After a Car Accident in California, Most People Make the Same Costly Mistakes
- Apr 15
- 3 min read
Every year, thousands of drivers across California — in Los Angeles, San Francisco, San Diego, and everywhere in between — walk away from car accidents not knowing that the decisions they make in the next 24 hours will shape the strength of any future claim.
The accident itself is the easy part. What comes after is where cases are won and lost.
Step One: Call the Police. Document Everything.
Even in a minor collision, a police report creates an official record that protects you. While waiting for officers to arrive, document the scene yourself — photograph vehicle positions, road conditions, traffic signs, visible damage, and the other driver's license, registration, and insurance information. If there are witnesses, get their contact details before they leave.
Under California Vehicle Code § 20008, you are required to report any accident involving injury or death to the California Highway Patrol or local police. Accidents resulting in injury, death, or property damage over $1,000 must also be reported to the DMV within 10 days using Form SR-1.
Evidence disappears quickly. Preserve it while you can.
Step Two: Consider Speaking With an Attorney Before Contacting Your Insurance Company.
This is one of the most overlooked steps — and one of the most consequential.
Insurance companies — including your own — have a financial interest in resolving claims efficiently, which does not always align with your interest in receiving full and fair compensation. Anything you say in a recorded statement can be used in the claims process. A personal injury attorney can advise you on how to protect your account of events before any formal statements are given.
If you believe the accident was not your fault, consulting an attorney early gives you the opportunity to understand your rights before engaging with the claims process.
Step Three: Do Not Rush to Say You Are "Fine."
Whiplash, soft tissue injuries, and certain types of internal trauma frequently do not present symptoms immediately following a collision. Adrenaline masks pain. The full impact of certain injuries may not be apparent for 24 to 72 hours — sometimes longer.
When asked at the scene whether you are injured, you are not obligated to give a definitive answer. It is reasonable to say you are unsure and will be seeking medical evaluation. A timely, documented examination creates the medical record that may be critical to your case. What you say in the immediate aftermath can become part of the formal record — be measured.
Step Four: Personal Injury Representation Is Typically Available at No Upfront Cost.
Many people assume that hiring an attorney requires significant out-of-pocket expense. In personal injury matters, most attorneys — including those at Finlex Law — handle these cases on a contingency fee basis. Under this arrangement, attorney fees are only collected if and when compensation is recovered on your behalf. If there is no recovery, there is no fee. The specific percentage and terms vary by case and will be set out in a written fee agreement.
You do not need to weigh your financial situation against your right to informed legal guidance.
Know Your Deadlines.
Under California law, personal injury claims arising from car accidents generally must be filed within two years of the date of the accident. Property damage claims carry a three-year deadline. Important exceptions apply — if a government vehicle is involved, such as a city bus or police car, the deadline to file an administrative claim is just six months. Additional exceptions exist for minors and certain other circumstances.
Because deadlines vary based on the facts of each case, it is important to speak with an attorney promptly to understand which timeline applies to you.
Finlex Law, APC
+1 (562) 320-5555
2107 N Broadway , STE 105, Santa Ana, CA 92706
Disclaimer: The information provided in this article and on the Finlex Law website is for general informational purposes only and does not constitute formal legal advice. Reading this material or contacting our firm via email, phone, or website form does not create an attorney-client relationship between you and Finlex Law, APC. An attorney-client relationship is only established once a formal, written engagement agreement has been signed by both you and the firm. Please do not send any confidential or sensitive information to us until a formal attorney-client relationship has been established.
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