Fact-Checked: This page was written and reviewed by Michael J. Cefali, Esq. Attorney Cefali is a founding partner of Cefali & Cefali, APC, based in San Juan Capistrano, CA. Please see our Editorial Guidelines.
By: MICHAEL CEFALI
The First Week After a Car Accident in California: What to Do (and What Not to Do)
The first week after a car accident is a critical window. Depending on the mechanics of the crash and how your body responds, you might feel fine on day one and unable to get out of bed on day three. What you say and do during this week can shape the rest of your case, sometimes permanently. Call Cefali & Cefali at (949) 325-7790 anytime for a free consultation if you need guidance right now.
Below are the rules that matter most in the first seven days, based on what we see cost injured clients money and leverage in real California car accident claims.
1. See a Doctor Immediately, Even If You Feel Fine
Many people wait far too long to see a doctor after a car accident. If you feel sore, disoriented, abnormally tired, or just generally "off," do not put it off for even a moment. If your symptoms are severe, take an ambulance from the scene straight to the emergency room. A brain or spinal injury can be devastating, and delaying treatment can cost you critical hours in a smoother recovery. People often worry about the cost of an ambulance ride. If that ride means a brain bleed gets caught five hours sooner, it is worth the expense.
Even if you are not experiencing acute symptoms, it is still worth a visit to urgent care. A doctor will examine you, likely order X-rays, and may prescribe anti-inflammatories or muscle relaxers. If nothing urgent shows up, you will typically leave with a referral to follow up with your primary care physician.
Medical documentation matters for your health and for your case. Insurance companies scrutinize any gap between the accident date and your first treatment. A gap of several days or more gives them an opening to argue your injuries were not caused by the crash, or were not serious enough to need immediate care.
2. File a Police Report
Unless you need to leave by ambulance, wait at the scene until law enforcement arrives. When officers ask what happened, describe it calmly and factually. The questions asked at the scene of an accident can feel frustrating or repetitive. Stay calm and get your version of events on the record.
Under California Vehicle Code section 20008, drivers involved in an accident with injury or death must file a police report within 24 hours if police did not respond to the scene. Separately, under Vehicle Code section 16000, you generally have 10 days to file an SR-1 form with the California DMV if the accident caused injury, death, or property damage over $1,000. These are two different filings with two different deadlines. Read our full breakdown of how to get a police report after a car accident and what happens if you do not report within 24 hours.
3. Do Not Give a Recorded Statement to the Other Driver's Insurance Company
The at-fault driver's insurance company will press you for a recorded statement, often within the first day or two, before you have had a chance to speak with a lawyer. They will tell you your participation is important. What they will not tell you is that the recorded statement is being collected to use against you later.
Even honest, straightforward people get tripped up. Adjusters are trained to ask questions designed to elicit answers that minimize the accident, downplay your injuries, and call your own liability into question. Then, weeks or months later, once you understand the full financial and physical impact of the crash, they bring your own early statement back to you as evidence that you described things differently.
Your own insurance company is a different matter. Most policies require you to cooperate with your own insurer, so if they ask for a statement, you will likely need to provide one, though you can usually schedule it for a later date. Before doing that, it is worth speaking with a San Juan Capistrano car accident lawyer about your specific situation. Cefali & Cefali offers free consultations for exactly this reason.
4. Do Not Sign Medical Authorizations for the Other Side
Do not provide the at-fault driver's insurance company with a blanket medical authorization. They will tell you it is the only way for them to evaluate your case. It is not. A broad medical authorization gives them access to your entire medical history, including conditions that have nothing to do with the accident, which they can then use to argue your injuries pre-existed the crash.
At Cefali & Cefali, we obtain our clients' relevant medical records and bills directly, and we redact private information that is not relevant to the claim. This protects the value of your case and keeps the insurance company working from the facts that actually matter.
5. Do Not Discuss Your Health Insurance
The at-fault driver's insurance adjuster will often ask about your health insurance early in the conversation. Do not share it. The reason they want to know is that health insurance companies negotiate deep discounts on hospital and medical bills, and if the at-fault insurer learns you have health coverage, they gain leverage to argue your "real" medical costs were lower than what you were billed.
Before a lawsuit is filed, the at-fault insurance company is generally not entitled to this information. At Cefali & Cefali, we keep our clients' health insurance details confidential throughout the claim process.
