Do's and Don'ts After a Car Accident in California
After a car accident, many victims make mistakes that impact their claims because they either don’t know what to do or are unaware of what not to do. Taking the proper steps after a car accident will protect your health and give you the best shot at recovering the maximum compensation in an insurance claim or legal proceedings.Â
- DO Contact the Police for an Accident Report
- DON’T Admit Fault—Even Indirectly
- DO Take Photos or Videos of the Accident Scene
- DON’T Talk to the Other Driver’s Insurance Company
- DO Seek Medical Treatment
- DON’T Accept a Low Settlement Too Soon
- DO Notify Your Own Insurance Company
- DON’T Post About the Accident on Social Media
- DO Contact a Car Accident Lawyer Early
- DON’T Wait Too Long To Take Action
- DO Get a Free Case Review With Our Car Accident Lawyers
DO Contact the Police for an Accident Report
Police reports can lead to critical evidence for the parties and insurance companies involved in car accidents. When police arrive at the scene, they will investigate the accident and interview the parties involved. Police reports typically contain driver and witness statements and descriptions of injuries and damages. While you can file an insurance claim without a police report, you will likely be missing key information that might assist in resolving a liability dispute.
Get a copy of a police accident report from the agency that responded to your crash. You can request a collision report from the California Highway Patrol or local law enforcement, such as the city of Sacramento.Â
DON'T Admit Fault—Even Indirectly
Do not discuss fault when talking to others at the accident scene or even later. Refrain from making even a casual apology related to the crash. The other party’s insurance company may twist the meaning of your words and claim you acknowledged responsibility for the accident.
California law contains a pure comparative negligence standard, meaning you can still collect compensation if you aren’t 100 percent liable for your accident. However, your damages will be reduced proportionately by your share of the blame. Insurance companies will pressure you to admit fault and use your statements against you to minimize payouts.
DO Take Photos or Videos of the Accident Scene
Photos and videos may serve as evidence to determine who was at fault for the accident. Capture damaged vehicles, license plates, road conditions, skid marks, debris, and any visible injuries to drivers and passengers. Also, document any hazards that may have contributed to your crash, such as a poorly marked construction zone or overgrown bushes and trees that obscured traffic signs.
Only take this step if it is safe to do so. If the other drivers involved or their passengers seem drunk or belligerent, only collect evidence from a safe distance. Stay away from the wreckage itself, especially sharp metal or glass.
DON'T Talk to the Other Driver’s Insurance Company
You are not legally obligated to talk to another party’s insurance company after a car accident. Don’t agree to meet or speak to an insurance representative without an attorney. Never give a recorded statement without your attorney present. The company will try to use your words against you to minimize your compensation.
Insurance company representatives may also attempt to pressure or trick you into accepting a quick, low settlement offer. Accepting could mean missing out on potential compensation to cover all your damages.
“There’s no reason for you to speak to the other driver’s insurance company. We prefer that you didn’t if you are going to ultimately seek representation because we can prepare you better for giving your testimony in the case.” – Brooks Cutter
DO Seek Medical Treatment
Protecting your health after a car accident is your number one priority. Never underestimate your potential injuries. If you didn’t go to the emergency room, seek treatment quickly from an urgent care facility or doctor. Some car accident injuries, such as whiplash, concussions, and internal bleeding, may not show symptoms for several hours or longer.
California is an at-fault insurance state, meaning that the at-fault driver’s insurance company is on the hook to pay your medical bills from an accident. The insurer can dispute your injuries if you lack proper medical documentation. If you delay treatment, it may claim that your injuries are not as severe as you allege or unrelated to the crash.
Follow your treatment plan and see any referred specialists. Failure to do so creates an opportunity for the at-fault driver’s insurance company to claim you didn’t take your injuries seriously because they weren’t that bad. Every visit and prescription you fill provides more necessary documentation for an auto accident claim.
DON'T Accept a Low Settlement Too Soon
An insurance adjuster may make a settlement offer quickly after the accident and even act like they are doing you a favor by protecting your interests. However, a quick settlement offer is often an attempt to get you to sign away future rights to compensation before you can fully assess the extent of your injuries.
Insurance companies extend these offers because they are usually far below your case value. If you accept, you sign away your rights to future compensation. For example, if a back injury from your accident then keeps you out of work for an extended period or becomes permanent, you cannot seek more compensation.
DO Notify Your Own Insurance Company
Most insurance policies require that you promptly report accidents. Look at your policy terms to determine how long you have to report the crash, which could range from 24 hours to 30 days. A failure to report could result in claims denial or policy cancellation, depending on the policy terms.
You, your insurance agent, or your legal representative must also report your accident to the California Department of Motor Vehicles within 10 days if someone is injured or there is property damage over $1,000. Failure to do so can result in a license suspension.
DON'T Post About the Accident on Social Media
It may seem like one of the more minor mistakes to avoid after a car accident, but posting about your crash or injuries can undermine a claim for damages. Insurance adjusters may search your public social media accounts for evidence to use against you in establishing liability for your car accident.Â
They may also use your posts to downplay your injuries and claim they are proof that your accident didn’t impact you as seriously as you claim. Even something unrelated to your crash can affect your settlement. For example, if you post a picture during a much-needed weekend trip after an accident, the insurance company can question how you took your trip despite your claimed injuries.
DO Contact a Car Accident Lawyer Early
While some car accident cases are straightforward, others involve disputes over evidence, liability, and damages. You need a car accident attorney in California to assist you with dealing with insurance companies and navigating the legal process.
An experienced California car accident lawyer can also fully calculate your damages and knows how to fight for fair compensation. When choosing an attorney, look for one with experience in car accident cases and a history of success securing compensation. Your attorney is also the only person you should listen to regarding what to do and what not to do after a car accident.
DON'T Wait Too Long To Take Action
California’s car accident statute of limitations is two years from the date of your crash. If you file a lawsuit after this deadline, the court will likely dismiss your case. Thus, no matter how strong your case is or how serious your injuries are, you will lose your right to seek compensation.
Waiting to take action also gives an insurance company a reason to delay. It makes money by denying or minimizing claims, and there is little incentive for the company to act quickly or offer a fair settlement as you approach the time limit to sue for damages.
DO Get a Free Case Review With Our Car Accident Lawyers
Even if you did not remember what to do after a car accident or made one of the mistakes outlined above, an experienced car accident attorney can still assist you. At Cutter Law, our car accident lawyers know what to say and what not to say to protect your claim. We can collect evidence you couldn’t gather yourself and request police reports, medical documentation, and other evidence.
Our team will assist you by negotiating your medical bills, dealing with insurance companies, and fighting claims that you were at fault in your accident. Contact us for a free case evaluation.
Brooks has a long-established, respected reputation as a skilled trial attorney and a record of proven success.
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