What to Do After a Car Accident

The moments following a car crash can be chaotic and confusing, but the steps you take are critical for your physical recovery and financial future. Knowing what to do after a car accident in California can mean the difference between receiving full compensation for your injuries or being left with overwhelming medical bills and lost wages.

At Carcione, Henderson & Markowitz, LLP, we have guided thousands of accident victims through these challenging situations. Our aggressive and knowledgeable car accident attorneys understand that the actions you take immediately following a crash can significantly affect your ability to recover fair compensation.

If you’ve experienced a car accident in San Mateo, contact us today for a free consultation with an attorney who will guide you through the process with compassion and care. Over our four-decade history as a law firm, we’ve proudly protected the legal rights of and recovered millions of dollars for injured individuals throughout San Mateo County. Let us be your advocate for justice after an auto accident.

What Is the First Thing I Should Do After a Car Accident?

Your immediate actions after a collision should prioritize safety and health. First, check yourself and your passengers for injuries. Even if you feel fine, remember that adrenaline can mask pain, and some serious injuries may not show symptoms immediately. If anyone appears injured, call 911 right away to request medical and police assistance.

If possible and safe to do so, move your vehicle to the shoulder or another secure area to prevent additional collisions. Turn on your hazard lights to alert other drivers. If you cannot move your vehicle or it would be dangerous to try, leave it where it is and get yourself and your passengers to a safe location away from traffic.

Never leave the accident scene until you’ve exchanged information with other involved parties and spoken with police if they’ve been called. Leaving prematurely could result in hit-and-run charges, even if you weren’t at fault for the crash.

If you’re wondering what to do if you’re in a wreck that seems minor, remember that California law requires you to stop and exchange information anytime a collision results in injury or property damage.

What Should I Say to Police After a Car Accident?

When speaking with police officers at the accident scene, stick to factual information and avoid speculating about what happened. Officers will likely ask for your driver’s license, vehicle registration, and insurance information. Provide these documents promptly and answer their questions truthfully, but only discuss the specific facts of what occurred without offering opinions about fault or liability.

Do not make statements like, “I didn’t see them,” “I should have been more careful,” or “I’m sorry that this happened,” which could be interpreted as admissions of fault. Instead, explain what happened objectively, such as: “I was traveling east on Hillsdale Boulevard when the collision occurred.” If you’re unsure about specific details, it’s perfectly acceptable to say, “I’m not certain,” rather than guessing.

Request that the officer file an official police report, even if the accident seems minor. This report creates an official record of the incident and can serve as valuable evidence for your insurance claim or potential lawsuit. Ask the officer for information about obtaining a copy of the report once it’s filed.

Many drivers wonder, “If I had a car accident that wasn’t my fault, should I let the police know that the other driver was to blame?” Telling the responding officer that you believe another driver violated traffic laws or drove negligently is appropriate, but frame these observations as factual statements rather than accusations.

What Details Do I Need to Exchange After a Car Accident?

In a car accident that was not your fault, having comprehensive information from all involved parties is crucial for your insurance claim and potential legal action. The more detailed information you collect, the stronger your position will be when seeking compensation. After a crash, you should collect the following from all other drivers involved:

• Full name, current address, and phone number
• Driver’s license number
• Vehicle registration information
• Current insurance company name, policy number, and contact information
• The license plate number of each vehicle involved
• Make, model, and year of each vehicle

Additionally, gather contact information from any passengers or witnesses at the scene. Their accounts may prove valuable if liability becomes disputed later.

If the other driver refuses to provide information or leaves the scene, note their vehicle description and license plate number, then report this to the police immediately.

What Can I Do to Help Preserve Evidence at the Scene?

Understanding what to do when in a car wreck regarding evidence preservation can significantly strengthen your case. Use your smartphone to take multiple photos and videos from different angles, showing:

• Damage to all vehicles involved (exterior and interior)
• The overall accident scene, including relative positions of vehicles
• Road conditions, including any hazards that may have contributed to the crash
• Weather conditions and visibility
• Traffic controls such as signals, signs, or lane markings
• Skid marks, debris, or fluids on the roadway
• Your visible injuries and those of passengers

If you’re physically able, note what you observed before, during, and after the collision while your memory is fresh. Note the time, location, weather conditions, and any unusual circumstances. Record statements made by the other driver, especially any admissions of fault or distraction.

