By Tam Berhe, Esq. | The Berhe Law Firm, APC
The moments after a car accident are disorienting. Adrenaline is still running, your car may be disabled, and you're trying to process what just happened while also dealing with the practical chaos of a collision: other drivers, oncoming traffic, and possibly injured passengers. What you do - or don't do - in the first 72 hours can significantly affect the value and viability of your personal injury claim.
This isn't theoretical. I've seen legitimate claims lose value because of preventable mistakes made in the immediate aftermath of an accident. And I've seen clients protect strong cases because they knew what steps to take before the shock wore off.
Here's what to do.
At the Scene: The First Hour
1. Check for Injuries - Call 911
Your first obligation is safety. Check yourself and your passengers for injuries. If anyone is injured, call 911 immediately. Do not assume an injury is minor - adrenaline masks pain, and symptoms from whiplash, concussion, and soft tissue injuries often don't fully present until hours or days later.
Beyond the immediate safety concern, having law enforcement respond to the scene creates an official accident report - a California Highway Patrol or local police report that documents the incident, identifies the parties, and may include an initial determination of fault. This report is foundational to any subsequent insurance claim or litigation.
California Vehicle Code § 20008 requires the driver of a vehicle involved in an accident causing injury or death to make a written report to the California Highway Patrol or local police within 24 hours. Make sure law enforcement comes to you - don't just exchange information and leave.
2. Don't Apologize - Don't Admit Fault
This is one of the most common and costly mistakes people make after an accident. A sincere, reflexive "I'm so sorry" at the scene of an accident can be characterized as an admission of fault in subsequent litigation. California operates under a pure comparative fault system (established by Li v. Yellow Cab Co., 13 Cal.3d 804) - meaning even a partially at-fault plaintiff can recover damages, but the apportionment matters enormously.
Say nothing about fault. Exchange insurance and contact information. Be civil and cooperative without making statements about what happened or who caused the accident.
3. Document Everything
If you're physically able, use your phone to document the scene before anyone moves:
- All vehicles involved, from multiple angles, showing damage
- License plates of all involved vehicles
- The broader scene - road conditions, traffic signs, skid marks, debris
- Any visible injuries (yours and others, if they consent)
- The other driver's license, registration, and insurance card
- Contact information for any witnesses
Photographs and videos taken immediately after the accident are among the most powerful evidence in a personal injury claim. They capture the scene before it's cleaned up, repaired, or altered.
4. Get the Police Report Number
Before the responding officer leaves the scene, get the report number. This is the identifier for the official accident report, which you'll need to request later. Officers typically don't give you the full report at the scene - they'll tell you how to obtain it from the relevant law enforcement agency.
In the First 24 Hours
5. Seek Medical Attention - Even If You Feel Fine
This is the single most important step after the scene itself. If you didn't go to the emergency room from the scene, see a doctor within 24 hours of the accident - even if you feel relatively okay.
There are two reasons for this. The medical reason: many serious injuries, including whiplash, soft tissue damage, internal bleeding, and traumatic brain injuries, don't present obvious symptoms immediately. A medical evaluation creates a record and catches problems early.
The legal reason: a gap in medical treatment after an accident gives insurance adjusters their most effective argument against your claim. They will argue that if you were really injured, you would have sought treatment immediately. The longer the gap between the accident and your first medical visit, the harder your claim becomes to defend.
Document your injuries in writing. Write down every symptom, when it started, and how it affects your daily functioning. Keep doing this throughout your recovery.
6. Notify Your Own Insurance Company
California law requires prompt notification of your insurer after an accident. Review your policy's notification requirements - failing to notify your insurer promptly can affect coverage in some circumstances.
Here is the critical distinction: notify your insurer. Do not give a recorded statement to the other driver's insurer without first consulting an attorney. The other driver's insurance company is not working in your interest. Their adjuster's job is to minimize the amount they pay you. A recorded statement taken before you know the full extent of your injuries - before you've been evaluated by a doctor, before you understand your legal rights - can significantly damage your claim.
You have no legal obligation to give a recorded statement to the adverse insurer, and you should not do so without legal counsel.
Days 2 Through 72
7. Follow Through on Medical Treatment
Gaps in medical treatment are one of the primary ways personal injury claims lose value. Insurance adjusters track the timeline of your medical care. Missed appointments, inconsistent treatment, or unexplained gaps in care are used to argue that you weren't as injured as you claimed, or that your injuries resolved before the treatment you're claiming was necessary.
Follow your doctor's instructions. Attend all scheduled appointments. If you're referred to a specialist, go. Keep copies of all medical records, bills, and correspondence with healthcare providers.
8. Document Your Economic Losses
A personal injury claim is not just about physical pain - it's about the total impact of the accident on your life. Document everything that has cost you money or time:
- Lost wages: get documentation from your employer of the hours and pay you've missed
- Medical bills: keep every bill, EOB, and receipt related to treatment
- Transportation costs: to and from medical appointments
- Out-of-pocket expenses: prescriptions, medical equipment, modifications to your home or vehicle
- Household services you can no longer perform
9. Consult with a Personal Injury Attorney
The 72-hour window isn't a deadline - California's statute of limitations for personal injury under Code of Civil Procedure § 335.1 is two years from the date of injury. But early consultation with an attorney is important for several reasons: evidence preservation, insurance company management, and understanding your options before you make decisions that are difficult to undo.
Most personal injury attorneys, including our firm, offer initial case evaluations and work on contingency - meaning you pay nothing in attorney fees unless we recover for you. Case costs and expenses may apply separately.
The first 72 hours after an accident set the foundation for whatever comes next. The steps above aren't complicated, but they require awareness to execute under stress. If you've been in an accident in California and have questions about your options, we're available to help.
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