You crashed your car in California. You are hurt, your car needs repairs, and the other driver was at fault. Now you need to file insurance claims and get paid what you’re owed.
This guide tells you exactly what to do, say, and look out for at each step of the claims process. To protect your rights and get the most money back, do these things.
The First 72 hours: What To Do Immediately
What you do in the first three days affects everything that comes after. Do these steps correctly. Call 911 and ask for a police report. In California, the police must file a report for accidents that hurt or killed someone.
A police report is an official record of what happened, even if the accident only caused damage to property. Before the police leave the scene, make sure to write down the report number. Write down everything that happens at the scene.
Take pictures of all the damage to the cars, the place where the accident happened, the traffic lights, the skid marks, and any injuries you can see. Gather the insurance and contact information for all the drivers involved.
For a complete checklist, see our guide: What Photos Should I Take After a Car Accident?
Obtain the names and phone numbers of people who saw what happened. Get medical help within 24 hours. Go to the doctor even if you feel fine.
Some injuries don’t show symptoms for days, and gaps in medical care give insurance companies a reason to deny your claim. Your medical records are the first step in keeping track of your injuries.
Notify Your Own Insurance Company First
Call your insurer within 24 to 48 hours of the accident. Most policies require prompt notification, and delay can give them grounds to complicate your claim.
What to say in that first call: Provide basic facts only. Give your name, policy number, date and location of the accident, and the other driver’s information. State that you are receiving medical care. Do not speculate about fault, do not describe your injuries in detail, and do not say you are “fine.”
What not to say: Avoid apologising, guessing about speeds or distances, or discussing what you could have done differently. Any of these statements can be used to reduce your claim later.
Request a claim number and write down the adjuster’s name and direct phone number. You will need these for every future communication.
Decide Which Claims To File
California operates as a fault state, meaning the driver who caused the accident pays for damages. You have two paths to compensation, and you can pursue both simultaneously.
Third-party claims go against the at-fault driver’s liability insurance. This is your primary source of compensation for medical bills, lost wages, pain and suffering, and property damage. You pay no deductible, and your own premiums are unaffected.
First-party claims go through your own policy. These include collision coverage for vehicle repairs, medical payments coverage for immediate medical bills, and uninsured or underinsured motorist coverage if the at-fault driver lacks adequate insurance.
The smart strategy: Use your own coverage for immediate needs while building your third-party claim. Fix your car through collision coverage so you are not waiting for the other insurer to accept fault. Use medical payments coverage to stay current on treatment bills. Then pursue the at-fault driver’s liability coverage for full compensation once your medical situation stabilises.
How To File a Third-Party Liability Claim
Contact the at-fault driver’s insurance company to open a claim.
You will need their policy number, which should be on the police report or exchanged at the scene.
Provide only essential information.
State that the insured caused an accident, give the date and location, and say you have damages you intend to claim. Do not provide a detailed statement or answer probing questions at this stage.
Decline recorded statements.
The other driver’s insurer will almost certainly ask for one. You are not legally required to provide it. Politely decline by saying you prefer to communicate in writing or that you will provide information once you have consulted with an attorney.
Document every communication.
Write down the date, time, and name of every person you speak with. Follow up phone calls with emails confirming what was discussed. This paper trail protects you if disputes arise later.
California’s Claim Processing Deadlines
State regulations impose specific timelines on insurers. Knowing these helps you recognise when an insurer is stalling.
15 days to acknowledge your claim. Under California Code of Regulations Title 10, Section 2695.7, insurers must acknowledge receipt of your claim and begin their investigation within fifteen calendar days.
40 days to accept or deny. After receiving all necessary documentation, the insurer has forty days to make a coverage decision. If investigation continues beyond this period, they must provide written status updates every thirty days.
30 days to pay after acceptance. Once a claim is approved, payment must issue within thirty days.
If an insurer misses these deadlines without valid explanation, document the delay. It may constitute bad faith, which opens the door to additional remedies.
What Documentation To Gather
Strong documentation accelerates your claim and maximises your settlement. Compile these materials as your claim progresses.
Medical records from every provider who treated you, including emergency rooms, urgent care, specialists, physical therapists, and your primary care physician. Request complete records, not just billing summaries.
All medical bills and explanations of benefits. These quantify your economic damages. Keep copies of every bill, even those covered by health insurance.
Lost wage documentation. Get a letter from your employer stating your hourly rate or salary, normal work schedule, and dates missed due to the accident. Self-employed individuals need tax returns, profit and loss statements, and client contracts showing lost income.
Vehicle repair estimates from at least one body shop. If your car was totalled, gather evidence of comparable vehicle values from dealer listings and valuation guides.
A personal journal documenting daily pain levels, limitations on activities, emotional impacts, and how your injuries affect your life. This supports non-economic damage claims.
Talking To Adjusters: The Rules
Every word you say to an insurance adjuster can affect your claim. Follow these rules in every interaction.
