California Accident Victim Resources
Key Takeaways:
- Get medical attention, document the scene, and preserve records.
- Some California crashes require both law enforcement and DMV reports.
- Most personal injury lawsuits have a two-year deadline, but government claims can require action within six months.
- Be cautious with recorded statements and settlement releases.
Medical care comes first after an accident; when and only when you are safe, you will then need to determine which reports you must file and what evidence to keep. Learn what to do after a California accident with our experienced lawyers here at Lerner, Moore, Silva, Cunningham & Rubel.
What Should You Do Immediately After an Accident?
- Get to safety. Move away from traffic, an aggressive animal, unstable equipment, or another hazard if you can do so safely.
- Call for help. Dial 911 for serious injuries or immediate danger. Follow the dispatcher’s instructions.
- Seek medical care. Tell your provider what happened and describe all symptoms. Report new or worsening symptoms as they develop.
- Notify the appropriate person. Depending on the incident, contact the relevant party: a property manager, business owner, employer, law enforcement, or animal control. Ask how to obtain any incident report.
- Collect contact information. Get names and contact details for the people involved and any witnesses. Record relevant insurance information when available.
- Document the scene. Photograph your injuries, the surrounding area, and the condition or hazard involved. Avoid putting yourself at risk to gather evidence.
- Preserve evidence. Keep any damaged clothing, defective products, photographs, messages, and receipts. Ask anyone with relevant surveillance footage to save it.
- Write down what happened. Record the date, location, and sequence of events while the details are fresh. Describe what you observed without guessing about fault.
- Keep records. Save medical bills, treatment instructions, incident reports, and proof of missed work. Check any applicable insurance reporting requirements.
How Do You Report a California Accident and Get Records?
California drivers must report a collision involving injury or death to law enforcement within 24 hours, as well as a DMV SR-1 report within 10 days if a collision causes injury, death, or more than $1,000 in property damage.
After a fall or another incident on private property, ask the manager for an incident report.
How Should You Document Injuries and Preserve Evidence?
Save all medical evaluations, test results, prescriptions, therapy notes, and bills. Keep pay stubs and employer messages that show days you needed to take off from work because of your injury, plus receipts for transportation, repairs, and other accident expenses. Keep a dated journal of symptoms and physical limitations.
Preserve all original photos, messages, videos, and damaged property, and ask businesses to save relevant security footage before their systems overwrite it.
For a truck accident, driver logs, maintenance records, and onboard data may help solidify your case.
For Uber or Lyft accidents, save any rideshare app and trip records.
What Should You Know About Insurance and Settlements?
Report the accident accurately, but do not speculate about any injuries sustained or fault on behalf of yourself or other parties.
Check your policy’s requirements for cooperating with your own insurer. Before agreeing to any recorded statement, ask what, if anything, requires you to give one.
Compare any settlement offer with your medical bills, lost wages, expected treatment costs, and other recoverable losses. Be careful about signing anything: a signed release may bar further claims against the covered parties, even if your condition worsens.
What Are California’s Filing Deadlines and Fault Rules?
California law generally allows victims two years to file a personal injury lawsuit, and property damage lawsuits generally have a three-year limit.
For many claims against California public entities, such as public transportation drivers, you must submit an administrative claim within six months.
Courts in California use “pure comparative fault”: if your damages are $100,000 and you bear 20% of the fault, your recovery generally falls to $80,000.
Printable California Accident Checklist
- Call 911 if needed; get to safety
- Seek medical attention and follow treatment instructions
- Photograph the scene, injuries, and property damage
- Exchange information and collect witness contacts
- Obtain the police or incident report number
- File required reports, including an SR-1 when applicable
- Save original photos, messages, video, and damaged belongings
- Ask for relevant recordings before they are deleted or overwritten
- Keep medical bills, receipts, and wage-loss records
- Check insurance requirements and legal deadlines
Accident date/location: ____________________
Report number/agency: ____________________
Insurer/claim number: ____________________
Witnesses/medical provider: ______________
Frequently Asked Questions (FAQs):
Do I need a police report to make an insurance claim?
Not always. You still need to follow California’s accident-reporting laws and your policy’s requirements, even if your insurer does not ask for a police report.
What if I did not see a doctor immediately?
Seek care when symptoms develop, and tell your provider when the incident and symptoms occurred. If you delay treatment, it can be harder to show that the accident caused your injuries.
What if the other driver was uninsured?
Check whether you have uninsured/underinsured motorist coverage. A lawyer can check for other responsible parties or insurance coverage.
Can I bring a claim without a lawyer?
Yes. Consider getting legal advice if the parties disagree about fault, you have significant injuries, or your claim involves a government agency. Evidence and filing procedures can be complicated.
How do I evaluate a settlement?
Compare the offer with your documented losses and expected treatment costs. Ask about unclear release terms before signing.
If You Need California Accident Victim Resources or Legal Help for Personal Injuries, Contact Our Knowledgeable California Personal Injury Lawyers at Lerner, Moore, Silva, Cunningham & Rubel
If you have questions about accident reporting, insurance, or compensation, our California personal injury lawyers at Lerner, Moore, Silva, Cunningham & Rubel can review the accident and discuss what you may need to do next. To schedule a free consultation, call today at 909-889-1131 or contact us online. With office locations in Ontario and Victorville, California, we proudly serve clients in the surrounding areas.
