Phase 1: At the Accident Scene
The first few minutes after an accident are critical. Your safety comes first, but what you do next can significantly impact your claim.
Check yourself and passengers for injuries. If anyone is hurt, call 911 immediately. If vehicles are drivable and blocking traffic, move them to the shoulder if safe to do so. Turn on hazard lights and set up flares or triangles if you have them.
Even for minor accidents, a police report creates an official record of what happened. This documentation is valuable for your insurance claim. When officers arrive:
- Provide factual information only - do not speculate or guess
- Describe what happened from your perspective
- Point out any witnesses
- Ask for the report number and how to obtain a copy
Collect the following from all other drivers involved:
- Full name and contact information
- Insurance company and policy number
- Driver's license number
- License plate number
- Make, model, and color of vehicle
If there are witnesses, get their names and contact information too.
Use your smartphone to thoroughly document the scene:
- Take photos of all vehicle damage from multiple angles
- Photograph the overall accident scene, including traffic signs, signals, and road conditions
- Capture any skid marks, debris, or road damage
- Take photos of the other driver's license, insurance card, and license plate
- Document any visible injuries
- Note the time, date, weather, and lighting conditions
Never admit fault or apologize for the accident - even saying "I'm sorry" can be used against you later. Do not discuss fault with the other driver or provide statements about what happened to anyone except the police. Do not sign anything other than police documents.
Under California Vehicle Code Section 20008, you must file a written report with the DMV within 10 days if anyone is injured or killed, or if property damage exceeds $1,000. This is in addition to any police report. Failure to report can affect your insurance claim and may result in license suspension.
Phase 2: The First 24-48 Hours
Even if you feel fine, see a doctor within 24-48 hours. Many injuries, especially soft tissue injuries, do not manifest symptoms immediately. A prompt medical evaluation:
- Creates documentation linking your injuries to the accident
- Identifies injuries before they worsen
- Establishes a treatment baseline
- Prevents the insurer from arguing your injuries were pre-existing or unrelated
Contact your insurance company promptly to report the accident. Most policies require timely notification. When reporting:
- Stick to the facts - time, date, location, vehicles involved
- Do not speculate about fault or causes
- Do not provide a recorded statement without understanding your rights
- Ask what coverage applies (collision, comprehensive, MedPay, UM/UIM)
- Get the claim number and adjuster's contact information
Insurers often ask for recorded statements early in the process. While your own insurer may require cooperation, you are not obligated to give a recorded statement to the other driver's insurer. Before agreeing, understand that these statements can be used to minimize your claim. Consider consulting an attorney first, especially if you have injuries.
Create a dedicated folder (physical or digital) for everything related to your claim:
- Police report
- All photos and videos from the scene
- Medical records and bills
- Repair estimates and invoices
- Correspondence with all insurance companies
- Notes from every phone conversation (date, time, who you spoke with, what was said)
- Receipts for all accident-related expenses
Phase 3: The Claims Process
Know which coverages may apply to your situation:
- Collision Coverage: Covers damage to your vehicle regardless of fault (minus your deductible)
- Liability Coverage: The at-fault driver's liability pays for your damages when they caused the accident
- MedPay/PIP: Covers medical expenses regardless of fault
- UM/UIM: Covers you when the at-fault driver has no or insufficient insurance
- Rental Reimbursement: Pays for a rental car while yours is being repaired
For vehicle damage:
- Get at least two independent repair estimates
- You have the right to choose your own repair shop (in most states)
- Be wary of insurer "preferred" shops that may cut corners
- Ask about OEM vs. aftermarket parts
- Request in writing if supplements are needed after hidden damage is discovered
Under California regulations (CCR Title 10, Section 2695.10), insurers must:
- Provide written notice of your right to choose your own repair shop
- Disclose if they want to use aftermarket (non-OEM) parts and get your consent
- Pay for extended rental car coverage if repairs are delayed due to insurer issues
When the adjuster makes an offer:
- Do not accept immediately - you have time to evaluate
- Ask for the offer in writing with a detailed breakdown
- Review it against your own damage assessment and medical bills
- If the offer is too low, prepare a counter-demand with supporting documentation
- Negotiate - the first offer is rarely the final offer
For vehicle damage, you can usually settle fairly quickly once repairs are complete. For injury claims, wait until you reach "maximum medical improvement" (MMI) - the point where your condition has stabilized. Settling too early may leave you unable to recover future medical costs.
Phase 4: If Things Go Wrong
Not all claims go smoothly. Here's what to do when you encounter problems:
Claim Denial
If your claim is denied:
- Request a written explanation of the denial
- Review your policy to understand the basis for denial
- Gather evidence that contradicts the denial reason
- Submit a formal written appeal
- If the denial persists, consider filing a complaint with your state insurance department
Lowball Offers
If the settlement offer is unreasonably low:
- Document why the offer is inadequate (repair estimates, medical bills, comparable values)
- Submit a written counter-demand with supporting evidence
- Be prepared to escalate to a supervisor
- Consider hiring an attorney if negotiations stall
Unreasonable Delays
If the insurer is dragging its feet:
- Document all communications and response times
- Send written requests for status updates
- Reference your state's claim handling deadlines
- File a complaint with your state insurance department if deadlines are violated
California's Fair Claims Settlement Practices Regulations require insurers to:
- Acknowledge your claim within 15 calendar days
- Accept or deny your claim within 40 calendar days of receiving proof of claim
- Pay accepted claims within 30 calendar days of settlement agreement
Violations of these deadlines may support a bad faith claim. See my guide on CA Fair Claims Settlement Practices for details.