What Not to Say in a Car Accident Case in California

What not to say in a car accident case comes down to three habits: admitting fault, guessing about how the crash happened, and saying you’re fine before you know. These statements cause the most trouble for people hurt in California crashes.

That’s why every word about who caused the crash matters.

Statements don’t stay at the scene. They show up in police notes, insurance files, recorded calls and social media posts. This guide covers where the risk is and what to say instead. It applies to drivers, passengers, pedestrians, cyclists and motorcyclists alike.

What to Say and Avoid at the Scene

At the scene, stick to facts you can see and confirm. A driver in an accident that results in injury to another person, or in a death, must Veh. Code § 20001 immediately stop the vehicle at the scene of the accident and fulfill the requirements of Sections 20003 and 20004.

The most common mistake is saying “I’m fine” or “I’m OK.” Many injuries don’t show symptoms right away. A stiff neck or a headache can grow over the next few days. Dizziness can also signal a serious problem, and the Mayo Clinic dizziness guide lists warning signs that need emergency care.

Describe symptoms as they are. “My neck hurts when I turn my head” is accurate. “I feel dizzy” is accurate. “I’m not hurt at all” may not be, and someone can repeat that sentence later.

Don’t guess at speed, distraction or who had the green light. Describe only what you directly saw, and say so when you didn’t see something.

Why You Should Not Apologize or Admit Fault

Sympathy and fault are different things. A remark such as “I’m sorry you’re hurt” is treated differently from a statement that you caused the crash. Evid. Code § 1160 makes expressions of sympathy about a person’s pain, suffering, or death, made to that person or to their family, inadmissible as evidence of an admission of liability in a civil action. A statement of fault is not protected in the same way, even when it’s added to a sympathetic comment.

So “I’m sorry you’re hurt” is a different statement from “I’m sorry, I didn’t see you.” The second sentence admits something about how the crash happened. It can be repeated to an insurer and used when fault is weighed later.

Fault is decided on the facts of the crash. A comment made in shock at the roadside may not match what the evidence shows. Keep your words to what you know. If you write down your own account, keep it private until you have talked with a lawyer.

What to Tell Police and What the Report Requires

Tell officers the facts you know, and say clearly when you’re unsure. Officers write down what drivers say, so accuracy matters more than speed.

California also requires a separate DMV report. Under Veh. Code § 16000, a driver in a crash that causes bodily injury, death, or property damage over $1,000 to any one person must report it within 10 days. You can file personally or through an insurance agent, broker, or legal representative. The DMV form is not the same as anything you tell officers at the scene.

If a police report has a factual error, ask for a correction. Keep a copy of any report you receive, along with your own notes about the date, time and location.

What Not to Say to an Insurance Adjuster

Don’t guess, and don’t give a recorded statement before you understand your injuries. Adjusters often sound friendly, but they work for the insurer. They are not advising you.

Stick to basic facts such as your name, the date and the place. Don’t guess about speed, your medical history or how long your injuries will last. You can say you want to speak with a lawyer first, and you can say you’re still learning about your injuries.

California’s Ins. Code § 790.03 defines unfair claims settlement practices, when knowingly committed or performed so often as to indicate a general business practice, including directly advising a claimant not to obtain the services of an attorney.

Read every medical authorization and release before you sign it. The California Department of Insurance guide explains how to document injuries and related expenses after an auto accident.

Social Media and Posts After a Crash

Stop posting about the crash, and limit what you share about your daily activities. A photo from a family outing, a gym check-in or a travel post can be used to question your injuries.

Don’t comment on the other driver or the accident in any post, message or review. Set your privacy settings to their strictest level, and assume anything you write could be read by an insurer.

Don’t delete posts you’ve already shared. Deleting content can create problems of its own. Talk with a lawyer before you change anything that’s already online.

Settlement Offers and Timing Mistakes

Don’t accept an early settlement offer before you know your injuries, treatment and bills. Early offers often arrive before the full extent of an injury is known.

Signing a release can end a claim, so read every document first. California generally gives two years from the date of injury to file an action for injury to a person caused by another’s wrongful act or neglect. See Code Civ. Proc. § 335.1. Some situations change that timing, so don’t assume the clock works the same way in every case.

Medicare may also be involved. Other payers and providers may also have a claim on the money, so ask about liens before you agree to any figure.

For pain and suffering, California’s Civ. Code § 1431.2 makes each defendant liable only for its own percentage of fault. That makes the fault picture part of every settlement discussion.

Talking Through Your Situation With Colvin Accident Lawyers

If a crash left a family member in the hospital, or an insurance call asked you for a recorded statement, you have real questions. You don’t need to have decided on a claim to talk it through with us. Colvin Accident Lawyers is based in Bakersfield, and our team can answer your questions about your situation. Our first consultation is free, confidential, and comes with no obligation to continue. Contact Colvin Accident Lawyers to talk through what you’re facing.

Donald Norman Colvin, Colvin Accident Lawyers, Bakersfield, California — responsible for this site.