What to Do in Case of a Car Accident in California

After a car accident in California, you should stop your vehicle, check for injuries, call 911, document the scene, exchange information with the other driver, and avoid admitting fault. These steps protect your physical safety and your legal rights. Failing to stop after an accident is a criminal offense under California Vehicle Code Section 20001. Attorney Damoun Yazdi at The Accident Network Law Group recommends talking to an attorney first. Do this before giving any recorded statements to insurance companies.

Key Takeaways

• California law requires you to stop, exchange information, and report accidents involving injury, death, or property damage over $1,000
• Call 911 immediately if anyone is injured; the police report becomes critical evidence in your claim
• Document the scene with photos and collect witness contact information before leaving
• Do not admit fault or apologize at the scene; California’s comparative negligence system means fault is determined by evidence, not statements
• You have two years to file a personal injury claim (CCP Section 335.1), but gathering evidence immediately gives your case the strongest foundation

Step 1: Stop Your Vehicle Safely

California Vehicle Code Section 20001 requires every driver involved in an accident to stop at the scene. Leaving the scene of an accident involving injury or death is a felony hit-and-run offense. Even in property-damage-only accidents, CVC Section 20002 requires you to stop and exchange information.

Pull your vehicle to the shoulder or as close to the accident location as possible without blocking traffic. Turn on your hazard lights. If your vehicle cannot be moved, stay inside with your seat belt fastened until help arrives, especially on highways and freeways where passing traffic poses a danger.

Step 2: Check for Injuries and Call 911

Check yourself and your passengers for injuries. If anyone is injured, call 911 immediately. Even if injuries seem minor, requesting emergency medical response creates an official record and ensures that any internal injuries or delayed-onset symptoms are identified early.

California’s Good Samaritan law (Health and Safety Code Section 1799.102) protects individuals who provide reasonable emergency care at the scene, in good faith and without compensation, from civil liability. If you are trained in first aid, you may assist injured persons. If not, do not attempt to move anyone who may have a spinal injury.

The 911 call also dispatches law enforcement. A police report documenting the accident is one of the most valuable pieces of evidence in a personal injury claim. The responding officer will note road conditions, weather, traffic signal status, witness accounts, and any traffic violations observed.

Step 3: Document the Accident Scene

While waiting for police, document everything you can.

Photographs: Take photos of all vehicles involved from multiple angles, showing the damage, the positions of the vehicles, license plates, road conditions, traffic signs, skid marks, debris, and any visible injuries. If weather or lighting conditions contributed to the accident, photograph those as well.

Video: A short video walking around the scene can capture details that photos miss, including traffic flow, the intersection layout, and the overall accident environment.

Witness information: Get the names, phone numbers, and email addresses of anyone who witnessed the accident. Independent witnesses who have no connection to either driver provide the most credible testimony.

Your own notes: As soon as possible, write down your recollection of what happened, including the time, direction of travel, speed, what you observed the other driver doing, and any statements made at the scene.

Step 4: Exchange Information With the Other Driver

California law requires drivers involved in an accident to exchange the following information: name and address, driver’s license number, vehicle registration and license plate number, and insurance company name and policy number.

Be polite but factual. Share the required information without discussing fault, offering opinions about what happened, or apologizing. Even a casual “I’m sorry” can be interpreted as an admission of responsibility and used against you by the other driver’s insurance company.

If the other driver refuses to provide information, document their license plate and vehicle description and provide this to the responding officer.

Step 5: Do Not Admit Fault

This step is critical. Do not say anything that could be construed as accepting responsibility for the accident. Do not say “I didn’t see you,” “I should have been paying more attention,” or “It was my fault.”

California follows a pure comparative negligence standard (Li v. Yellow Cab Co., 1975). Fault is determined through investigation, evidence analysis, and sometimes litigation. Statements made at the scene can be taken out of context and used to assign you a higher percentage of fault, which directly reduces your compensation.

If the other driver, a witness, or a police officer asks what happened, provide a factual account without speculation. “The light was green when I entered the intersection” is factual. “I think I might have been going too fast” is an admission that will hurt your claim.

Step 6: File Required Reports

California Vehicle Code Section 16000 requires you to file an SR-1 report with the DMV within 10 days if the accident resulted in injury, death, or property damage exceeding $1,000. Failure to file this report can result in suspension of your driver’s license.

For accidents on city streets, the local police department handles the report. For accidents on highways or unincorporated areas, the California Highway Patrol (CHP) files the report. You can request a copy of the police report for your records, which is essential for your insurance claim and any legal action.

Step 7: Seek Medical Attention

Even if you feel fine after the accident, see a doctor within 24 to 48 hours. Many car accident injuries, including concussions, herniated discs, internal bleeding, and whiplash, have delayed symptoms that may not appear for hours or days.

From a legal perspective, a gap between the accident and your first medical visit gives the insurance company ammunition to argue that your injuries were not caused by the accident or are not serious. Continuous medical documentation from the day of the accident forward creates the strongest evidentiary foundation for your claim.

Follow your doctor’s treatment plan. Attend all appointments. Keep records of every visit, prescription, and therapy session. If you are referred to a specialist, follow through.

Step 8: Notify Your Insurance Company

Report the accident to your own insurance company promptly. Most policies require timely notification. Provide factual information about the accident but do not give a recorded statement to any insurance company, yours or the other driver’s, without first consulting an attorney.

Insurance adjusters are trained to minimize claim value. Questions framed as routine, such as “How are you feeling today?” or “Can you describe what happened in your own words?” are designed to elicit statements that can be used to reduce your payout.

Step 9: Contact a Personal Injury Attorney

Consulting an attorney early gives you the best chance of a strong outcome. An attorney can preserve evidence that might otherwise be lost (surveillance footage, electronic data), handle all communication with insurance companies, ensure you do not miss critical deadlines, and evaluate the full value of your claim before you accept any settlement offer.

Attorney Damoun Yazdi at The Accident Network Law Group began his career as a paralegal at a personal injury firm, where he saw firsthand how insurance companies handle claims from unrepresented victims versus represented ones. His experience as a former law clerk at the Los Angeles County District Attorney’s Office gave him the litigation skills needed to take cases to trial when insurance companies refuse to negotiate fairly.

California Laws That Protect Accident Victims

California Code of Civil Procedure Section 335.1 gives you two years from the date of injury to file a personal injury claim. For claims against government entities, Government Code Section 911.2 requires a tort claim within six months.

California Civil Code Section 1714 establishes the duty of care that all drivers owe to others on the road. Breaching this duty through negligence creates liability for resulting injuries.

California Vehicle Code Section 16056 (amended by SB 1107, effective January 1, 2025) requires minimum auto insurance of $30,000/$60,000/$15,000. If the at-fault driver’s insurance is insufficient to cover your damages, your attorney will investigate underinsured motorist coverage and other available sources.

Contact The Accident Network Law Group After Your Car Accident

Working through nine steps while you are hurt, shaken, or dealing with a damaged vehicle is a lot to manage alone. Attorney Damoun Yazdi at The Accident Network Law Group can pick up wherever you are in this process, from requesting the police report and preserving surveillance footage to handling every conversation with the insurance adjuster on your behalf. Consultations are always free, and we represent clients on a contingency basis under our No Recovery, No Fee policy, so you pay nothing unless we win.