6. Do Not Rush to Fix Your Car
Your instinct will be to get your car repaired as fast as possible. That urgency is exactly what makes people let their guard down in early conversations with the at-fault insurance company. If a police report was taken, there is no reason to speak with the at-fault insurer until you have that report in hand. It is frustrating to be without your car, but do not let that frustration push you into a recorded statement under the false hope that cooperating will speed up your repair timeline. It will not, and it can hurt your claim.
How California's Insurance Regulations Protect You
California regulates how insurance adjusters are allowed to handle claims. Under the California Fair Claims Settlement Practices Regulations (10 CCR section 2695), insurers are prohibited from using unfair or deceptive practices to pressure claimants into premature statements or settlements. Adjusters who violate these regulations can expose their company to a bad faith claim. Knowing these rules exist does not mean you should negotiate alone. It means you should know that the pressure tactics you are experiencing in that first week are recognized enough to be regulated, which tells you something about how common and effective they are.
You also generally have two years from the date of the accident to file a personal injury lawsuit in California under Code of Civil Procedure section 335.1. Two years sounds like a long time in the first week after a crash. It is not a reason to delay getting proper legal advice, because evidence, witness memory, and video footage disappear far faster than that deadline approaches.
Frequently Asked Questions About the First Week After a Car Accident
What should I do first after a car accident in California?
Check for injuries and call 911 if anyone is hurt. Wait for police to arrive and file a report. Exchange information with the other driver. Document the scene with photos. Get medical care within 24 hours even if you feel fine. Avoid giving any recorded statement to the other driver's insurance company until you have spoken with an attorney.
Do I have to give a recorded statement to the other driver's insurance company?
No. You are not required to give a recorded statement to the at-fault driver's insurance company. You are only obligated to cooperate with your own insurer under the terms of your policy. Speak with an attorney before giving any recorded statement to anyone.
Should I sign a medical authorization for the other driver's insurance company?
No. A broad medical authorization gives the insurance company access to your full medical history, which they can use to argue your injuries existed before the accident. An attorney can obtain and provide only the medical records relevant to your claim.
Do I have to tell the insurance company about my health insurance?
Before a lawsuit is filed, the at-fault driver's insurance company is generally not entitled to your health insurance information. Sharing it can give them leverage to argue your medical costs were lower than what you were actually billed.
How soon should I see a doctor after a car accident?
As soon as possible, ideally within 24 hours. Adrenaline can mask serious injuries in the immediate aftermath of a crash. A prompt medical evaluation protects your health and creates a documented link between the accident and your injuries, which insurance companies scrutinize closely.
What if I do not feel injured right after the accident?
Get checked out anyway. Soft tissue injuries, concussions, and internal injuries often do not present symptoms until hours or days later. A same-day or next-day medical evaluation establishes a record even if you feel fine in the moment.
How long do I have to file a car accident lawsuit in California?
Generally two years from the date of the accident, under California Code of Civil Procedure section 335.1. If a government vehicle or employee was involved, a separate six-month government claim deadline applies. These deadlines are strict, but do not wait until they are close. Evidence and witness memory fade well before the legal deadline arrives.
Should I get my car repaired right away?
Wait until you have the police report and have spoken with an attorney if possible. The urgency to get your car fixed is exactly what insurance adjusters count on to get you to talk to them before you are ready.
What if the insurance adjuster contacts me before I hire a lawyer?
Politely decline to give a recorded statement or sign anything, and let them know you are consulting with an attorney. You are not required to make any decisions on the spot. Insurance companies are regulated under California's Fair Claims Settlement Practices Regulations, but that does not mean you should negotiate without guidance.
When should I contact a car accident lawyer?
As early as possible, ideally before you speak with any insurance company besides your own. Early legal involvement means important evidence gets preserved (traffic camera footage, witness statements, vehicle data) before it disappears, and it prevents you from accidentally saying something in week one that gets used against you in month six.
Talk to a California Car Accident Lawyer Today
If you or someone you know was in a car accident, do not navigate the first week alone. Cefali & Cefali offers free consultations. We will walk through what happened and give you a clear picture of what to expect moving forward.
Call (949) 325-7790 anytime, day or night, or contact us online to get started. No fee unless we win.
