After a California car accident, feeling overwhelmed, confused, or unsure of your next steps is normal, and you are not alone. The aftermath can be challenging, from managing injuries and vehicle repairs to dealing with insurance and legal questions.
If you are thinking of filing a car accident claim but are unsure how to do so, this article will help you manage the chaos with clear answers to your most important questions about personal injury claims after an auto crash in California.
Who Should I Call After a Car Crash?
If anyone is hurt, call 911 immediately. Medical help and your health should always come first. Sometimes, adrenaline masks pain after an accident, and victims may feel fine, only to experience further physical pain later on. So, even if the injuries are minor, it is best to seek medical attention immediately.
Next, report the accident to the police, especially if the damage exceeds $1000 or if anyone was injured. Reporting the crash to the authorities is not just beneficial but also legally required in California. The Department of Motor Vehicles requires involved individuals to notify the police within 10 days from the date of the accident when it results in:
- Property damages of $1,000 or more
- A hit-and-run case
- Bodily injuries
- A wrongful death
Note that if a crash results in serious injuries or a wrongful death, you are legally required to report the accident to the police within 24 hours.
Then, contact a car accident lawyer in California who can connect with the insurance companies. If you are already dealing with injuries, it can be overwhelming to negotiate with the insurers, especially if they are ignoring your case or finding loopholes to avoid paying compensation. Your legal team will handle this so you can focus on your recovery.
Do I Need to Report a Car Accident to the DMV?
Yes, you need to report the accident to the Department of Motor Vehicles if:
- Someone was injured or killed (even slightly), or
- Property damage exceeds $1,000
California law requires you to file a report with the DMV within 10 days in these cases. If you skip this step, you could face license suspension.
Do I Need to File a Lawsuit Right Away?
Not immediately, but don’t wait too long.
According to the California Code of Civil Procedure (CCP) §335.1, California gives you two years from the date of your car accident to file a personal injury lawsuit. That deadline is called the statute of limitations, and missing it could mean losing your right to seek compensation entirely, no matter how strong your case is.
Two years may sound like plenty of time, but in reality, the window to act effectively is much shorter. This is because:
- Crucial evidence can vanish fast. If you wait too long, you risk losing the very evidence that could prove the other party’s fault.
- Witnesses forget what they saw. The longer you wait, the harder it is to track down people who witnessed the crash, and even if you do, memories fade.
- Insurance companies move quickly, and so should you. They often start building their case within hours of the accident. If you are not equally proactive, you could fall behind, making it harder to dispute their version of events.
So, while you are not obligated by law to file immediately, we strongly advise you to contact a personal injury lawyer as soon as possible. A legal expert can immediately step in to protect evidence, communicate with insurance adjusters on your behalf, and ensure you don’t say or sign anything that could later hurt your claim.
When Can I File a California Car Accident Claim After a Collision?
Not all individuals involved in a car accident in California have the right to file a claim for compensation. You can only do so if you meet the following criteria:
- Someone else was careless or reckless. This could mean speeding, running a red light, texting while driving, driving while intoxicated, or any actions that endanger your safety.
- Their actions caused the crash. There must be a direct link between what they did (or failed to do) and the accident itself.
- You suffered real harm. Whether you have physical injuries, emotional trauma, or financial losses, you must show that the accident had a real impact on your life.
If these conditions apply, you likely have grounds for a personal injury claim.
That said, every case is different, and some situations aren’t as clear-cut as they seem. Maybe the other driver is blaming you, or perhaps you are unsure if your injuries are “serious enough” to file a claim.
If this happens to you, a California car accident lawyer can review your situation, explain your rights, and help you understand whether it makes sense to move forward and how.
What Damages Can I Claim Compensation For After a Car Crash?
After a crash, you may be facing physical pain, emotional trauma, lost time at work, and a sudden shift in your quality of life. That is why California law allows you to seek compensation for all the ways the accident disrupted your life, not just the obvious ones.
