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What to do after a car accident in Los Angeles: a step-by-step guide

What to do after a car accident in Los Angeles: a step-by-step guide

Knowing what to do after a car accident in Los Angeles can be the difference between a full recovery and a fraction of what you deserve. California is a fault state, which means the driver responsible for the crash is also responsible for your medical bills, lost wages, and other damages. But that accountability doesn't happen automatically. The steps you take in the minutes, hours, and days after the collision directly shape the strength of your claim.

This guide walks through every stage: what to do at the scene, how to protect your case in the first 72 hours, what insurance companies are doing on their end, and specific considerations for military service members navigating TRICARE and civilian claims simultaneously.

Key takeaways

Call 911 even if injuries seem minor — a police report is one of the most important documents in a California car accident claim.

Never give a recorded statement to any insurance adjuster before speaking with an attorney.

TRICARE will likely assert a lien against your settlement — but that lien can often be negotiated down significantly with the right legal representation.

Symptoms from traumatic brain injuries and spinal injuries sometimes appear days after the crash; seeking medical care immediately protects both your health and your claim.

What to do at the scene

The actions you take in the first few minutes after a crash in Los Angeles set the foundation for everything that follows. Move to safety if possible, call 911, and do not leave the scene. California Vehicle Code Section 20001 requires drivers to stop and exchange information after any accident involving injury — leaving is a criminal offense.

While you wait for law enforcement:

Check yourself and passengers for injuries. Do not assume you are uninjured because you feel adrenaline. Spinal injuries and traumatic brain injuries often present with delayed symptoms.

Call 911. Request both police and emergency medical services. A police report documents the scene, the parties involved, and initial observations about fault.

Do not apologize or admit fault. California uses a comparative negligence system. Anything you say at the scene can be used to reduce your recovery.

Document everything you can. Photograph the vehicles, the road, traffic signals, skid marks, weather conditions, and any visible injuries. If there are witnesses, get their names and phone numbers.

Get the other driver's information. Name, license number, insurance carrier, policy number, and vehicle registration.

Seek medical evaluation. Even if you decline ambulance transport, go to an emergency room or urgent care within 24 hours. A gap in medical care is one of the first things insurance defense teams exploit.

Image suggestion: Aerial view of a multi-lane Los Angeles intersection showing post-collision vehicle positions and emergency response Alt text: Car accident scene on Los Angeles street with emergency vehicles, illustrating steps after a crash in LA

Steps after a car accident in Los Angeles: the first 72 hours

The 72 hours after a crash in Los Angeles are when critical evidence disappears and insurance companies begin building their defense. Acting quickly on each of these steps protects the integrity of your claim under California law.

California operates under a two-year statute of limitations for personal injury claims under Code of Civil Procedure Section 335.1. That window sounds long. It isn't — not when you factor in the time needed to gather medical records, retain expert witnesses, and build a demand package that reflects the full scope of your damages.

Notify your own insurance company. California law requires you to report accidents promptly. This is not the same as giving a recorded statement — report the fact of the accident, nothing more.

Do not give a recorded statement to the other driver's insurer. Adjusters are trained to ask questions that elicit answers they can use to minimize your payout or shift comparative fault onto you. You have no legal obligation to give a recorded statement to an adverse insurer. Politely decline and consult an attorney first.

Preserve evidence before it disappears. Surveillance footage from nearby businesses is typically overwritten within 30 to 72 hours. Accident reconstruction evidence at the scene changes as roads are repaired and vehicles are moved. An attorney can send spoliation letters immediately — legal notices that obligate parties to preserve evidence relevant to your claim.

Continue all medical treatment. Follow every appointment, fill every prescription, and document every symptom. Insurance companies monitor gaps in treatment as evidence that injuries were not serious. Your medical records are the backbone of your damages calculation.

Keep a recovery journal. Write down daily how your injuries affect your work, sleep, physical activity, and relationships. Non-economic damages like pain and suffering and loss of enjoyment of life require documentation that goes beyond medical records.

What the insurance company is doing while you wait

Insurance adjusters assigned to your Los Angeles car accident claim are not working toward the same goal you are. Their job is to resolve your claim for as little as possible, as fast as possible — before you fully understand the extent of your injuries or your rights.

Here is what is happening on their end from the moment the claim is filed:

Liability investigation. The adjuster is reviewing the police report, photographing the vehicles, and interviewing witnesses — including the other driver. They are building a version of events that reduces their insured's liability percentage under California's comparative fault rules.

Medical record review. Insurers routinely request years of prior medical records looking for pre-existing conditions they can use to argue your current injuries were not caused by the crash. A herniated disc you had three years ago becomes a liability argument in their hands.

Social media surveillance. Photographs or posts showing physical activity after the accident are used to undermine injury claims. Lock down your social media accounts and do not post anything related to your physical condition or the accident.

Early settlement pressure. Many adjusters contact injured parties within days of the crash with a settlement offer. These offers are almost always a fraction of the case's actual value — made before you have completed medical treatment, before future costs are known, and before you have spoken with an attorney. Accepting early means releasing all future claims.

Trial-ready attorneys counter each of these tactics. When an insurer knows your attorney has 80+ jury trials behind them and a record that includes a $26.1 million traumatic brain injury verdict, the calculus on a lowball offer changes. You can review the firm's case results and verdicts to understand what that track record means for your claim.

Car accident checklist for military service members in California

If you are active duty, a veteran, or a military family member injured in a civilian car accident in California, you face a set of complications that most personal injury attorneys are not equipped to handle. The steps after a crash in Los Angeles look different when TRICARE is involved.

