After a car accident in California, you should call 911, seek medical attention, document the scene, exchange information with the other driver(s), and contact an experienced car accident attorney. These steps can protect your health and well-being and your ability to recover compensation.
Trust the Los Angeles car accident lawyers at Ellis Injury Law. With more than 30 years of experience and over $750 million recovered for injured clients throughout Southern California, we know how to fight for the compensation you deserve for your losses. The sooner you have legal representation, the stronger your case. Schedule a free consultation today.
Steps to Take After a Car Accident
The following checklist covers what to do and what to avoid in the aftermath of a crash. As difficult as it may be, staying calm and composed in those first moments can make a meaningful difference when it comes time to file a claim.
- Call 911 immediately. Describe your location and whether ambulance assistance is needed. This will also dispatch police to the scene.
- If you are able to, move your vehicle out of oncoming traffic but stay at the scene.
- Seek medical attention as soon as possible, even if you feel fine. Many injuries, including concussions and soft tissue damage, do not present symptoms immediately.
- Get the name and badge number of the police officer or California Highway Patrol officer who responds to the scene. Ask when and how you can obtain a copy of the accident report.
- Exchange information with all parties involved, including all drivers and passengers. Collect names, addresses, dates of birth, driver’s license numbers, telephone numbers, and the insurance company and policy information of all vehicle owners.
- Be cooperative and cordial to other drivers but never apologize or admit fault, even if you believe you are partly to blame.
- Speak to any witnesses at the scene and collect their contact information.
- Take photos and video of your vehicle, the other vehicles, the accident scene, and any visible injuries.
- Make detailed notes about the accident while it is still fresh in your mind, including location, weather, and road conditions, direction of travel, and a description of all injuries and property damage.
- Report the accident to your insurance provider, but do not give a recorded statement to any insurance company, including your own, before consulting an attorney.
Protecting Your Rights
The numbered checklist above covers what to do at the scene and in the immediate aftermath of a crash. The following steps address the legal and administrative obligations that come in the days and weeks that follow, and are just as critical to protecting your claim:
Report the Accident to the DMV
California law requires you to notify the DMV within 10 days of an accident if any of the following apply:
- There is a minimum of $1,000 in property damage
- Someone was injured
- Someone died
Use Form SR-1 to report the collision. Failing to report can result in driver’s license suspension.
Attend All Medical Appointments
Attend every doctor visit and rehabilitation session related to your injuries. Gaps in treatment send a signal to insurers that your injuries may not be as serious as claimed, and can significantly reduce your settlement.
Document Your Losses
As your case develops, thorough documentation will support every element of your claim. Keep records of:
- Medical records and receipts: Every bill, receipt, and expense related to your injury and treatment, including transportation to and from appointments.
- Vehicle documentation: Proof of vehicle value and repair estimates.
- Lost wages: Pay stubs, tax returns, bank records, or other financial statements that establish income lost due to the accident.
Finally, keep a pain journal to show how your injuries affect your life: pain levels, sleep disruption, activities you can no longer perform, and emotional toll. This kind of personal documentation can be powerful evidence when calculating non-economic damages, such as pain and suffering.
Statute of Limitations
In California, the statute of limitations for filing a car accident lawsuit is generally two years from the date of the accident. There are exceptions worth knowing.
If a minor was injured in the accident, the clock does not start running until they turn 18, giving them until their 20th birthday to file.
If the accident involved a government vehicle or government entity, the deadline is significantly shorter. A Notice of Claim must be filed with the relevant agency within six months of the accident date.
Contact a Los Angeles Car Accident Lawyer
When filing a car accident lawsuit, your choice of attorney can make a significant difference in the outcome of your case. At Ellis Injury Law, we know a fair settlement value for your case and fight so that you receive the compensation you deserve for your losses and damages. While most car accident claims are settled, we will pursue litigation if the insurance company fails to agree to a reasonable settlement amount.
Schedule a free, no-obligation consultation today. Because we work on a contingency basis, you pay no fee unless you receive compensation.
