What to Do After a Car Accident That Is Not Your Fault in California?

Car accidents are high-stress moments. You may be confused about what actions you should take, such as who to call, what to say, or when to leave the accident site. It can be even more disorienting if you aren’t the responsible party. However, knowing what to do after a car accident that’s not your fault in California can ease your stress and protect your future claim.

How We Can Help

We at Freeman & Freeman, LLP, understand how traumatic an accident can be, especially when you’re not at fault. We’ve helped litigate cases in the Greater Los Angeles area for decades, giving us the knowledge and experience to help with your accident. Partner attorneys Steven M. Freeman and Stan H. Freeman have both served on the Consumer Attorneys Association of Los Angeles for fifteen years, putting the community first.

Steps to Take After a Car Accident

Car accidents are, unfortunately, a common occurrence across the state. A report released by the California Statewide Integrated Traffic Records System shows that 164,123 motor vehicle accidents occurred in 2024 statewide, with 40,954 happening in Los Angeles. A collision can happen anywhere—you don’t have to be driving on Ventura Boulevard or Western Avenue to get caught in a crash. The frequency of collisions makes it crucial for Californians to know what steps to take after an accident.

The following are the steps needed to navigate this difficult situation while upholding all legal obligations:

Check for Injuries

The first thing to do is check yourself and anyone else in the vehicle for injuries. If you or someone else is in critical condition, the remainder of the list can come later. Your and your loved ones’ health comes before any efforts to prove someone else was at fault. Hospitals across Los Angeles and Southern California have 24-hour emergency rooms ready to treat whatever injuries anyone in your car may have suffered.

Call 9-1-1

The next step you should take after any accident is to call 9-1-1. In California, you are legally required to notify the authorities of any crash or vehicle accident. Phoning emergency services right away can make a significant difference in the extent of any injuries or damages.

Try to provide urgent information. Things like crossroads, your general location, and the state of the accident site can help first responders get to you more quickly. If you or someone else is injured, notify the operator of the severity. They can dispatch any medical care required.

Remain in Area

Since the accident wasn’t your fault, you may be tempted to drive away from the accident site. California Code makes it illegal to leave the site of an accident before authorities arrive. Despite not being at fault, leaving the scene of an accident can result in serious fines and even jail time. Always remain near the site until you are told by the police that you can leave.

Exchange Information

Before being told you may leave, state law requires you to exchange contact information with the other drivers involved in the accident. This information includes:

• Driver’s full legal name
• Current address
• Driver’s license number
• Vehicle registration number
• Insurance information

Gather Evidence

Once the legal requirements are met, it’s a good idea to document the crash site. The following are just a few ways to gather evidence and prove you were not responsible:

• Photos and videos of the accident site: Details like skid marks, debris, road conditions, and other aspects of the site may be important later on.
• Witnesses: Speak with any onlookers who may have seen what happened. Exchange contact information with them to call on later.
• Police & medical reports: This type of evidence is typically gathered in the days following the accident. Emergency responders’ accounts can help prove you were not at fault.

Hire a Car Accident Lawyer

Without an attorney, proving that the accident was not your fault can be difficult. Hire a car accident lawyer early on in the process. Your car accident attorney can help build a claim against the at-fault party, gather evidence, and handle insurance negotiations. The aftermath of a car accident can be a frightening time. You don’t have to go through it alone.

FAQs

Q: How Does Car Insurance Work When You Are Not at Fault in California?

A: In California, if you are found not to be at fault, the party responsible will most likely be the one paying for any damages. Insurance companies are legally restricted from raising your premiums if you were not involved in causing the accident.

Q: What Should I Not Do After a Car Accident in California?

A: The most important thing to avoid after an accident in California is apologizing in any form. Out of politeness, many drivers apologize or make excuses for the liable driver, even if they were not at fault. Anything said in the moments after an accident can be used to deny claims later on. It may feel rude, but do not provide any explanations or say anything that could be seen as taking responsibility.

Q: Do You Need a Lawyer When Not Responsible for a Car Accident?

A: Even when you’re not responsible for a car accident, going without a skilled personal injury lawyer can be detrimental to your claim. Your car accident attorney can help gather the evidence needed to show you were not at fault. If you wish to file a claim against the other driver, your attorney can aid in every step of the process.

Q: How Can You Prove a Car Accident Was Not Your Fault?

A: Proving that a car accident was not your fault usually comes down to collecting the right evidence. Photos or videos taken at the time, eyewitnesses, records, and reports from police and hospitals can all go far in showing you were not the cause. Your car accident attorney can provide vital assistance to prevent you from being blamed for the incident.

Speak With a Car Accident Attorney Today

Freeman & Freeman, LLP is ready to help. Contact us today for a consultation so we can learn your story, or visit our Woodland Hills office—located on Burbank Boulevard around the corner from the intersection of Ventura Freeway and Topanga Canyon Boulevard.