The 48 hours after a car accident in California determine the strength of your injury claim more than almost anything else. What you say at the scene, when you see a doctor, and how you handle the insurance company’s first phone call all affect whether you recover full compensation or get shortchanged. At Borna Houman Law in Los Angeles, we have seen good cases undermined by preventable mistakes in those first two days.
Key Takeaway: After any car accident in California, call 911, document the scene with photos, exchange information, seek medical attention within 24 hours, and do not give a recorded statement to the other driver’s insurance company. You have two years to file a personal injury lawsuit under CCP § 335.1, but the evidence chain starts immediately.
What Should You Do Immediately at the Accident Scene?
Stay at the scene. Leaving the scene of an accident involving injury is a crime in California under Vehicle Code § 20001 (hit-and-run). Even in a minor collision, leaving before exchanging information violates VC § 20002.
Call 911. California law requires you to report any accident involving injury or death. Even if injuries seem minor, a police report creates an official record of the crash. That report becomes evidence. Without it, the insurance company has only your word against the other driver’s.
Check for injuries but do not move anyone who may have a spinal injury. If someone is unconscious or complaining of neck or back pain, keep them still until paramedics arrive.
Document everything. Use your phone to photograph:
- All vehicle damage from multiple angles
- The positions of the vehicles before they are moved
- Skid marks, debris, and road conditions
- Traffic signals and signs near the intersection
- The other driver’s license plate, insurance card, and driver’s license
- Any visible injuries on your body
Get witness information. Bystander testimony can make or break a liability dispute. Ask anyone who saw the crash for their name and phone number. Witnesses disappear quickly, and the police do not always collect their information.
What Should You Do in the First 24 Hours After a Crash?
See a doctor. This is the single most important step you can take after leaving the scene, and it is the one people skip most often.
Go to the emergency room or an urgent care clinic even if you feel fine. Adrenaline masks pain for hours. Whiplash symptoms typically appear 12 to 24 hours after impact. Concussion symptoms can take up to 72 hours. Internal bleeding can go undetected for days.
The medical visit serves two purposes. First, it protects your health by catching injuries before they worsen. Second, it creates a timestamped medical record linking your injuries to the accident. That record is the foundation of your legal claim. In our experience, the number one thing insurance companies use to deny claims is a gap between the accident date and the first doctor visit.
File a DMV report if required. California law requires you to file a Report of Traffic Accident (SR-1) with the DMV within 10 days if anyone was injured, anyone was killed, or property damage exceeds $1,000. You can file online at dmv.ca.gov. Failure to file can result in suspension of your driver’s license.
How Should You Handle the Insurance Company’s Phone Call?
The other driver’s insurance company will call you. Often within 24 to 48 hours. The adjuster will sound friendly and concerned. They will ask you to describe what happened and how you are feeling. This is not a friendly conversation. It is a recorded investigation designed to limit what they pay you.
Do not give a recorded statement. You have no legal obligation to provide one to the other driver’s insurer. Politely decline and say you will have your attorney contact them. Anything you say in a recorded statement can and will be used to reduce or deny your claim.
Do not say “I’m fine” or “I feel okay.” These statements will be quoted back to you when you report neck pain three days later. The adjuster’s notes become part of your permanent claim file.
Do not accept a quick settlement offer. Insurance companies sometimes offer a few thousand dollars within the first week, hoping you will take the money and sign a release before you realize the full extent of your injuries. Once you sign that release, you cannot go back for more money when your herniated disc requires surgery six months later.
The most common mistake we see at our firm: clients who accept a $3,000 check from the insurance company in week one, then discover they need $50,000 in medical treatment over the following year. By then, they have already signed away their rights.
What Evidence Should You Preserve After a California Car Accident?
Evidence disappears fast. Security camera footage at nearby businesses is typically overwritten within 7 to 30 days. Skid marks fade. Vehicle damage gets repaired. Witnesses move on with their lives and forget details.
