Most people never expect to be involved in a car accident until it happens. In the moments after a crash, it’s normal to feel overwhelmed, shaken, or unsure of what to do next. The steps you take immediately after a collision, and in the days and weeks that follow, can significantly impact your health, your insurance claim, and your ability to recover compensation.

If you’ve been injured in a negligence-related accident in California, here’s what you need to know.

Immediate Steps to Take at the Scene of an Accident

Your safety comes first. Once you’ve ensured you’re not in immediate danger, take the following steps:

1. Move to safety. If possible, move your vehicle out of traffic to prevent further collisions. If you can’t move your car, turn on its hazards lights and move yourself to a safe location.
2. Call 911. Report the accident and request medical assistance if anyone is injured. Even in minor accidents, having law enforcement respond helps create an official report.
3. Exchange information. In communicating with the other driver, avoid apologizing or making statements that could be interpreted as an admission of fault. Collecting information at the scene of the accident is an important step after a crash. Specifically, you should note the other driver’s:
   • Name and contact information
   • Driver’s license number
   • License plate number
   • Insurance company and policy number
4. Document the scene. Evidence can make or break a claim. If there are witnesses, get their contact information. Take photos of:
   • Vehicle damage (all angles)
   • The accident scene
   • Traffic signals or signs
   • Skid marks or debris
   • Visible injuries
5. Seek medical attention. If serious injury prevents you from handling the steps listed above, ask someone else to handle them for you while you seek medical treatment. Even if you feel “fine,” see a doctor as soon as possible. Some injuries, like whiplash, concussions, or internal trauma, may not show symptoms immediately. Medical documentation is critical for both your recovery and your legal claim.​

What to Do If the Person Who Hit You Left the Scene

Hit-and-run accidents are unfortunately common in California. If the other driver leaves the accident scene:

• Call 911 immediately.
• Provide any details you remember (vehicle color, make, model, partial license plate).
• Look for witnesses or nearby surveillance cameras.
• Notify your insurance company promptly.

In many cases, uninsured motorist (UM) coverage may apply. An experienced California car accident lawyer can help determine your options.

Steps to Take in the Days and Weeks Following a Crash

The aftermath of an accident doesn’t end at the scene. After a collision, don’t forget to complete the following steps:

1. Continue medical treatment. Follow all medical advice and attend follow-up appointments. Treatment gaps can harm your claim.
2. Notify your insurance company. Report the accident promptly, but stick to the facts. Avoid providing recorded statements until you understand your rights.
3. Keep documentation. Maintain copies of:
   • Medical bills
   • Repair estimates
   • Prescription receipts
   • Missed work documentation
   • Communication with insurers

By taking these steps after a collision, you will strengthen your car accident case and increase your chances of receiving maximum compensation for your injuries, car repairs, pain and suffering, and more.

Legally, When Do You Need to Report an Accident in California?

Under California law, you must report a crash to the DMV within 10 days if:

• Anyone was injured (no matter how minor), or
• Property damage exceeds $1,000

You may also need to file an SR-1 report with the California DMV. Failing to report when required can result in license suspension.

How to Get an Accident Report in California

If law enforcement responded to the accident scene, a crash report was likely created. For accidents investigated by the California Highway Patrol (CHP), you can request a copy through the CHP’s records division. Local police departments have similar request processes. An accident report can be critical evidence when filing an insurance claim or lawsuit.

How Fault Is Determined in a California Car Accident

Fault is determined based on:

• Police reports
• Witness statements
• Photographs and video
• Traffic violations
• Vehicle damage patterns
• Expert accident reconstruction (in complex cases)

California follows a pure comparative negligence rule, meaning you can recover compensation even if you are partially at fault, but your percentage of fault will reduce your compensation.

Common Symptoms After a Crash: What to Look Out For

Not all injuries are immediately obvious. Watch for:

• Neck pain or stiffness (whiplash)
• Headaches or dizziness
• Back pain
• Numbness or tingling
• Abdominal pain
• Confusion or memory issues
• Sleep disturbances

If symptoms develop days later, seek medical attention immediately.

About the Car Insurance Claim Process in California

California is an at-fault state, meaning the driver responsible for the accident is financially liable.

The claims process typically includes:

1. Reporting the accident
2. Investigation by insurance adjusters
3. Vehicle inspection and repair estimates
4. Medical documentation review
5. Settlement negotiations

Insurance companies often aim to minimize payouts, and early settlement offers may not reflect the full value of your damages. It is important to make sure all of your losses, including economic losses such as medical bills and lost wages as well as non-economic losses such as pain and suffering, are properly documented and accounted for. Consulting with a personal injury lawyer can help ensure nothing is overlooked and that you receive fair compensation for the full extent of your damages.

How to File a Car Accident Lawsuit in California

If a fair settlement cannot be reached through the insurance process, you may have the option to file a personal injury lawsuit. The basic process includes:

1. Filing a complaint in civil court
2. Serving the defendant
3. Discovery (evidence exchange)
4. Settlement negotiations
5. Trial (if necessary)

Most cases settle before trial, but preparation is key.

Time Limits for Filing an Accident Claim in California

It is also important to be aware of the deadlines for filing claims. California’s statute of limitations for most car accident injury claims is:

• Two years from the date of injury
• Three years for property damage

If a government entity is involved, you may have as little as six months to file a claim. Missing these deadlines can permanently prevent you from recovering compensation, so acting promptly is critical.

Do You Need to Hire a Car Accident Lawyer?

Hiring a personal injury lawyer is not legally required. However, it is often wise if:

• You suffered significant injuries
• Fault is disputed
• Multiple parties are involved
• The insurance company denies your claim
• You are offered a low settlement
• A government entity is involved

An experienced California car accident attorney understands California personal injury law and can protect you from common insurance tactics.

How Much Does Insurance Increase After an Accident?

The amount your insurance premium may increase after a car accident depends on various factors, including:

• Whether you were at fault
• Your driving history
• The severity of the accident
• Your insurer’s policies

Not every accident results in a rate hike, particularly if you were not responsible for the crash.

Contact a San Jose Car Accident Lawyer at Caputo & Van Der Walde Today

Car accidents can create physical pain, financial stress, and uncertainty about the future. You don’t have to navigate the process alone.

If you’ve been hurt because of someone else’s negligence, you have rights, and we’re here to protect them. At Caputo & Van Der Walde, we have decades of experience helping injured clients throughout San Jose and the Bay Area pursue the compensation they deserve. We can:

• Investigate your accident
• Handle insurance negotiations
• Determine fault
• Protect you from unfair insurance settlement tactics
• File a lawsuit if necessary

Contact us today to speak with a personal injury lawyer by submitting an online form or calling our office at (408) 733-0100 for a free legal consultation.