Not every collision needs a lawyer. A scrape in a car park with no injuries and an insurer that pays promptly does not. The difficulty is that the situations which do need one look, in the first week, exactly like the ones that do not.
Do I need a lawyer after a car accident?
Consider it seriously if any of these apply: anyone was injured, fault is disputed, the other driver had no insurance or minimum limits, a commercial or public vehicle was involved, a rideshare or delivery driver was involved, or you were driving for work when it happened. Also if an adjuster has already asked you for a recorded statement, which usually happens before anyone knows how badly you are hurt.
What do I have to do after a crash in California?
Two obligations catch people out.
Any collision causing injury, death, or property damage above the DMV threshold must be reported to the DMV on form SR-1 within ten days. That is separate from calling the police at the scene and separate from telling your insurer. Failing to file it can affect your licence.
Second, notify your own insurer promptly even if the crash was not your fault. Your own policy is often where the money comes from, and late notice is a reason insurers give for refusing to pay.
What if the other driver has no insurance?
This is common in California, and the answer is usually your own uninsured or underinsured motorist coverage. It is a part of your policy you pay for and rarely think about, and it exists exactly for this. Look at your declarations page for the UM and UIM limits.
The catch is that your own insurer becomes the party on the other side of that claim. It is still a claim you have to prove, and it is still adjusted by someone whose job is to pay as little as the facts allow.
Should I give the insurance company a recorded statement?
That is the question to ask a lawyer before answering, not after. A recorded statement is taken by the other side to be used later, it is usually requested early while you still do not know the extent of your injury, and an answer given in good faith on day three can be used against you in month eight.
You are generally not required to give one to the other driver’s insurer at all.
How long do I have to file a claim in California?
Generally two years from the date of injury under Code of Civil Procedure section 335.1, and three years for damage to the vehicle. If a public vehicle was involved — a county van, a transit bus, a city truck — the deadline is generally six months under Government Code section 911.2, which is a quarter of the time and catches people who assumed they had years.
I was driving between clients. Does that change anything?
Yes, and it is worth raising early. Driving that forms part of your work can bring workers’ compensation into play alongside the claim against the other driver. The two systems have different rules, different deadlines and different people deciding them, and a claim can exist in both at once.
What is my case worth?
Nobody can answer that honestly in the first week, and anyone who does is guessing. The value depends on what treatment you end up needing, what you could not earn, what insurance exists to pay it, and how clear fault is. The first offer generally arrives before any of that is known, which is precisely why it is the first offer.
Where to get help
Unified Savers is free for California healthcare workers. Tell us what is happening and we will point you at the right kind of attorney for it: find a lawyer.
Unified Savers is not a law firm and not a lawyer referral service. This article is general information about how this kind of matter works in California, not legal advice about your situation, and reading it does not create an attorney-client relationship. Deadlines described here are general rules and exceptions frequently make them shorter.