Most California drivers file an auto insurance claim once or twice in their lives. Which means most California drivers do it wrong the first time — not in ways that ruin the claim, but in ways that leave money on the table.
Here's a step-by-step walkthrough of what to actually do, from the first minute after the crash to the final settlement.
At the scene: the first 30 minutes
1. Make sure everyone is safe
Pull over if possible. Turn on hazards. If there are injuries, call 911 first.
2. Call the police if anyone is hurt, there's significant damage, or fault is unclear
California law (CVC 20008) requires a written report (SR-1) within 24 hours for any accident with injury, death, or property damage over $1,000. A police report makes that easier and creates an objective record.
3. Document everything before anyone moves
- Photos of all vehicles from multiple angles, including license plates
- Photos of the wider scene (intersections, signs, skid marks)
- Photos of any visible injuries (yours)
- Photos of the other driver's insurance card and driver's license
- Names and phone numbers of any witnesses
4. Do NOT admit fault, apologize for the crash, or speculate
Anything you say can be used against you by the other driver's insurance company. 'I'm so sorry, I didn't see you' becomes an admission of fault. Stick to facts: 'Are you okay? Can I get your insurance information?'
5. Don't accept cash on the spot
Other drivers sometimes offer cash to keep it off insurance. The damage often turns out to be more than the cash. Worse, internal injuries can show up days later. File a claim.
In the first 24 hours
Call your insurance company
Even if you think the other driver is fully at fault, call your own carrier. They open a file, advise you, and start the process of contacting the other carrier on your behalf. Most policies require prompt reporting.
File the SR-1 with the DMV if required
If anyone was injured or property damage exceeds $1,000, you must file an SR-1 within 10 days. Your insurance agent can help with this.
Don't post about the accident on social media
Adjusters and defense attorneys check. A 'lucky to be alive!' Instagram story has tanked plenty of injury claims.
In the first week
Get a medical evaluation, even if you feel fine
Soft tissue injuries (whiplash, back strain) often take 24 to 72 hours to show up. If you wait two weeks and then mention pain, adjusters will argue the injury isn't from the accident. Document any symptoms immediately.
Get repair estimates
In California, you get to choose your repair shop. You're not required to use the insurer's preferred shop. Get 2 to 3 estimates if the damage is significant.
Decide whether to file under your own policy or theirs
If the other driver is clearly at fault and has solid liability coverage, filing against their policy avoids any impact on your own. But it can be slower. Your own carrier may pay you quickly and then 'subrogate' (recover the cost) from the other carrier.
Working with the adjuster
Be polite, factual, and brief
The adjuster's job is to close the claim for as little as possible. They are not your friend or your enemy. Give them what they need, no more.
Don't give a recorded statement to the OTHER driver's insurance company without preparation
You're not required to. They can frame questions in ways that hurt your claim. If they push, talk to your agent or a lawyer first.
Track every expense
Rental car, missed work, towing, medical visits, prescription costs. Everything that came from the accident is potentially compensable.
Total loss vs. repair
If repair cost exceeds about 75 percent of the car's actual cash value, California insurers typically declare it a total loss. They pay you the pre-accident value, not what you owe on the loan.
If you owe more than the car is worth and you don't have gap coverage, you'll write a check for the difference. This is exactly what gap insurance prevents.
When negotiating a total loss settlement, the insurer's first offer is rarely their best. Pull comparable listings (Kelley Blue Book, local used-car listings) for cars in similar condition and push back with data.
Common mistakes that cost real money
- Signing a release before all medical issues have resolved
- Accepting the first total-loss offer without comparables
- Letting the insurer steer you to their preferred shop without a second estimate
- Forgetting to claim diminished value (your car is worth less even after repairs)
- Not filing for rental coverage when your policy includes it
- Settling injury claims before you've finished treatment
Diminished value: the claim most people miss
A car with a major accident on its history is worth less than an identical car with a clean Carfax, even after perfect repairs. That difference is real, and in California you can claim it from the at-fault driver's insurance.
Typical diminished value claims for a moderately damaged 3- to 5-year-old vehicle: $1,500 to $5,000. It's a separate calculation from repair cost and the insurer almost never volunteers it.
When to involve an attorney
For property-damage-only claims with clear fault, you usually don't need one. For claims involving any meaningful injury, disputed fault, or an insurer that's stonewalling, the consultation is free and most attorneys work on contingency.
If you're in the middle of a claim and something feels off, call us. We'll review where you are and tell you honestly whether you need help.
Written by
ACIAI Team
Licensed California Insurance Agents
The ACIAI editorial team — a group of licensed California agents helping families navigate auto, home, life, and business insurance across the Central Coast.
