★ QUICK ANSWER To file a personal injury claim in California: (1) get medical attention immediately, (2) document the scene and preserve evidence, (3) report the accident correctly — including filing a California SR-1 form within 10 days if anyone was injured, (4) do not give recorded statements or accept early settlement offers, (5) consult a personal injury attorney, (6) follow all medical treatment, (7) build and submit a demand package once treatment is complete, and (8) negotiate a settlement or file a lawsuit before the two-year statute of limitations expires. If a government vehicle was involved, you have only six months to file a government tort claim.
Most Californians who file a personal injury claim make at least one mistake in the first 72 hours that reduces — or destroys — the value of their case. Not because they are careless people, but because the insurance company they are dealing with has been through this thousands of times and they haven’t.
This guide is organized the way a real accident unfolds: what to do at the scene, in the first 24 hours, in the first week, in the first month, and as your case develops toward settlement or lawsuit. Each step includes the specific mistake that commonly derails claims at that stage.
California personal injury law has several deadlines. Missing any one of them can permanently bar your claim — regardless of how strong the underlying case is.
Claim Type
Deadline
Standard personal injury lawsuit
2 years from date of injury — CCP § 335.1
Government entity involved (city bus, public school, Caltrans, LACMTA)
6 months to file government tort claim — Gov. Code § 911.2 Then 6 months after rejection to file lawsuit
SR-1 form filed with CA DMV
10 days from accident if anyone injured or property damage > $1,000 — CVC § 16000
Minor plaintiff (under 18)
2 years from 18th birthday — CCP § 352 (6-month govt. claim deadline still applies)
Wrongful death claim
2 years from date of death — CCP § 335.1
Property damage only
3 years — CCP § 338
The government entity deadline is the one that catches most people by surprise. If you were injured by an LACMTA bus, a Caltrans vehicle, a city-owned vehicle, a public school bus, or at a government facility, the standard two-year rule does NOT apply. You have six months. Not two years. Six months from the date of the accident to file a formal government tort claim. Miss it by one day and your right to sue is permanently extinguished.
1
At the Scene — Seek Medical Attention Immediately
The first and most important action after any accident is to get medical evaluation — even if you feel fine. This is not overcaution. It is the foundation of your entire claim. Adrenaline suppresses pain. Many serious injuries — soft tissue damage, concussions, internal bleeding, herniated discs — do not produce obvious symptoms at the scene. Symptoms often emerge 24 to 72 hours later. If your first medical record is from three days after the accident, the insurance adjuster will argue the accident didn’t cause your injuries, or that you weren’t seriously hurt. What to tell the doctor: Describe exactly how the accident occurred and every part of your body that feels wrong — even if it seems minor. Vague or incomplete complaints in the initial record become arguments against you later.
⚠ CLAIM-KILLING MISTAKE #1: Leaving the scene without medical documentation. “I felt fine so I didn’t go to the doctor” is one of the most common things adjusters use to devalue claims. It doesn’t matter that you felt fine — what matters is what the record shows. A $0 medical bill on the date of accident is evidence the adjuster will use against you for the life of the claim.
2
At the Scene — Document Everything
Evidence at the accident scene is perishable. Skid marks are washed away. Surveillance footage is overwritten. Witnesses leave and forget. The photos you take on your phone in the first 15 minutes may be the most important evidence in your case. Photograph: every vehicle involved (all four sides, close-ups of damage), the overall accident scene, your visible injuries, the road conditions (wet, debris, potholes), traffic signals and signage, and any hazards that contributed to the accident. Collect: every other driver’s name, contact information, license plate, driver’s license number, insurance company, and policy number. Photograph their insurance card. Witnesses: get full names and phone numbers for every person who saw what happened. Witnesses are far harder to locate even two weeks later. Police report: request the report number and the officer’s name. The police report is not conclusive on liability but it is the official contemporaneous record of the accident.
⚠ CLAIM-KILLING MISTAKE #2: Apologizing or admitting fault at the scene. Anything you say at the scene — even “I’m sorry, I didn’t see you” — can be used as an admission of fault. California’s comparative fault rules mean any percentage of fault attributed to you reduces your recovery proportionally. Stay calm, be cooperative with police, and limit what you say to factual descriptions of what happened.
3
Within 10 Days — Report the Accident Correctly
Several reporting obligations arise immediately after a California accident. Missing any of them creates problems. Law enforcement: If police did not respond to the scene, you can report the accident to the local police department or CHP. A police report creates an official record. California SR-1 form: California Vehicle Code § 16000 requires you to file a Report of Traffic Accident (SR-1) with the California DMV within 10 days if the accident resulted in any injury, death, or property damage over $1,000. This is separate from the police report. Download and file at dmv.ca.gov. Failure to file can result in suspension of your driver’s license. Your own insurance company: Notify your own carrier promptly — this is required by your policy and activates your own MedPay and UM/UIM coverage if needed. Important: notify them that an accident occurred. Do not give them a detailed recorded statement about your injuries at this stage without speaking to an attorney first. Government entity — file immediately: If a government vehicle was involved, do not wait. The six-month government tort claim deadline under Government Code § 911.2 begins on the date of the accident and cannot be extended by delay.
