After a car accident, you may be in pain, missing work and getting calls from insurance adjusters. You don't have to sort it out alone. Steven Ibarra has worked in personal injury since 2003. He personally handles every case, from start to finish.
What to do after a crash
If you can, take these steps. They protect your health and your claim.
- Call 911 and get medical care. Some injuries, like concussions and back injuries, don't show up right away. Get checked the same day or as soon as you can.
- Take photos. Photograph the cars, the road, skid marks, traffic signals and your injuries.
- Get information. Write down the other driver's name, phone number, license plate and insurance. Get names and numbers of any witnesses.
- Don't argue about fault. Stay calm and stick to the facts. Don't apologize or guess about what happened.
- Report the crash. In many crashes, California requires you to file a report with the DMV within 10 days.
- Keep records. Save medical bills, receipts, pay stubs and notes about how you feel each day.
Dealing with insurance companies
The other driver's insurance company may call you quickly. The adjuster may sound friendly, but their job is to pay as little as possible. They often ask for a recorded statement, which is a taped interview about the crash and your injuries. Small mistakes or guesses in that statement can be used later to lower your claim.
You generally don't have to give a recorded statement to the other driver's insurer. Your own insurance policy is different. It usually requires you to cooperate with your own company. Before you talk to any adjuster, it helps to speak with a lawyer. Once we represent you, the insurers talk to us instead of you.
Also be careful about quick settlement offers. Once you accept, you usually can't ask for more, even if your injuries turn out to be worse than you thought.
What if you were partly at fault?
California uses a rule called comparative fault. It means you can still recover money even if you were partly to blame. Your recovery is reduced by your share of the fault. For example, if you were found 20% at fault, you could recover 80% of your damages. Insurers often try to push more blame onto you, so a careful investigation matters.
One important exception: under Proposition 213, a driver who had no car insurance at the time of the crash generally can't recover damages for pain and suffering, though they may still recover costs like medical bills and lost wages.
The damages you can recover
"Damages" means the money the law allows you to recover for your losses. They fall into two main groups:
- Economic damages: medical bills, future medical care, lost wages, lost ability to earn in the future, and car repair or replacement.
- Non-economic damages: pain, suffering, emotional distress, and the loss of enjoyment of daily life.
In rare cases, such as some crashes caused by drunk drivers, a court may also award punitive damages to punish very bad conduct. Every case is different, and we can't predict what yours is worth. We can explain the factors that matter after we learn about your injuries.
Uninsured and underinsured drivers
Many drivers carry only the minimum insurance, and some have none. On January 1, 2025, a new law (SB 1107) raised California's minimum liability limits to $30,000 per person, $60,000 per accident and $15,000 for property damage. The old limits were $15,000, $30,000 and $5,000. Read more in our post on California's higher minimum car insurance.
Even the new minimums may not cover a serious injury. That's where your own policy can help:
- Uninsured motorist (UM) coverage pays when the at-fault driver has no insurance, and in some hit-and-run crashes.
- Underinsured motorist (UIM) coverage can help when the at-fault driver's insurance isn't enough to cover your losses.
These claims are made against your own insurer, and they have their own rules and deadlines. They are often decided in arbitration, a private hearing instead of a court trial.
Deadlines that can end your case
Waiting too long can cost you your right to recover anything. Two deadlines matter most:
- Two years to file a lawsuit. In most California injury cases, you have two years from the date of the crash to file suit (Code of Civil Procedure § 335.1).
- Six months for a government claim. If a city bus, police car or other public vehicle hit you, or a dangerous public road caused the crash, you usually must file a written claim with the government agency within six months (Government Code § 911.2). You can't file a lawsuit until that claim is handled.
Other rules can apply to children and other special cases. Learn more in the two deadlines that can end your case.
Free consultation. No fee unless we recover.
Your first consultation is free. You pay no attorney's fee unless we recover money for you. Same-day appointments are available in person or by video.
Talk to a Whittier car accident lawyer
We help people hurt in crashes in Whittier, Pico Rivera, Downey, La Habra and nearby communities. See all the personal injury cases we handle, read our personal injury FAQs or learn about Steven Ibarra. When you're ready, contact us or call (562) 612-7806. We're available 24/7. Hablamos español.