What to do after a car accident in California

Adrenaline hides a lot. Neck and back injuries in particular tend to announce themselves a day or two later, once the swelling sets in and you have slept on it.

There is also a claim reason, and it is worth being blunt about it. A gap between the crash and your first medical visit is the single most common thing an insurance adjuster uses to argue you were not really hurt. Two weeks of "I was waiting to see if it settled down" turns into "the records show no treatment until the 14th." Go the same day or the next day if you can, even if it is urgent care rather than an ER.

Then keep going. A treatment plan you stop following halfway is read the same way.

At the scene, if you are physically able: both vehicles from several angles, the wider intersection or stretch of road, skid marks, debris, traffic controls, the other car's plate, and any damage to property that is not a vehicle.

The one people skip is the wide shot. Close-ups of a crumpled bumper prove there was a crash. A wide photo showing where the vehicles ended up, which lane, how far past the limit line, is what actually helps when somebody later disputes how it happened.

Some things will still be there in six months. Some will not.

Nearby camera footage is the big one. Gas stations, shops, apartment entrances and doorbell cameras usually overwrite on a loop measured in days, sometimes as little as 72 hours. Nobody is preserving it for you, and once it is gone there is no recovering it. If you think a business had a view of the road, note the name and address while you are still there.

Witnesses fade in a different way. People do not forget that they saw a crash, but they stop being findable. A phone number written down at the scene is worth more than a detailed statement you try to collect a month later.

You will get a call, often within a day or two, from the other driver's insurer. They will be pleasant and they will ask how you are doing.

You do not have to give a recorded statement to the other side's insurance company. You also do not have to answer "how are you feeling" with "I'm fine," which is what almost everyone says out of reflex. It is entirely reasonable to say you are still being evaluated and will follow up in writing once you know more.

Be equally careful with anything you are asked to sign. A broad medical authorization can open your entire history rather than the treatment related to this crash. An early settlement check almost always comes attached to a release that closes the claim permanently, including for the surgery nobody has told you about yet.

Medical bills are the easy part because someone else generates the paperwork. The losses people fail to document are the ones with no invoice attached.

Missed shifts and used sick days. The overtime you turned down. The side work you could not take. If you are self-employed, the jobs you turned away. If you are a student, a dropped class or a delayed graduation is a real loss even though no paycheck stopped.

Then the things that are harder to put a number on but matter just as much: the sleep you are not getting, the hobby you have stopped, the help you now need around the house. A short note on your phone every few days is more convincing six months later than trying to reconstruct it from memory.

California uses comparative fault, which means responsibility can be divided rather than assigned entirely to one driver. Being found partly at fault does not end a claim; it reduces what you can recover by your share.

Worth knowing: the insurance adjuster's view of fault is not a legal ruling. It is one company's opinion, usually formed early and from limited information. It can and does change when better evidence turns up.

The general rule in California is two years from the date of injury to file a personal injury lawsuit. That sounds like plenty of time and it disappears quickly once treatment runs long.

The trap is claims involving a government entity, which can include a city vehicle, a public bus, or a dangerous road condition. Those can require a written claim in a matter of months, not years. If any part of your crash involves a public agency, check that deadline immediately rather than assuming the two-year rule protects you.

Not every crash needs a lawyer. If you were not hurt and the property damage is straightforward, you can usually handle it yourself.

It is worth a conversation when any of these are true: the injury needed more than one visit, you are losing income, fault is being disputed, more than two vehicles were involved, a commercial vehicle or rideshare was involved, or the insurer is pushing you toward a quick settlement. Most consultations cost nothing, and the early questions are cheap to ask and expensive to skip.