5 Steps to Take After a Car Accident in California to Protect Your Rights

Car accidents in California can turn your life upside down in a flash. What you do in the moments, hours, and days afterward can have a huge impact on your ability to recover physically and financially. This article outlines the five key steps you need to take after a car accident to protect your legal rights. From gathering evidence to understanding California’s laws, we’ll walk you through everything you need to know. Need legal help? Contact California Attorney Group at (310) 278-6666 for a free consultation.

Person in a white shirt holding a pen and reviewing documents on a desk.A heavily damaged car sits in the middle of a busy California street following a severe accident, with debris scattered around and traffic lights in the background.
PUBLISHED ON
October 11, 2024
CATEGORY
Auto Accidents
READ TIME
5 min

It’s a scene we’ve all feared: one minute, you're driving through Los Angeles, the palm trees flying by, the sun sinking into the Pacific. The next? Chaos. Metal on metal. The crunch of your car folding under the weight of impact. Everything slows down. Adrenaline kicks in. In these moments, it’s hard to know what to do next. But here's the thing: what you do in the aftermath of a car accident can determine your physical recovery, your financial future, and your legal rights. You have one shot to get it right.

So, what should you do? You need more than instinct to protect yourself legally. Here’s how to make every move count.

Step 1: Stay Put, Stay Calm, Stay Legal

Your first instinct might be to flee—especially if you’re shaken or scared. But don’t. In California, leaving the scene of an accident can land you in serious legal hot water. Under California Vehicle Code Section 20002, you’re required by law to remain at the scene, even if the accident seems minor. Leaving could escalate a fender-bender into a criminal hit-and-run charge. So take a breath. You’re better off staying put.

But being calm doesn’t mean being passive. You need to get out of your car (if it’s safe) and make sure everyone else is okay. Move to safety if you’re in a dangerous spot. But here’s the key—document everything. The road, the cars, the damages. Your phone is your best weapon right now. Snap pictures of the accident scene, the positions of the vehicles, skid marks, traffic signals, and anything else that could come into play later. Details matter.

Step 2: Call the Authorities, Always

Even if you think it’s just a minor crash, call the police. A police report is essential to protecting your legal rights. The responding officer will create an official document of what happened, which can be crucial if the accident turns into a he-said-she-said legal battle. And don’t forget, you’re legally required to report any accident that involves injury, death, or property damage exceeding $1,000 under California Vehicle Code Section 20008.

This report becomes part of the case file, and insurance companies are going to look at it closely when determining who’s at fault. An official police record can help establish fault, and more importantly, it protects you if the other driver later decides to twist the story.

Step 3: Seek Medical Attention—Even if You Feel Fine

In the chaos following a crash, it’s easy to brush off your injuries. You might think, “It’s just a bruise,” or “I’m fine, I don’t need a doctor.” Wrong. Some injuries, like whiplash or internal damage, might not show up immediately. Adrenaline can mask symptoms, and some problems only appear days or weeks later. Under California law, you’re entitled to compensation for all your medical expenses related to the accident, but you need proof.

That’s where the doctor comes in. By seeking medical attention right away, you’re not only taking care of your health—you’re creating a medical record that links your injuries to the accident. And don’t think for a second that the insurance companies won’t pounce if you delay treatment. They’ll argue that your injuries aren’t as serious as you claim. Getting checked out early shuts down that argument before it even starts.

Step 4: Don’t Trust Insurance Companies—Not Yet

Picture this: You get home from the hospital, and your phone rings. It’s the other driver’s insurance company. They’re so sorry for what happened, and they want to help. They even have a settlement offer ready for you. It sounds good, right? Think again.

Insurance companies have one goal: pay you as little as possible. Their friendly voice is a tactic to make you settle quickly, and cheaply. They know that the sooner you settle, the less you’ll realize the full extent of your injuries. They’ll give you a lowball offer in hopes that you’ll take it, sign the papers, and wave goodbye to any chance of pursuing more compensation down the road.

Here’s the rule: Don’t talk to insurance companies until you’ve consulted with a lawyer. Every word you say can be twisted, misconstrued, or taken out of context to use against you. Your lawyer knows the tricks they use and can handle those conversations for you, making sure you don’t settle for less than what you truly deserve.

Step 5: Lawyer Up—Immediately

And that brings us to the most important step: hire a personal injury attorney. Without a lawyer, you’re walking into a legal battlefield unarmed. Insurance companies know the law inside and out, and if you try to navigate the system alone, they will eat you alive. They’ll argue that you were partially at fault (hello, California’s comparative negligence law, California Civil Code Section 1714), reducing your payout to a fraction of what you’re actually owed. Without a lawyer, you could end up with far less than you deserve.

A skilled personal injury lawyer is your advocate. They know how to negotiate with insurance companies, gather evidence, and work with accident reconstruction experts to build a case that gets you the maximum compensation. They’ll ensure you get covered for more than just the obvious—think medical bills, lost wages, future medical needs, and even compensation for your pain and suffering. This isn’t just about a fender-bender; it’s about your future.

The Stakes Are High: Protect Your Future

A car accident can flip your life upside down. But the actions you take in the moments after can determine whether you land on your feet or get buried in medical bills and legal fees. From the first moment you document the scene to hiring the right lawyer, each decision you make is crucial.

In California, car accident laws are designed to protect victims, but you have to know how to use them to your advantage. With the right lawyer in your corner, you can focus on healing while they fight to protect your rights.

Don’t gamble with your future. Call California Attorney Group at (310) 278-6666 today for a free consultation. We’ll guide you through every step of the process and make sure you get the justice—and the compensation—you deserve.

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