Injured in a California Car Crash? Protect Your Injury Claim

Immediate Steps After a Crash

• Get to safety and call 911. Request police and medical assistance. A police collision report can be important evidence.
• Exchange information. Collect the other driver's name, contact details, driver's license number, license plate, and insurance information.
• Document the scene. Take photos or video of vehicle positions, damage, skid marks, traffic signals, road conditions, and visible injuries. Note nearby cameras or businesses that may have footage.
• Identify witnesses. Obtain names and contact information for anyone who saw the crash.
• Seek medical care promptly. Follow your provider's recommendations and keep copies of records and receipts. Gaps in treatment can be used to question your injuries.

California Is a Fault-Based State With Comparative Negligence

California is a fault-based state. The at-fault driver (and their insurer) is generally responsible for collision-related losses. California applies pure comparative negligence: your compensation may be reduced by your percentage of fault, but you are not barred from recovery solely because you share responsibility. See Li v. Yellow Cab Co., 13 Cal.3d 804 (1975) and Civ. Code § 1714(a). For noneconomic damages, each defendant is only severally liable for their share. See Civ. Code § 1431.2.

Be cautious with statements at the scene and on social media. What you say can be used to assess fault or credibility later.

Report the Collision

• Law enforcement: If an injury or death occurs and an officer does not investigate at the scene, the driver must report the collision to the appropriate police department or CHP within 24 hours. See Veh. Code § 20008.
• DMV (Form SR-1): You must report certain collisions to the California DMV within 10 days using Form SR-1, including any crash involving injury or death (and certain property damage thresholds), even if a police report was filed. See Veh. Code § 16000, § 16004, and the DMV's guidance on Accident Reporting Requirements.
• Your insurer: Most auto policies require prompt notice and cooperation. Delays can complicate coverage and claim handling.

Preserve Evidence Early

• Keep records: Medical evaluations, imaging, prescriptions, work notes, repair estimates, towing bills, and correspondence.
• Save physical evidence: Damaged property, child seats, and torn clothing may corroborate force of impact and injury.
• Request video quickly: Ask nearby businesses or homeowners for camera footage—many systems overwrite within days.
• Maintain a recovery journal: Track pain levels, limitations, missed work, and daily impacts to support non-economic damages.

Medical Care and Using Med-Pay

• Follow-through matters: Attend appointments, complete recommended therapy, and avoid gaps in care unless medically directed.
• Med-Pay benefits: Many California auto policies offer optional Medical Payments (Med-Pay) coverage that can pay reasonable and necessary medical expenses regardless of fault. Whether use of Med-Pay affects premiums depends on your policy and insurer; check your policy terms.
• Health insurance coordination: Your health plan may pay first and later assert reimbursement rights from any settlement. Keep explanations of benefits and lien notices.

Dealing With Insurance Adjusters

• Recorded statements: You are not required to give a recorded statement to the other driver's insurer. Provide only accurate, necessary facts.
• Don't rush to settle: Early offers can arrive before the full extent of injuries is known. Settlements are final; you generally cannot reopen a claim once you sign a release.
• Mind your words: Avoid admitting fault or speculating about injuries. Let the evidence speak.
• Provide documentation: Organized records of bills, wages, treatment, and photos improve claim valuation.

Recoverable Damages in California

Depending on the facts, recoverable damages may include medical expenses, future medical care, lost wages, reduced earning capacity, property damage, rental car costs, and non-economic losses such as pain, suffering, and loss of enjoyment of life. In rare cases involving malice, oppression, or fraud, punitive damages may be available. See Civ. Code § 3294.

Time Sensitivities and Notice Requirements

Deadlines can affect your rights. For most personal injury claims in California, the general statute of limitations is two years from the date of injury. See CCP § 335.1. If a public entity may be responsible (for example, a public vehicle was involved or a dangerous road condition contributed), you generally must present a government claim within six months of the injury before filing suit. See Gov. Code § 911.2 and § 945.4. Specific deadlines vary by facts—consult counsel promptly.

When a Public Entity May Be Involved

If a governmental employee or agency vehicle was involved, or if a dangerous road condition contributed to the crash, additional claim procedures and shorter notice requirements can apply. See, for example, Gov. Code § 835. These rules are strictly enforced. Prompt legal guidance is important to preserve your rights.

How a Lawyer Can Help

• Investigate liability and preserve evidence.
• Coordinate medical care and address liens.
• Handle insurer communications and negotiate claim value.
• Retain experts in accident reconstruction, biomechanics, medicine, and economics when needed.
• Prepare your case for litigation if settlement is unreasonable.

Practical Do's and Don'ts

Do: get medical evaluation, photograph everything, keep receipts, follow doctor's orders, notify insurers, and consult counsel early.

Don't: apologize or admit fault, post about the crash or your injuries on social media, skip treatment, sign broad medical authorizations for the other insurer, or accept a quick settlement before understanding your prognosis.

FAQ

Do I have to use my health insurance if I was not at fault?

Yes, you generally should use available health insurance; your insurer may later seek reimbursement from any settlement.

Should I give a recorded statement to the other driver's insurer?

No. You are not required to give a recorded statement to the opposing insurer. Provide only necessary facts in writing if needed.

What if I am partly at fault?

California uses pure comparative negligence. Your recovery is reduced by your percentage of fault, not eliminated.

How long do I have to file a lawsuit?

Most injury claims have a two-year statute of limitations, but shorter deadlines apply for claims involving public entities. Do not wait to get legal advice.

Next Steps

If you or a loved one was injured in a California car crash, consider speaking with a California personal injury attorney promptly. An initial consultation can help you understand fault, coverage, potential damages, and any time-sensitive notice requirements that may affect your claim. Contact us to schedule a consultation.

Key Legal References

• Li v. Yellow Cab Co., 13 Cal.3d 804 (1975)
• Civ. Code § 1714(a); Civ. Code § 1431.2
• Veh. Code § 16000; § 16004; DMV: Accident Reporting Requirements (SR-1)
• Veh. Code § 20008
• CCP § 335.1; Gov. Code § 911.2; § 945.4
• Civ. Code § 3294; Gov. Code § 835

Disclaimer (California): This blog is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Laws and deadlines can change and may vary based on specific facts; consult a qualified California attorney about your situation.