- Stick to facts, not opinions. State what happened without speculating about cause, speed, or fault. “The other vehicle entered the intersection” is factual. “He must have been speeding” is speculation that can backfire.
- Never say you are fine or okay. Adjusters ask how you are doing to establish that your injuries are minor. Respond that you are receiving medical treatment and will provide documentation of your injuries through proper channels.
- Do not discuss daily activities. Questions about whether you returned to work, attended social events, or resumed hobbies are designed to minimise your claimed limitations. Refer all questions about your condition to your medical records.
- Avoid recorded statements with the other driver’s insurer. You have no legal obligation to provide one. These recordings exist to find inconsistencies and admissions that reduce your claim. If pressed, say you will provide a written statement instead.
- Never sign medical authorisations. Adjusters may ask you to sign a blanket release for medical records. This gives them access to your entire medical history, including unrelated conditions they can use against you. Provide only records directly related to accident injuries, and only after reviewing what you are releasing.
How To Recognise a Lowball Offer
Insurance companies make low initial offers to test whether you know your claim’s value. Learn to spot these tactics.
Offers that arrive too quickly. If an offer comes within days of your accident, before you have finished treatment or fully documented your damages, the insurer is trying to lock you in before you understand what you are owed.
Offers below your documented medical expenses. Any offer that does not fully cover your out-of-pocket medical bills is presumptively inadequate. Your claim also includes lost wages, future medical costs, and non-economic damages.
Offers with artificial deadlines. Adjusters may pressure you to accept within five to ten days. These deadlines are negotiating tactics, not legal requirements. Take the time you need to evaluate the offer properly.
Adjusters who dismiss your medical treatment. Comments like “we don’t pay for chiropractic care” or “those bills seem excessive” signal an attempt to undervalue your claim. Your medically necessary treatment should be compensated regardless of the adjuster’s opinion.
Offers below seventy percent of documented damages. Industry guidance suggests offering this low-warrant professional review. The insurer is not negotiating in good faith.
See: Why You Should Not Accept An Insurance Lowball Offer?
How To Negotiate Effectively
Negotiation is expected. Follow this process to work toward fair compensation.
Calculate your minimum acceptable amount before negotiating. Add your economic damages (medical bills, lost wages, property damage) and a reasonable multiplier for pain and suffering based on injury severity. Keep this number private.
Reject inadequate first offers in writing. Send a brief letter stating that the offer does not fairly compensate your documented losses. Request that the adjuster explain how they arrived at their number and what documentation they reviewed.
Counter with a specific number and supporting evidence. Your counteroffer should include an itemised breakdown of your damages with attached documentation. Do not reduce your demand by more than five to ten percent in initial counteroffers.
Be patient through multiple rounds. Most claims require several rounds of offers and counteroffers before reaching an agreement. Each exchange should narrow the gap between positions.
Know when negotiations have stalled. If the adjuster refuses to move meaningfully after multiple documented counteroffers, continued negotiation wastes time. Consider escalating to a formal complaint or litigation.
When To Escalate Beyond Negotiation
Some claims cannot be resolved through direct negotiation. Recognise when it is time to take additional steps.
- File a complaint with the California Department of Insurance if the insurer violates claims handling regulations. Unreasonable delays, failure to communicate, improper denials, and bad faith tactics all warrant complaints. File at insurance.ca.gov.
- Send a formal demand letter citing California law and outlining the consequences of continued underpayment. This signals that you understand your rights and are prepared to pursue them.
- Consult an attorney if your injuries are serious, liability is disputed, or negotiations have stalled. Studies by the Insurance Research Council indicate that claimants with legal representation recover significantly higher settlements than those negotiating alone.
- File a lawsuit before the statute of limitations expires. Code of Civil Procedure Section 335.1 gives you two years from the accident date for personal injury claims. Filing an insurance claim does not pause this deadline. Many cases settle after lawsuit filing but before trial.
Using Your Own Coverage Strategically
First-party claims through your own policy can solve immediate problems while your third-party claim develops.
Collision coverage repairs or replaces your vehicle without waiting for liability determination. You pay your deductible upfront. Your insurer can then pursue the at-fault driver’s insurer through subrogation to recover that deductible on your behalf.
Medical payments coverage helps with immediate medical bills regardless of fault. This coverage typically carries no deductible and provides quick assistance with out-of-pocket costs like co-pays, deductibles, and treatment expenses.
Uninsured motorist coverage compensates you when the at-fault driver has no liability insurance. Your own policy stands in for what the uninsured driver should have paid. You must prove the other driver’s uninsured status through DMV records or insurer confirmation.
Underinsured motorist coverage supplements inadequate third-party coverage. After exhausting the at-fault driver’s policy limits, your UIM coverage pays the difference up to your own policy limits. Get written consent from your own insurer before settling with the at-fault driver’s company to preserve your UIM rights.