⚠ CLAIM-KILLING MISTAKE #3: Missing the SR-1 filing or the government claim deadline. Most accident victims don’t know the SR-1 exists. Missing it can result in license suspension — and discovering your license was suspended after the accident can complicate your claim. The government claim deadline is even more severe: missing it by one day permanently bars your lawsuit with no exceptions for ignorance of the rule.
4
Immediately — Do Not Give Recorded Statements or Accept Early Offers
Within hours or days of the accident, you will likely receive calls from the at-fault driver’s insurance company. They will sound helpful. They will say they just need a quick statement to process your claim. They will sometimes offer a settlement before you even know the full extent of your injuries. Do not do any of the following before consulting an attorney: Give a recorded statement to the at-fault driver’s insurer. You are not legally required to do so. Recorded statements are designed to lock you into an account of your injuries before you know their full extent — and to elicit damaging admissions about your own conduct.Sign a medical authorization giving the insurer access to your full medical history. They are looking for pre-existing conditions to blame your current injuries on.Accept any settlement offer or sign any release. Once you sign a release, your claim is over — permanently — regardless of what you discover later about your injuries.Post about the accident on social media. Insurance adjusters routinely monitor claimants’ social media accounts. A photo of you at a party, a post about going for a hike, or even a comment that you’re “doing okay” can be used to dispute your injury claims.
⚠ CLAIM-KILLING MISTAKE #4: Accepting the first settlement offer. Early offers — especially those made before you have finished treatment — almost never reflect the true value of the claim. They are made when the insurer’s leverage is highest: you are in pain, you have bills, and you don’t know what you’re entitled to. Accepting any offer before your injuries have stabilized and been fully documented forfeits your right to any additional compensation, forever.
5
As Soon as Possible — Consult a California Personal Injury Attorney
Most California personal injury attorneys offer free consultations and work entirely on contingency — meaning you pay nothing unless they recover money for you. There is no financial risk to consulting one. What an attorney does immediately after retention that you cannot do yourself: Sends letters of representation to every insurer, cutting off direct adjuster contact with you immediatelyIssues spoliation letters requiring preservation of surveillance footage, black box data, driver logs, and other evidence that disappears quicklyIdentifies all potentially liable parties and all available insurance coverage — including layers most claimants never find (umbrella policies, employer liability, UM/UIM coverage)Files any required government tort claim within the six-month deadlineConnects you with medical providers who will treat on a lien — meaning no upfront payment required while your case is pending For a complete breakdown of your legal entitlements under California law, see: Car Accident Compensation in California: What You’re Entitled to Claim
⚠ CLAIM-KILLING MISTAKE #5: Waiting too long to hire an attorney. The single most time-sensitive action in a personal injury claim is hiring an attorney who can preserve evidence and file required claims before deadlines expire. Every week of delay allows surveillance footage to be overwritten, witnesses to forget details, and insurance companies to build their defense. Most attorneys will tell you: cases we receive on Day 3 are in much better shape than cases we receive on Day 90.
6
Throughout Treatment — Follow Medical Recommendations Consistently
The most important thing you control during the active claims phase is your medical treatment record. How consistently you treat determines how much pain and suffering you are compensated for — and how much credibility your claim has. Attend every scheduled appointment. Missed appointments are documented in your records and adjusters use them to argue your injuries resolved or weren’t serious.Follow every prescription, referral, and treatment recommendation. Failure to comply with recommended treatment — especially surgery referrals — is used to argue you failed to mitigate your damages.Tell your doctors the truth about your symptoms at every appointment. Inconsistencies between what you tell your lawyer and what appears in your medical records are damaging.Keep a personal pain journal. A daily record of your symptoms, limitations, and how the injury is affecting your life creates the narrative for non-economic damages that no medical record fully captures. Do not settle before reaching maximum medical improvement (MMI) — the point at which your treating physicians believe your condition has stabilized. Settling before MMI means agreeing to a number before you know your full damages. For more on how treatment records affect value, see: How Insurance Companies Actually Calculate Personal Injury Settlements in California
⚠ CLAIM-KILLING MISTAKE #6: Gaps in medical treatment. A two-month gap between treatment appointments is one of the most common reasons adjusters reduce or deny claims. It doesn’t matter that you had a legitimate reason — couldn’t afford it, took a vacation, work was busy. The gap in your record becomes the adjuster’s argument that you recovered. Document every reason for any treatment delay in writing with your doctor.