Here’s what that can include:
Economic Damages
These are the tangible, out-of-pocket costs tied to your recovery, such as:
- Medical bills (including ER visits, surgeries, therapy, medications)
- Future medical care for lasting injuries
- Lost wages from time off work
- Lost earning capacity if your injuries affect your ability to return to work
- Vehicle repair or replacement costs
Non-Economic Damages
These address the personal toll the accident took on your well-being, things you can’t measure with receipts:
- Pain and suffering
- Emotional distress or anxiety
- PTSD or mental health struggles
- Loss of enjoyment of life
- Loss of companionship or strain on relationships
Punitive Damages
In rare but serious cases, such as if the at-fault driver was drunk, drag racing, or acting with gross negligence, you may be entitled to punitive damages. These are meant to punish outrageous behavior and convey that reckless driving won’t be tolerated.
If you’re recovering from injuries, you may already be feeling overwhelmed. But knowing what you’re entitled to is critical. Insurance companies may try to downplay the full extent of your suffering, especially the emotional and psychological impact. And that’s where we come in.
Car accident lawyers know how to look beyond the surface, gather the right documentation, work with medical experts, and put a dollar figure on losses that insurance adjusters often ignore. We fight to make sure your pain is recognized and fairly compensated.
What If I Don’t Have Car Insurance?
If the crash wasn’t your fault, you still have the legal right to pursue compensation by filing a claim with the at-fault driver’s insurance company. You can seek help for the tangible losses even if you weren’t insured yourself.
Will My Compensation Have a Limit if I am Uninsured but the Accident Is Caused by Someone Else?
In California, your compensation can be limited if you were uninsured at the time of the accident, even if the other driver was at fault.
According to the California Civil Code §3333.4, if you were driving without insurance when the crash happened, you are still entitled to compensation for:
- Medical bills
- Vehicle damage
- Lost wages
- Other economic damages
However, you are not allowed to recover for:
- Pain and suffering
- Emotional distress
- Other non-economic damages
This rule is often called “No Pay, No Play.” The idea is that if you didn’t follow the law by carrying insurance, the state limits your right to collect for subjective harm like pain or trauma.
Are There Exceptions?
There are exceptions where you might still recover full compensation, including pain and suffering:
- The at-fault driver was convicted of DUI (driving under the influence) during the crash.
- You were a passenger in the uninsured car, not the driver.
- You were not driving (for instance, you were a pedestrian or cyclist).
- You had valid insurance, but a lapse occurred due to factors out of your control.
Can I Choose Where to Get My Car Repaired After an Accident?
Yes, you have every right to choose your repair shop.
After an accident, you might feel overwhelmed and pressured to follow your insurance company’s suggestions, especially when they recommend a shop from their network. While those options may be convenient or cost-effective, you are not required to go with them.
- You can take your car to any licensed repair shop you trust.
- If you choose an out-of-network shop, your insurer may require you to pay upfront and reimburse you later.
- Picking a trusted mechanic, especially if you have worked with them, gives you peace of mind that the job will be done right.
This is your vehicle, your safety, and your investment. Don’t let insurance pressure override your right to choose what feels right for you. And if you are running into resistance from the insurance company, a California car accident lawyer can step in and fight for your rights, not just for your car, but for your full recovery.
What If I’m Partially at Fault for the Car Accident?
California follows a pure comparative fault rule, which means you can still recover compensation, even if you were partially at fault.
Let’s say you were 30% responsible for the accident. You’re still entitled to 70% of your total damages. That could cover medical bills, lost wages, emotional distress, and more. You don’t lose everything, just a portion.
However, insurance companies love to shift blame. It is a common tactic to reduce what they owe you. Even if their driver clearly ran a red light or rear-ended you, they may claim you were distracted or speeding to minimize your payout.
This is why you need car accident lawyers who know how to challenge blame-shifting tactics, gather strong evidence, and protect your rights at every turn. They will determine if the compensation reflects what you have truly lost, not just what the insurance company says you deserve.
What to Do After a Car Accident in California
- Check for injuries and call 911 if anyone is hurt.
- Move to a safe spot if possible. Turn on hazard lights.
- Call the police and file an official report (especially if injuries or severe damage are involved).
- Share names, contact details, driver’s license, plate numbers, and insurance.