What Do I Need to Report to My Insurance Company After a Car Accident?

Report the accident to your own insurance company as soon as possible, typically within 24-48 hours. Most policies contain provisions requiring prompt notification of accidents, regardless of fault. Failing to report within a reasonable timeframe could jeopardize your coverage.

When speaking with your insurance representative, provide factual information about when and where the accident occurred and the vehicles and people involved. However, limit your discussion to these basic facts until you consult an attorney. Insurance adjusters may ask questions designed to elicit statements that could undermine your claim.

You should report the accident to your insurer even if you believe you were not at fault, as this protects your rights under your policy. Your insurer can help with vehicle repairs through collision coverage while pursuing reimbursement from the at-fault driver’s insurance.

Other Things to Do and Not Do

It is crucial to keep in mind what you should do and what you should avoid doing in the days and weeks following an accident, such as the following:

Get Medical Care, Even If You Feel OK

One of the most important aspects of what to watch for after a car accident is delayed injury symptoms. Many serious injuries (including whiplash, concussions, internal bleeding, and spinal damage) may not cause immediate pain due to shock and adrenaline. Seek medical evaluation promptly, even if you don’t think you’re seriously hurt.

Tell your doctor about all symptoms, no matter how minor they seem. Follow all treatment recommendations and attend all follow-up appointments. This creates a medical record documenting your injuries, which provides crucial evidence linking them to the accident.

Some warning signs that warrant immediate medical attention include the following:

Do Not Admit Fault

Avoid making statements that could be interpreted as admitting fault, either at the accident scene, to insurance adjusters, or in casual conversations afterward. Even saying “I’m sorry” could be misconstrued as an admission of responsibility.

California follows a pure comparative negligence system, meaning your compensation may be reduced by your percentage of fault. Insurance companies often try to shift blame to minimize payouts, so protect yourself by avoiding statements about who was at fault or what you “should have” done differently.

Do Not Post Anything on Social Media

Insurance investigators routinely monitor claimants’ social media accounts for evidence contradicting their injury claims. Avoid posting about the accident, your injuries, or your activities while your claim is pending.

Even innocent posts showing you engaging in daily activities could be misinterpreted as evidence that your injuries aren’t serious. Photos of you socializing or participating in physical activities could be particularly problematic. Consider temporarily deactivating your accounts or setting them to private during your case.

Don’t Take the First Settlement Offer You Receive

Insurance companies often make quick, low settlement offers, hoping you’ll accept them before understanding the full extent of your injuries and losses. These initial offers rarely reflect the actual value of your claim, particularly for injuries that may require ongoing treatment or result in permanent limitations.

Before accepting any settlement, consult an experienced car accident attorney. A lawyer can accurately value your claim based on all current and future losses, including medical expenses, lost income, pain and suffering, and diminished quality of life.

Consult with a Car Accident Lawyer

Speaking with an experienced attorney shortly after your accident provides numerous advantages. A skilled lawyer can do the following:

• Evaluate your case and explain your legal options
• Handle communications with insurance companies on your behalf
• Meet all filing deadlines and procedural requirements
• Gather and preserve critical evidence before it’s compromised or disappears
• Work with medical experts to document the full extent of your injuries
• Negotiate aggressively for maximum compensation
• Represent you at trial if a fair settlement cannot be reached

Contact an Experienced San Mateo Car Accident Lawyer Today

Did you or someone you love suffer injuries in a motor vehicle collision? The professional, knowledgeable, and dedicated attorneys at CHM Law Firm are ready to fight for the justice and compensation you deserve. We will handle every aspect of your claim, with no legal fees unless we recover compensation on your behalf. Contact us today for a free, confidential consultation.