What to Do After a Car Accident That Wasn’t Your Fault (California Guide for 2025)
You’re driving down Pacific Coast Highway when a distracted driver of another car runs a red light and slams into your vehicle. The police arrive, reports are filed, but the stress is only beginning. What happens next?
Many drivers assume that because the other person was at fault, the process will be simple — their insurance pays, and you move on. Unfortunately, Reddit threads and real-life stories show it’s rarely that easy. Insurance delays, disputed liability, and low settlement offers are common even in clear-cut cases.
This guide breaks down what to do after an auto accident that wasn’t your fault in California, including special situations like motorcycle, truck, rideshare, bicycle, and pedestrian accidents.
Step-by-Step — What to Do Right After the Accident
1. Prioritize Safety and Call 911
If there are any injuries, call emergency services immediately. Even if injuries seem minor, adrenaline can mask pain that surfaces later.
2. Gather Evidence at the Scene
Use your phone to:
- Photograph vehicle damage, license plates, and the surrounding area
- Capture street signs, skid marks, and traffic lights
- Record a short video summarizing what happened while it’s fresh
3. Exchange Information
Get the other driver’s name, contact info, driver’s license number, and insurance details.
Ask for contact information from any witnesses — Reddit users say witness statements often make the difference when insurance companies dispute liability.
4. File a Police Report
Always request an official report, even for minor collisions.
In California, police documentation strengthens your claim and helps determine fault.
5. Notify Your Insurance Company
California follows an at-fault system, but you still need to inform your insurer.
If you delay reporting, your coverage could be compromised — even if you weren’t at fault.
What Happens Next — Dealing with Insurance and Liability
Determining Fault in California
Fault is based on negligence — a failure to act with reasonable care.
Common examples:
- Distracted or reckless driving
- Speeding or tailgating
- Failing to yield or running red lights
If both parties share blame, California’s comparative negligence rule applies.
Example: if you’re found 20 % at fault, your settlement is reduced by that percentage.
When the Other Driver’s Insurance Company Contacts You
Be cautious. Adjusters are trained to minimize payouts, commonly making low initial settlement offers to quickly close the case while refusing to negotiate. They expect their offers to go unchallenged by the accident victim. Avoid giving a recorded statement until you’ve spoken with an attorney.
When to Call a Personal Injury Lawyer
Even if you think your case is straightforward, legal guidance can protect your rights and maximize recovery.
Consider hiring an attorney if:
- You suffered serious or long-term injuries
- The insurance company disputes fault
- The other driver was uninsured or underinsured
- The accident involved commercial trucks or rideshare vehicles
- You feel pressured to accept a low settlement
A lawyer can handle communication with insurers, gather expert testimony, and calculate your total damages — including medical expenses, lost wages, and pain and suffering.
Specific Scenarios
Motorcycle Accidents
Motorcyclists face bias from insurers who often assume they were speeding or weaving. Evidence like helmet-cam footage, witness statements, and police reports are crucial.
Commercial Truck Accidents
Truck crashes often involve multiple liable parties — the driver, trucking company, maintenance provider, or even a third-party contractor. These cases require federal regulation knowledge and deep investigation.
Rideshare Accidents (Uber & Lyft)
Coverage depends on the driver’s status at the time:
- App off: personal insurance applies
- App on, no passenger: limited rideshare coverage
- Passenger onboard: full commercial coverage
Pedestrian and Bicycle Accidents
Pedestrians and cyclists have little protection against impact injuries. California law generally favors non-motorists, but proving negligence (like distracted driving) is key.
How Compensation Works
Economic vs. Non-Economic Damages
- Economic: medical bills, vehicle repairs, lost income
- Non-Economic: pain, emotional distress, and quality-of-life impact
How Claim Value Is Calculated
Insurers use multipliers based on injury severity and recovery time. But these formulas don’t capture long-term consequences — another reason to have legal representation review your claim.
California Legal Time Limits
Under California Code of Civil Procedure § 335.1, you generally have two years from the date of the accident to file a personal injury lawsuit.
However:
- Claims against government entities (e.g., city vehicles) must be filed within 6 months.
- Insurance claims should be initiated as soon as possible.
FAQs
Do I need a lawyer if I wasn’t at fault?
Not always, but if there are injuries or delays in payment, yes. Lawyers can help document medical treatment and negotiate fair compensation.
What if the other driver doesn’t have insurance?
You may be covered under your own uninsured/underinsured motorist (UM/UIM) policy. An attorney can help you file under that coverage.
How long does a personal injury claim take in California?
Anywhere from a few months to over a year depending on medical recovery, fault disputes, and negotiation speed.
Can I still get compensation if I was partly at fault?
Yes. Under California’s comparative negligence law, you can recover damages minus your percentage of fault.
Next Steps — Protecting Your Rights
If you were injured in a car, motorcycle, commercial truck, rideshare, bicycle, pedestrian accident in Newport Beach or anywhere in Orange County, you deserve clarity and fair compensation. Having legal representation by an expert car accident lawyer in Newport Beach is the first important step you can take to help secure the compensation you legally deserve for your injuries.
Talk to a local injury lawyer before accepting any insurance offer. A short consultation can help determine the real value of your claim and protect your rights under California law.