7
After MMI — Build and Submit the Demand Package
Once your treating physicians determine you have reached maximum medical improvement, your attorney compiles the complete demand package and sends it to the at-fault insurer. This is when your claim transitions from the medical phase to the legal-negotiation phase. The demand package includes: Complete medical records from every treating providerAll medical bills (past and projected future)Lost wage documentation — pay stubs, employer verification, tax recordsExpert reports where applicable — vocational expert, life care planner, forensic economistA detailed liability narrative with supporting evidenceA damages narrative describing how the injury has affected your daily life, relationships, and futureA specific settlement demand amount Under California’s Fair Claims Settlement Practices Regulations (10 CCR § 2695.7), the insurer has 40 calendar days from receiving proof of claim to accept or deny the claim. Failure to respond within this period is a regulatory violation.
8
Negotiate a Settlement or File a Lawsuit
Most California personal injury cases settle during negotiation — without ever going to trial. The demand package initiates a back-and-forth between your attorney and the insurer’s adjuster that typically concludes in a settlement most clients receive within 6 to 18 months of the accident for straightforward cases. If the insurer refuses to offer fair value — which happens in cases with disputed liability, catastrophic injuries, or bad-faith carriers — your attorney files a lawsuit. The lawsuit itself creates powerful settlement pressure: the insurer must now pay litigation costs, face discovery, and risk a jury verdict that can exceed their policy limits. The lawsuit must be filed before the statute of limitations expires — generally two years from the date of injury (CCP § 335.1). Your attorney will file well before that deadline if negotiations are not progressing. For the full legal procedure after a lawsuit is filed, see: Timeline of a Personal Injury Case in California
All reasonable and necessary treatment from the accident date to present — ER, surgery, imaging, physical therapy, prescriptions.
Medical expenses (future)
Projected lifetime cost of ongoing care — requires life-care planner testimony for serious injuries. Often the largest single component.
Lost wages
Income lost during recovery — documented by employer records and tax history.
Lost earning capacity
Permanent reduction in career earnings caused by the injury — calculated by vocational and economic experts.
Pain and suffering
Physical and mental suffering under CACI 3905A. No cap in California personal injury cases. Calculated by multiplier or per diem method.
Emotional distress
Anxiety, depression, PTSD, and psychological harm from the accident and injury.
Loss of enjoyment of life
Permanent reduction in ability to engage in activities that gave your life meaning.
Punitive damages
Available when the defendant acted with malice or conscious disregard for safety — drunk driving, reckless conduct.
Frequently Asked Questions
Q: How long do I have to file a personal injury claim in California?
Two years from the date of injury for most claims (CCP § 335.1). Six months to file a government tort claim if a public entity is involved (Gov. Code § 911.2). Ten days to file an SR-1 with the DMV if anyone was injured or property damage exceeded $1,000 (CVC § 16000). For a full breakdown of all applicable deadlines, see: How Long Do I Have to File My Personal Injury Claim in California?
Q: Do I need a lawyer to file a personal injury claim in California?
You are not required to hire an attorney. However, Insurance Research Council data shows represented claimants recover approximately 3.5 times more than unrepresented claimants, net of attorney fees. For any claim involving significant injuries, a commercial vehicle, a government defendant, or disputed liability, representation is almost always worth more than it costs. Most California personal injury attorneys work on contingency — no fee unless they recover money for you.
Q: What is the SR-1 form and do I need to file it?
California Vehicle Code § 16000 requires you to file a Report of Traffic Accident (SR-1) with the California DMV within 10 days of any accident involving injury, death, or property damage over $1,000. This is separate from the police report and separate from your insurance company notification. Download it at dmv.ca.gov. Failure to file can result in driver’s license suspension.
Q: How long does a California personal injury case take?
Most cases with clear liability and resolved injuries settle in 6 to 18 months. Cases involving serious injuries, disputed liability, multiple defendants, or litigation take 2 to 4 years. Rushing settlement before maximum medical improvement almost always produces a lower recovery. For detailed timelines by case type, see: How Long Does it Take to Resolve a Personal Injury Claim in California?
Q: What are the biggest mistakes people make when filing a personal injury claim?
(1) Leaving the accident scene without medical documentation. (2) Giving a recorded statement to the at-fault insurer. (3) Missing the SR-1 filing or government claim deadline. (4) Accepting an early settlement offer before treatment is complete. (5) Gaps in medical treatment that adjusters use to argue recovery. (6) Posting about the accident or injuries on social media.
FREE CONSULTATION | NO FEE UNLESS WE WIN If you were injured in an accident in Los Angeles or anywhere in California, the steps you take in the first 72 hours determine what your case is ultimately worth. We have helped California accident victims for over 30 years — and we know every mistake the insurance companies are hoping you make. Call (866) 966-5240 for a free consultation — available 24/7. Evening and weekend appointments available. Se habla español. No fee unless we win. ★ Super Lawyers (since 2012) · ★ Avvo 10.0 · ★ Top 100 Trial Lawyers · ★ Multi-Million Dollar Advocates Forum
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