What Are the Most Common Mistakes People Make After a Car Accident in California?

TL;DR: After a car accident in California, avoid these critical mistakes: admitting fault, skipping medical treatment, delaying legal help, or trusting the insurance company too soon. Always document everything, get checked by a doctor within 72 hours, and talk to an experienced car accident lawyer. These steps protect your health and your right to fair compensation.

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1. Admitting Fault at the Scene

Even saying “I’m sorry” at the crash scene can be used against you. Fault is determined based on evidence—photos, police reports, witness statements—not personal feelings or initial assumptions. Stick to the facts when speaking with others, and let your attorney handle liability discussions.

2. Not Seeing a Doctor Within 72 Hours

Many injuries (like whiplash or brain trauma) don’t show symptoms immediately. If you wait too long to seek care, the insurance company may argue that your injuries aren’t serious—or weren’t caused by the crash. Always get medical attention, even if you feel okay.

3. Failing to Gather Evidence

If you can do so safely, take photos of:

• Vehicle damage
• Road conditions
• License plates
• Driver’s license and insurance card
• Any visible injuries
• Traffic signs or signals

Also try to get contact info from witnesses and screenshots of any rideshare or delivery app if involved.

4. Trusting the Insurance Company

Insurance adjusters often sound helpful—but they’re protecting their company’s bottom line. Avoid recorded statements. Don’t sign anything without speaking to a lawyer. Quick lowball offers—settlements that are too low to cover your losses—are common.

5. Delaying Legal Help

Evidence fades. Witnesses disappear. Memories blur. Every day you wait gives the insurance company an advantage. A lawyer can help preserve evidence, build your case, and avoid costly mistakes early on.

6. Ignoring the Statute of Limitations

You have 2 years to file a personal injury claim in California—but certain circumstances (like discovering injuries later) can extend this. If you miss the deadline, you may lose your right to recover anything.

7. Not Following Your Doctor’s Orders

Missed appointments or not following medical advice may hurt your case. Insurance companies will claim you weren’t seriously hurt or failed to mitigate your damages.

Protect Yourself Early

In the first 72 hours after a crash:

• Get medical care
• Don’t talk to the other driver’s insurance
• Document everything
• Call a lawyer

Real Example: How One Client Turned It Around

San Diego: A client was offered just $10,000 after a rear-end crash. They hadn’t seen a doctor or contacted an attorney. We got involved, documented soft tissue damage and future care costs, and secured a $100,000 settlement—ten times the initial offer.

Feeling Overwhelmed After the Crash?

That’s normal. Take a deep breath. Write down everything you remember while it’s fresh. Focus on healing—our legal team can handle the rest.

FAQ

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Written by Neama Rahmani, Esq.
President, West Coast Trial Lawyers
California Bar No. 240613
View State Bar Profile