At the scene
Call 911 and get a report. California requires you to stop and exchange information after any injury accident. A police report isn't required for every crash, but having one makes your claim substantially easier. If officers don't respond, you can file your own report.
Photograph more than you think you need. Both vehicles from multiple angles, including undamaged sides. License plates. The intersection or roadway. Skid marks. Traffic signals and signage. Debris. Weather and lighting. Your visible injuries. Photograph the other driver's license, registration, and insurance card rather than copying the numbers by hand.
Get witness contact information. This is the single most commonly skipped step and the one people regret most. A neutral witness who saw the light color can decide an entire case. Get a name and a phone number — nothing more is needed.
Say as little as possible about fault. Describe what happened factually to the officer. Do not apologize, speculate about what you might have done differently, or guess at speeds. "I'm sorry" is routinely offered up later as an admission.
Report the crash if required. California requires a report to the DMV (form SR-1) within 10 days of any accident involving injury, death, or property damage over $1,000. This is separate from the police report and separate from your insurance claim.
In the first 72 hours
See a doctor. This is the most important thing on this page. Adrenaline masks injury, and soft tissue damage and concussions routinely surface days later. Beyond your health, a gap between the crash and your first treatment is the first thing a defense adjuster will point to, and they will argue the gap means something else caused your injuries.
Tell the doctor about every symptom. Not just the worst one. If your neck hurts and your knee aches and you've had headaches, all three go in the chart. Injuries that don't appear in early records are treated with suspicion later.
Notify your own insurer. Your policy requires prompt notice. Report the fact of the accident. You are not required to give a detailed recorded statement on that first call.
Start a folder. Every bill, every receipt, every appointment, every day of work missed. Photographs of bruising as it develops. A short daily note about pain and what you couldn't do. This becomes the backbone of a damages claim, and reconstructing it months later is nearly impossible.
What not to do
Don't give the other driver's insurer a recorded statement. Their adjuster will call quickly, sound helpful, and ask questions designed to lock in answers before you know the extent of your injuries. You are not obligated to give them a recorded statement. You are obligated to cooperate with your own insurer, which is a different thing.
Don't sign a medical authorization from the other side. Broad authorizations let an insurer pull your entire medical history looking for a preexisting condition to blame.
Don't accept a quick settlement. Early offers arrive before anyone knows what treatment you'll need. Once you sign a release, the claim is over, even if you need surgery three months later.
Don't post about it. Defense investigators check social media as a matter of routine. A photograph of you smiling at a birthday party becomes an exhibit arguing you weren't really hurt.
Don't wait. Evidence disappears. Vehicles get repaired, surveillance footage gets overwritten on a 30-day loop, witnesses move and forget.
Deadlines
Most California personal injury claims must be filed within two years of the injury. If a government entity is involved — a city bus, a county vehicle, a dangerous condition on a public road — you generally have only six months to file an administrative claim before you lose the right to sue at all.
COMMON QUESTIONS
Not always, but you should. California requires you to stop and exchange information, and you must report to the DMV within 10 days if anyone was injured or property damage exceeds $1,000. A police report also creates a contemporaneous record that's hard to dispute later.
WHAT WE GO AFTER
- Get checked by a doctor even if you feel fine. Adjusters treat delays as proof you weren't hurt.
- Photograph everything at the scene. You won't be able to recreate it later.
- Don't give the other driver's insurer a recorded statement before talking to a lawyer.
- You generally have two years to file — but as little as six months if a government vehicle was involved.
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