Common Mistakes That Damage Claims
Avoid these errors that frequently reduce claim values or result in denials.
- Delaying medical treatment gives insurers grounds to argue your injuries are not serious or were caused by something other than the accident. Seek care promptly and follow through with all recommended treatment.
- Posting on social media provides insurers with evidence to challenge your claimed limitations. Photos showing physical activity, check-ins at events, or posts about feeling better can all be used against you. Assume adjusters are watching your profiles.
- Accepting the first offer almost always means leaving money on the table. First offers are starting points for negotiation, not fair valuations of your claim.
- Signing releases before understanding them. Settlement releases typically waive all future claims related to the accident. Once signed, you cannot seek additional compensation even if your condition worsens. Review any release carefully before signing.
- Missing deadlines. The two-year statute of limitations is absolute. Policy notification requirements are contractual obligations. Claims processing deadlines trigger insurer duties. Track every applicable deadline and act before they pass.
Protecting Yourself Throughout The Process
Maintain these practices from accident through settlement.
- Keep copies of everything. Every document, every bill, every communication should be preserved. Create a dedicated folder for your claim materials.
- Communicate in writing whenever possible. Email creates automatic documentation. If you must speak by phone, follow up with an email summarising the conversation.
- Be honest but strategic. Never misrepresent facts, but do not volunteer information that is not requested. Answer questions directly without elaboration.
- Stay calm and professional. Frustrating as the process can be, losing your temper damages your credibility. Adjusters document claimant behaviour and factor it into their assessments.
Contact The Injury Firm Today
If you get into a car accident in California, you need to know what to do, what to say, and what to look out for at each step of the insurance claims process. The things you do in the first few days and weeks will have a direct effect on how well you recover.
Insurance companies hire teams of experts to help them pay as little as possible. This guide makes things fair, but in some cases, you need experienced advocates on your side.
The Injury Firm has helped thousands of people in California with car accident claims. We know what insurance companies do and how to fight back against them.
Call (949) 575-8875 now or complete our secure online form for a free case evaluation. Let us review your situation and help you develop a strategy for getting the compensation you deserve.
Frequently Asked Questions (FAQs) About Car Accident Insurance Claims in California
What should I do in the first 24 to 48 hours after a car accident to protect my insurance claim?
Call 911 and secure a police report, photograph all vehicle damage, the accident scene, traffic signals, and any visible injuries, and collect insurance and contact information from all involved drivers and witnesses.
Seek medical attention within 24 hours even if you feel fine, as some injuries take days to show symptoms and gaps in early treatment give insurers grounds to question your claim. Notify your own insurance company promptly, as most policies require notification within a reasonable time after the accident.
See: What To Do After a Car Accident in California (Step-by-Step)
What is the difference between a first-party and third-party insurance claim?
A third-party claim goes against the at-fault driver’s liability insurance and is your primary path to compensation for medical bills, lost wages, pain and suffering, and property damage. A first-party claim goes through your own policy and can include collision coverage for vehicle repairs, medical payments coverage for immediate treatment costs, and uninsured or underinsured motorist coverage when the at-fault driver lacks adequate insurance.
A practical approach is to use your own coverage for immediate needs while building your third-party claim, then pursue the at-fault driver’s insurer once your medical situation stabilizes.
Am I required to give a recorded statement to the other driver’s insurance company?
No. You are not legally required to provide a recorded statement to the at-fault driver’s insurer. Politely declining is well within your rights. These recordings are designed to identify inconsistencies or elicit admissions that can be used to reduce your claim.
If the adjuster presses for one, you can state that you prefer to communicate in writing or that you will provide information after consulting with an attorney.
How do I recognize if an insurance company is making a lowball settlement offer?
Several warning signs indicate an inadequate offer. Offers that arrive within days of the accident before your treatment is complete cannot account for your full damages. Any offer that fails to cover your documented medical expenses is presumptively too low, as your claim also includes lost wages, future medical costs, and non-economic damages.
Be wary of artificial deadlines pressuring you to accept quickly, as these are negotiating tactics with no legal force, and watch for adjusters who dismiss or minimize your medical treatment as a signal that they are undervaluing your claim.
What deadlines apply to my California car accident insurance claim?
California regulations require insurers to acknowledge your claim within 15 calendar days, accept or deny it within 40 days of receiving all necessary documentation, and issue payment within 30 days of accepting the claim.
Separately, California Code of Civil Procedure Section 335.1 gives you two years from the accident date to file a personal injury lawsuit, regardless of where your insurance negotiations stand.
Property damage claims have a three-year deadline under CCP Section 338, and accidents involving government vehicles require an administrative claim within six months under the Government Claims Act. Filing an insurance claim does not pause any of these legal deadlines.
This information is for educational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. For personalised legal guidance, contact The Injury Firm for a free consultation.
