What to Do After a Car Accident

I. Exchange Information

If you've been involved in a car accident in California, you must exchange the following information:

1. The driver's name and current residence address;

2. Your Driver's License Number;

3. Your insurance information (name and address of the insurance company and the insurance policy number;

4. Your car's vehicle identification number; and

5. The current residence address of the owner of the vehicle.

   
   

Under California vehicle code section 16025, any person failing to comply with all of these requirements is guilty of an infraction punishable by a fine not to exceed $250.00. In addition, court fees may be added to this fine.

The code section reads as follows:

ARTICLE 2. Financial Responsibility [16020 - 16033]

  ( Article 2 added by Stats. 1974, Ch. 1409. )

16025.  

(a) Every driver involved in the accident shall, unless rendered incapable, exchange with any other driver or property owner involved in the accident and present at the scene, all of the following information:

(1) Driver’s name and current residence address, driver’s license number, vehicle identification number, and current residence address of registered owner.

(2) Evidence of financial responsibility, as specified in Section 16020. If the financial responsibility of a person is a form of insurance, then that person shall supply the name and address of the insurance company and the number of the insurance policy.

(b) Any person failing to comply with all of the requirements of this section is guilty of an infraction punishable by a fine not to exceed two hundred fifty dollars ($250).

(Amended by Stats. 1999, Ch. 880, Sec. 10. Effective January 1, 2000.)

II. Seek Medical Attention

In addition to the above, if you are in pain, you should seek treatment immediately at an urgent care or emergency room. Urgent care and emergency care serve different needs within the healthcare system. Urgent care provides treatment for non-life-threatening but urgent conditions that need prompt attention, while emergency care is for serious, life-threatening situations requiring immediate intervention. 

If you do not have insurance, Medi-Cal may cover medical treatment, provided you meet Medi-Cal's eligibility requirements, which are primarily based on income and residency in California. Medi-Cal is California's Medicaid program and offers free or low-cost health coverage to eligible individuals and families. For many, Medi-Cal offers free or low-cost healthcare, meaning no premiums, co-pays, or out-of-pocket costs. Medi-Cal covers emergency services, and hospitals are required to treat individuals with emergency medical conditions regardless of insurance status. 

Further, if you were not at fault for the accident, you can seek the assistance of a personal injury attorney who can find doctors that will work on a lien basis. Medical treatment on a lien means a healthcare provider agrees to treat a patient with the understanding that they will be paid from the proceeds of a future settlement or judgment, typically from a personal injury case. This allows individuals to receive necessary medical care without immediate upfront payment, as the provider waits for compensation until the case concludes. Essentially, the lien acts as a legal agreement or contract where the provider is guaranteed payment from the settlement or judgment. 

How it Works:

1. Patient seeks treatment: A person is injured and needs medical care, but may not have immediate funds to pay.

2. Provider agrees to lien: The healthcare provider agrees to treat the patient on a lien basis, meaning they will wait for payment until the patient's personal injury case is resolved.

3. Treatment is provided: The patient receives the necessary medical care.

4. Case is settled or resolved: The patient's personal injury case is settled, either through a settlement agreement or a judgment in court.

5. Lien is paid: The healthcare provider is paid their portion of the settlement or judgment according to the terms of the lien agreement.

III. Consult with a Personal Injury Attorney

Speaking with an attorney first is the best course of action because insurance adjusters may sound friendly but their job is to protect the insurance company’s bottom line, not yours. This advice includes consulting an attorney before speaking with your own insurance adjuster.

Here’s why it’s wise to speak with a personal injury attorney first:

• They protect your rights: Insurance adjusters are trained to get you to say things that could reduce or deny your claim. An attorney ensures you don’t accidentally say something that could be used against you.

• They understand the tactics: Adjusters often contact you quickly after an accident, hoping to catch you off guard. They may push for a recorded statement or a quick settlement before you know the full extent of your injuries.

• They know what your case is worth: Without legal guidance, you might accept a lowball offer. Attorneys can assess the true value of your claim—including medical costs, lost wages, and pain and suffering—and negotiate for fair compensation.

• They handle the stress: Dealing with paperwork, deadlines, and legal jargon while recovering from an injury is overwhelming. A lawyer takes that burden off your shoulders so you can focus on healing.

  
  

In short, talking to a lawyer first levels the playing field. If you need assistance after a car accident, please feel free to reach out to the Law Offices of Daniel An.

Disclaimer: This website provides general information about legal issues and is not intended as legal advice. The information provided on this website is for informational purposes only and may not reflect the most current legal developments. You should not act or refrain from acting based on any information contained on this website without seeking professional legal counsel. No attorney-client relationship is created by your use of this website or by contacting us through this website.