without consulting a lawyer, but if you do, don’t apologize or say that the accident was your fault. Insurance companies can use these statements against you later.
- Please don’t accept the first settlement offer without reviewing it carefully. Insurance companies often make low initial offers, hoping you’ll accept quickly. But in most cases, you can increase compensation significantly, especially with an experienced lawyer.
- Don’t wait too long to take action. The longer you wait, the harder it becomes to gather evidence and remember details.
- Medical problems that aren’t treated right away are also harder to link to the accident.
Get the Help You Need After Your California Car Accident
Being in a car accident is stressful and overwhelming. Before you know it, you’re flooded with medical bills, and you’re missing work. It’s a lot to handle alone.
You don’t have to figure it out by yourself. Malibu Injury Lawyer understands what you’re going through and can help you through every step of the process. Our team knows the tactics insurers use and how to deal with them.
Contact us today for a free consultation. Let us fight for the compensation you deserve while you focus on your recovery.
Frequently Asked Questions
Do I need to call the police for a minor accident?
Yes, if anyone is injured or property damage exceeds $1,000, you must report it. Even for minor accidents, having a police report helps with insurance claims.
How long do I have to file a claim after a car accident in California?
You have two years to file a personal injury lawsuit and three years for property damage claims.
What if the other driver doesn’t have insurance?
You can file a claim under your own uninsured motorist coverage if you have it.
Should I accept the insurance company’s first offer?
Usually not. First offers are lower than what your claim is actually worth. Talking to a lawyer before accepting is a smart decision.