TRICARE will assert a lien. If TRICARE paid for your emergency care or follow-up treatment after the accident, the federal government has a right to recover those costs from any settlement or verdict you receive. This is not optional. But the lien amount is not fixed. An attorney with TRICARE experience can negotiate that lien down, sometimes substantially, which directly increases your net recovery.

The concern is real and it is common: "I've already paid over a grand out of pocket and TRICARE is saying they're going to want their money back if I settle — so what's even the point?" The point is that without legal representation, you are likely to settle for less than the case is worth AND pay the full lien. With the right attorney, both numbers move in your favor.

Your civilian claim is separate from your military record. Filing a personal injury claim for an off-duty civilian accident does not affect your security clearance, your performance record, or your standing with your command. These are two entirely separate legal systems. A civilian tort claim has no reporting pathway to your chain of command and no mechanism to appear on a security clearance review. This is one of the most common fears military members have — and it is not how the law works.

Deployment and duty schedules can be accommodated. Attorneys who work with military clients regularly use remote depositions, accommodate duty hours for calls and meetings, and file for SCRA protections where applicable. You do not need to be available during duty hours to pursue a claim. The process can be structured around your obligations.

Coordinate your settlement with VA benefits. If you receive VA disability benefits, a personal injury settlement requires careful structuring to avoid unintended benefit reductions or tax complications. This is not a reason to avoid filing — it is a reason to work with an attorney who understands both systems.

The legal team at Faraj Law includes a retired Marine Corps Major and former JAG Senior Defense Counsel. That background is not a marketing line. It means the attorney across the table from you has worn the uniform, understands military culture, and does not need a briefing on how TRICARE works or why you have been putting this call off.

When to call a personal injury attorney

The right time to call a personal injury attorney after a Los Angeles car accident is before you give any statement to any insurance company. That is not an exaggeration.

For serious injuries — fractures, traumatic brain injuries, spinal injuries, soft tissue damage requiring surgery, or any injury keeping you from work — the value of early legal involvement is significant. Here is why:

Evidence preservation happens immediately. The moment an attorney is retained, spoliation letters go out. Surveillance footage is requested. Accident reconstruction experts are engaged if the liability picture is contested. This work cannot be done retroactively once evidence is gone.

You stop talking to adjusters. Once you have representation, all insurance communications go through your attorney. No more calls during duty hours. No more wondering whether what you said hurt your case. No more recorded statements.

The settlement math changes. Insurers track which law firms go to trial and which ones settle everything. Firms that never try cases receive lower offers because the insurer knows there is no credible threat of a jury verdict. Attorneys who have tried 80+ cases across military, federal, and state courts receive different offers — because the insurer knows the threat is real.

The contingency fee structure means there is no upfront cost. No retainer. No hourly billing. The attorney advances all case expenses — filing fees, expert witnesses, deposition costs, medical records — and recoups those costs only if the case succeeds. If there is no recovery, there is no fee. The standard fee is 33% of the settlement if the case resolves before a lawsuit is filed, and 40% if litigation becomes necessary.

For a free case evaluation with no obligation, contact Faraj Law. If you want to understand what the firm handles and how, the personal injury and car accident practice page covers the full scope.

Frequently asked questions

How long do I have to file a car accident claim in California?

California's statute of limitations for personal injury claims is two years from the date of the accident under Code of Civil Procedure Section 335.1. Claims against government entities require a government tort claim filed within six months. Missing these deadlines typically bars recovery entirely, regardless of how strong the underlying case is.

What if the other driver was uninsured or underinsured?

California law requires insurers to offer uninsured motorist and underinsured motorist coverage. If you have UM/UIM coverage on your own policy, you can make a claim against your own insurer for damages that exceed the at-fault driver's coverage limits. An attorney can review your policy and identify all available recovery sources, including any applicable umbrella policies.

Do I have to accept the first settlement offer from the insurance company?

No. The first offer is almost never the final or fair offer. Insurance companies make early offers before your medical treatment is complete and before the full extent of your damages is known. Accepting a settlement releases all future claims related to the accident. Once you sign, there is no going back — even if your condition worsens.

Will filing a car accident claim affect my security clearance if I am active duty military?

No. A civilian personal injury claim for an off-duty accident is a private civil matter with no reporting requirement to your chain of command and no connection to the security clearance process. The two systems are entirely separate. Military members have the same right to pursue compensation for civilian injuries as any other California resident.

What is a TRICARE lien and can it be reduced?

A TRICARE lien is the federal government's right to recover medical costs it paid on your behalf from any personal injury settlement. The lien is mandatory but the amount is negotiable. Attorneys experienced with military clients regularly negotiate TRICARE liens down, which increases the net amount you actually receive. The lien does not make a claim pointless — it makes experienced representation more important.

What you do next determines what you recover

Knowing what to do after a car accident in Los Angeles gives you a real advantage over the insurance company's timeline. The steps are clear: secure the scene, document everything, seek immediate medical care, preserve evidence, and get legal representation before you talk to any adjuster.

For military members, the path forward also means understanding TRICARE lien negotiation, protecting your career from unfounded fears, and finding an attorney who does not need the military explained to them. That combination is rare. It exists at Faraj Law.

The consultation is free. There is no obligation and no upfront cost. If you have a case worth fighting, you will know after the call — and so will we. Schedule your free case evaluation and find out exactly where your claim stands.