Auto accidents are stressful, unexpected, and often overwhelming. Knowing what steps to take immediately after an accident can not only help you stay safe but also protect your legal rights and ensure compliance with California’s car accident laws. This guide breaks down exactly what you should do after an accident in California, helping you stay on top of legal and insurance obligations while protecting your interests.
Steps to Take After a Auto Accident in California
Learn the 6 essential steps to take after an auto accident in California, including safety tips, legal requirements, and insurance guidance.
Immediately After the Accident
If you’re involved in a car accident in California, your safety and the safety of others should be your first priority. Here’s what to do immediately following the incident:
Ensure Safety and Check for Injuries
- Check Yourself and Others
First, assess yourself for any injuries, then check on your passengers, and finally, ensure the safety of anyone else involved. If anyone is injured, call 911 immediately to request medical assistance. Even minor injuries should not be ignored, as pain or symptoms can worsen over time. - Move to a Safe Location
If possible, move your vehicle to the side of the road to avoid blocking traffic. Turn on your hazard lights to signal other drivers. If moving the vehicle is not safe, remain inside with your seatbelt fastened until the authorities arrive.
Call the Authorities
Under California law, you must report an accident to the police or California Highway Patrol if it results in bodily injuries or significant property damage. Even if the accident seems minor, it’s a good idea to involve law enforcement to create an official report, which your insurance company or attorney might later require.
Exchange Information
According to California Vehicle Code Section 16025, drivers involved in an accident must exchange essential information, including:
- Full names and contact details
- Driver’s license numbers
- Vehicle registration information
- Insurance company names and policy numbers
If possible, collect this information calmly and politely. Avoid discussing fault or assigning blame during this conversation.
Document the Scene
Use your smartphone to gather as much information about the accident as possible:
- Take photos of all vehicles involved, showing damage from multiple angles.
- Capture the location of the accident, including street signs, traffic signals, and road conditions.
- Note the time, weather, and any hazards present.
- Collect contact information from witnesses who saw what happened.
Detailed documentation can be critical for proving your case in the event of future disputes with insurance companies or legal claims.
Filing a Report
California law requires you to report an accident to the Department of Motor Vehicles (DMV) if it causes injuries, death, or over $1,000 in property damage. You must file a “SR-1 Traffic Accident Report” within 10 days of the accident. Failing to report could result in a suspension of your driver’s license.
When to Notify Your Insurance Company
All California drivers are required to carry liability insurance. After an accident, you should notify your insurance provider as soon as possible, even if you’re not at fault. Share the details of the accident honestly, but avoid speculating about fault. Your insurance company will use the police report and other evidence to determine liability and claims.
What If the Other Driver is Uninsured?
If the other driver involved in the accident is uninsured, you may file a claim through your uninsured or underinsured motorist coverage if your policy includes it. This optional coverage is highly recommended and can help protect you financially when others lack adequate insurance.
Understanding California’s Fault Rules
California operates under a “pure comparative negligence” system, meaning that liability can be divided among drivers based on their level of fault in the accident. For instance, if you are found to be 20% at fault for an accident, you can still recover 80% of damages from the other party.
This system emphasizes the importance of gathering clear evidence and avoiding admitting fault immediately after an accident, even if it is out of politeness or guilt. An experienced attorney can help clarify liability and protect your legal rights.
Seeking Medical Attention
Even if you feel fine following an accident, seeking a medical evaluation is wise. Some injuries, such as whiplash or internal trauma, may not be immediately apparent. Medical records can also serve as critical evidence if you decide to pursue a personal injury claim later.
Keep Detailed Records
If you see a doctor or receive medical treatment, maintain detailed records of your injuries, diagnoses, and expenses. This can include:
- Medical bills
- Prescriptions
- Reports of physical therapy or rehabilitation
These records may be essential if you file an insurance claim or decide to pursue compensation for damages.
Protecting Your Rights
If you feel the accident occurred due to negligence, or if you’re struggling with insurance claims or liability disputes, consulting with a personal injury attorney may be a smart step. An attorney can:
- Help you understand your legal options
- Represent you in negotiations with insurance companies
- File legal claims for medical expenses, lost wages, or emotional distress
Choosing a car accident attorney experienced in California’s personal injury and accident laws will ensure you get the best possible guidance and support.
Key Takeaways and Next Steps
Auto accidents are never easy, but knowing your responsibilities and protecting your rights can make the process smoother. To recap:
- Stay calm and focused on safety.
- Ensure compliance with California’s laws by notifying the authorities and DMV if necessary.
- Gather evidence and document the scene thoroughly.
- Notify your insurance company promptly.
- Seek medical attention and keep detailed records.
- Speak to personal injury attorney if you encounter legal or insurance hurdles.
Accidents can leave you feeling unsure about the next steps, but preparation and knowledge are your best tools for navigating the situation effectively.
Learn about rights, insurance claims, fault determination, and next steps after an accident at our Car Accident FAQ.