- Do not admit fault. Instead, keep communication factual and minimal.
- Take photos of damage, the scene, injuries, skid marks, and traffic signs.
- Collect witness contact information, if available.
- Even if you feel “fine,” get checked. Some injuries show up later.
- Avoid recorded statements until you’ve spoken to a lawyer.
- Talk to a California car accident lawyer. An attorney can protect your rights and help maximize compensation.
What Does a California Car Accident Lawyer Do to Protect My Rights?
A car accident can quickly change your life physically, emotionally, and financially. You’re in pain, missing work, and trying to stay afloat. The last thing you need is to go through complex legal systems on your own.
This is where a personal injury lawyer helps. They will manage the legal aspects of your case so you can focus on healing.
Here is what they do to protect your rights:
- Provide Free Case Evaluation: Get a no-pressure consultation to understand your options without any upfront cost.
- Investigate Thoroughly: They gather police reports, medical records, witness statements, and more to build a strong case.
- Handle All Paperwork: Your lawyer takes care of the legal red tape from insurance claims to court filings.
- Negotiate with Insurers: Insurance companies aim to settle fast and low. Your lawyer fights for what you actually deserve.
- Go to Trial if Needed: A good lawyer is ready to take your case to court if fair compensation isn’t offered.
At The Law Offices of Larry H. Parker, we understand how overwhelming life feels after an accident. Our experienced California car accident lawyers are here to lift the weight off your shoulders and fight for the justice and compensation you deserve.
What You Can Expect from Our Team:
- Clear, Honest Communication: We break down your legal options in everyday language.
- Aggressive Representation: We stand up to insurance companies to demand full compensation for your medical bills, lost wages, and pain.
- Fast Access to Medical Care: We connect you with trusted doctors so you can focus on healing while we handle the legal work.
- Full Legal Support from Day One: From gathering evidence to going to court if needed, we take care of everything from start to finish.
Call us at 800-333-0000 or fill out our contact form for a free consultation. We fight like it’s personal, because to us, it is.
Looking for legal help after a crash? Our dedicated car accident lawyers are available for a free case assessment.
What Our Clients Say About Us
While many personal injury lawyers may accept your case and build a legal defense, none will champion your cause as fiercely as we do. Our California accident attorneys are exceptionally well-equipped to create a flawless claim, as affirmed by our previous clients:
“There was absolutely no hassle for me. They kept me up to date and checked in on me throughout the case. They took care of everything and were able to clearly explain the process, and it was all definitely worth it in the end!
Geronimo was the assistant who was working on our case. He was friendly, informative, patient, and thorough with any questions that I had.” – Marcos R.
Frequently Asked Questions
Accidents may be upsetting and complicated, leaving everyone involved with questions about their rights, obligations, and legal alternatives. Understanding the aftermath of an accident is critical for safeguarding your rights and getting proper compensation.
If you have further questions, we have answered some of the most frequently asked questions about road accidents.
- Can I Switch California Personal Injury Lawyers?
- 6 Things To Consider When Calculating Personal Injury Settlements
- Who is Liable for a Car Accident with an Unlicensed Driver?
- Does a Poor Driving Record Affect My Car Accident Claim?
References
California Civil Code 3333.4. (n.d.). California Legislative Information. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=3333.4.&lawCode=CIV
California Code of Civil Procedure (CCP) §335.1. (n.d.). California Legislative Information. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=335.1
California Vehicle Code 20008. (n.d.). California Legislative Information. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=20008
comparative negligence | Wex | US Law | LII / Legal Information Institute. (n.d.). Law.Cornell.Edu. Retrieved May 30, 2025, from https://www.law.cornell.edu/wex/comparative_negligence
Report of Traffic Accident Occurring in California (SR-1) – California. (n.d.). California DMV. Retrieved October 2, 2025, from https://www.dmv.ca.gov/portal/dmv-virtual-office/accident-reporting/
Vehicle Code – VEH DIVISION 7. FINANCIAL RESPONSIBILITY LAWS [16000 – 16560]. (n.d.). California Legislative Information. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=16000.