Here is a checklist of evidence to preserve immediately:
| Evidence Type | Where to Get It | Time Sensitivity |
|---|---|---|
| Police report | LAPD or CHP (request by report number) | Available within 5-10 business days |
| Surveillance footage | Nearby businesses, traffic cameras | Overwritten in 7-30 days |
| Witness statements | Collected at the scene or by investigator | Best within first week |
| Medical records | ER, urgent care, follow-up providers | Request copies promptly |
| Vehicle damage photos | Your phone, body shop, insurance adjuster | Before vehicle is repaired |
| Your own notes | Written account of what happened | Within 24-48 hours while memory is fresh |
| Dashcam footage | Your vehicle or the other driver’s | Download immediately |
If you hire an attorney, they can send a spoliation letter to the other party and relevant businesses, legally requiring them to preserve evidence. This is one of the first things we do when a client contacts us after an accident.
When Should You Contact a Personal Injury Attorney?
As soon as possible. There is no benefit to waiting, and several risks.
An attorney can begin preserving evidence on day one. They can handle all communication with the insurance company so you do not accidentally say something that undermines your claim. They can ensure you are seeing the right doctors and that your treatment is being documented in a way that supports your case.
California’s statute of limitations under CCP § 335.1 gives you two years to file a personal injury lawsuit. But if your accident involved a government vehicle, bus, or employee, you have only six months to file a government tort claim under Government Code § 911.2. Miss that deadline, and your claim is gone.
The consultation is free at most personal injury firms, including ours. Hiring a personal injury attorney on a contingency basis means you pay nothing unless the case results in compensation. There is no financial risk to getting legal advice early.
What Mistakes Can Destroy Your California Injury Claim?
Some mistakes are recoverable. Others are not. Here are the ones that cause the most damage:
Posting about the accident on social media. Insurance investigators routinely monitor Facebook, Instagram, and TikTok. A photo of you smiling at a family event can be used to argue your injuries are not serious. Do not post anything about the accident, your injuries, or your activities until your case is resolved.
Signing a blanket medical authorization. The insurance company will ask you to sign a form authorizing them to access your complete medical history. This lets them search for pre-existing conditions to blame your symptoms on. Your attorney can provide a limited authorization covering only records related to the accident.
Gaps in medical treatment. If you stop going to physical therapy because you feel better, the insurance company will argue you have recovered. If symptoms return weeks later, the gap in treatment makes it much harder to prove the accident caused your ongoing problems.
Waiting too long to act. Every day you wait is a day evidence degrades, witnesses forget, and the insurance company builds its case against you. Under California personal injury law, the clock starts on the day of the accident.
Frequently Asked Questions About Steps After an Accident
What should I do after a car accident that is not my fault in California?
Call 911, document the scene, exchange information, see a doctor within 24 hours, file an SR-1 with the DMV if required, and contact a personal injury attorney before speaking with the other driver’s insurance company. Do not admit fault or apologize at the scene, as California’s comparative negligence rule means fault percentages will be determined later.
Do I have to file a police report after a car accident in California?
If anyone is injured or killed, yes. California law requires reporting accidents involving injury. For property-damage-only accidents exceeding $1,000 in damage, you must file an SR-1 with the DMV within 10 days. Even when not legally required, a police report creates valuable evidence for your claim.
How long do I have to see a doctor after a car accident?
There is no legal deadline, but waiting more than 72 hours gives the insurance company ammunition to argue your injuries were not caused by the crash. We recommend seeing a doctor within 24 hours. The sooner you create a medical record linking your symptoms to the accident, the stronger your claim.
What happens if the other driver does not have insurance?
About 16% of California drivers are uninsured. If the at-fault driver has no insurance, you can file a claim under your own uninsured motorist (UM) coverage. California law requires insurers to offer UM coverage. If you declined it, your options are limited to suing the uninsured driver directly, which is often difficult to collect on.
Can I still recover compensation if I was partially at fault?
Yes. California’s pure comparative negligence rule allows you to recover damages regardless of your fault percentage. Your compensation is reduced by your share of fault. At 30% fault on a $100,000 claim, you recover $70,000. Even at 90% fault, you can still recover 10%.
Injured in an Accident in Los Angeles? Call Us Today.
Time is working against you. Evidence is disappearing. The insurance company is already building its case. Do not let a preventable mistake cost you the compensation you need to recover.
Borna Houman Law offers a free, no-obligation consultation for accident victims across Los Angeles County. We work on contingency, so you pay nothing unless we win. Call now or visit our contact page to get started. Learn more about how to maximize your injury compensation.
This article is for informational purposes only and does not constitute legal advice. Every accident is unique. Consult a personal injury attorney for guidance specific to your situation. Past results do not guarantee future outcomes.