Free Guide

After an Accident in California: A Step-by-Step Guide

What to do in the first hours and weeks after a crash or injury, in plain language. Orange County: (949) 989-2511 路 Riverside / Inland Empire: (951) 583-1900 路 Text: (949) 776-8964

5 Steps Right After a Crash

  1. Get safe and call 911. Move out of traffic if you can, turn on hazard lights, and ask for police and medical help.
  2. Get checked by a doctor the same day, even if you feel okay. Head, neck and back injuries often show up later.
  3. Exchange information: the other driver’s name, license, plate and insurance, and witness names and phone numbers. California Vehicle Code 16025 requires drivers in an injury crash to exchange this information.
  4. Take photos of the vehicles, the scene, traffic signals, skid marks and your injuries, and note the nearest cross street or freeway exit. Save dashcam clips.
  5. Don’t give a recorded statement to the other driver’s insurer, and don’t sign anything, before getting advice.

Under Vehicle Code 16000, a crash with injury, death, or more than $1,000 in property damage must also be reported to the DMV within 10 days on form SR-1.

What to Bring to Your Free Consultation

Photos and video of the scene, vehicles and injuries.
The report number from the police, sheriff or CHP.
Insurance cards yours and the other driver’s.
Medical records and bills including the ambulance bill and discharge papers.
Proof of lost pay such as pay stubs or a note from your employer.
A short timeline of what happened, written while you remember it.

Don’t have everything? Call anyway. We can help you get the report and records.

Insurance and Shared Fault

California uses pure comparative fault: if you were partly at fault, you can usually still recover, but the amount is reduced by your share. Possible sources of payment include:

  • The at-fault driver’s liability insurance. California’s minimum limits are $30,000 per person and $60,000 per accident for injuries (for policies issued or renewed from January 1, 2025).
  • Your own uninsured/underinsured motorist (UM/UIM) coverage, if the other driver had no insurance, too little, or fled.
  • Medical payments (MedPay) coverage on your policy, regardless of fault.
  • Commercial, employer, or Uber/Lyft policies when a work vehicle or rideshare driver was involved.

Gaps in Treatment

Follow your doctor’s plan and keep your appointments. Insurers often argue that a long gap between the crash and treatment, or between visits, means the injury wasn’t serious or was caused by something else. If you can’t afford care or can’t get time off, tell us early; there may be options.

Immigration Status

In California, your immigration status generally does not prevent you from bringing a personal injury claim. California law (Civil Code 3339) says immigration status is irrelevant to liability in personal injury cases, and it limits inquiry into it. Our office staff speaks Spanish and Farsi.

Deadlines

  • Two years to file most injury lawsuits (Code of Civil Procedure 335.1).
  • Six months to file a written claim against a city, county, Caltrans or other public agency (Government Code 911.2).

Frequently Asked Questions

Should I see a doctor if I feel fine?

Yes. Some injuries, like concussions and soft-tissue injuries, show symptoms hours or days later, and early records help connect the injury to the crash.

Can I still recover if I was partly at fault?

Usually yes. Under California’s pure comparative fault rule, your recovery is reduced by your share of fault, not barred.

What if the other driver has no insurance?

Your own uninsured motorist coverage may pay, if you have it. Check your policy and tell your insurer promptly.

Does my immigration status matter?

Generally no. California Civil Code 3339 makes immigration status irrelevant to liability in personal injury cases.

How much does a consultation cost?

Nothing. It’s free and available 24/7. We work on contingency, so you pay no attorney fees unless we recover money for you.

Talk to Us About Your Accident

Free consultation 路 24/7 路 Hablamos espa帽ol

See all Tafreshi Law Group locations.

Attorney Advertising. This guide is general information about California law, not legal advice. Every case is different, and prior results do not guarantee a similar outcome.

Sources

  1. Vehicle Code 16025
  2. California DMV, Accident Reporting (SR-1)
  3. California Department of Insurance, Auto Insurance Guide
  4. Civil Code 3339
  5. Code of Civil Procedure 335.1
  6. Government Code 911.2