What Not To Say After A Car Accident in California? 7 Things You Should Avoid

Car accidents usually happen quickly without much warning. They can be caused by many reasons—brake failure, speeding, distracted drivers, animals on the road, drunkenness, or even inanimate objects—and they often leave everyone involved shocked and caught off guard. In those tense moments, people often say things they normally wouldn’t, and those words can later hurt their personal injury claim.

After an accident, it’s important to know what not to say. Avoid blaming yourself or apologizing with phrases like “I’m sorry,” “It was my fault,” or “I didn’t see them.” Don’t try to explain how the accident happened or speculate about injuries and damages—these statements can easily be used against you. It’s also wise not to agree to settle on the spot or give recorded statements to insurance companies without legal advice.

What you should do instead is focus on your safety and protection: check your medical condition, call the police, document everything about the accident, and make sure you get a copy of the police report. If you’re unsure about your next steps, speaking with an experienced Orange County car accident lawyer can help you protect your rights and guide you through the claims process. Being careful with your words—and having the right legal support—can go a long way in safeguarding your future if the matter ends up in court.

7 Things Not to Say After a Car Accident in California

1. I’m Sorry

In the wake of a car accident, the word “sorry” should not be part of your vocabulary—it could be interpreted as admission of guilt and used against you later. Many drivers tend to apologize simply because they feel bad that the accident occurred and empathize with the situation. No matter how you think the accident happened or if you think you caused it, do not apologize to anyone. This includes bystanders, police officers, and others involved in the accident. If you apologize to any at the scene, it could be construed by their insurance company or legal team as an admission of guilt.

2. I Didn’t Even See You There

Just like saying “I’m sorry” can be interpreted as an admission of guilt, so can saying something like, “I didn’t see you there.” This is a frequent phrase after accidents occur when one driver is turning in or out of an area just before the crash. Saying this at the scene of the accident already sets the presumption that the accident is your fault; you should have seen someone, and you didn’t. In fact, many insurance companies request a recorded statement from you in hopes that you will say you did not see something.

3. “I Think” Statements

It is common for those involved in an auto accident to be asked to give multiple statements, including statements to your insurance company, the other driver’s insurance company, your car accident lawyers, and the responding law enforcement agency. When it comes to giving statements and accounts of the accident, you are either sure of something, or you are not.  If you are not sure about all the details, do not fill in with possibilities or opinions. It is okay to say, “I don’t know” or not to answer all the questions if you really do not have an answer. Just state the facts.

Do not say “I think” when asked to give details, such as how fast your vehicle was traveling or the distance before you stopped. It is much better to say nothing at all. When you speak with your car accident attorneys, you can give them your estimates but avoid sharing them with anyone else.

4. I’m not Hurt

Some injuries, such as whiplash, neck and back pain or traumatic brain injuries (TBI), are not always obvious right away, so do not assume everything is okay. When involved in an accident, never say “you’re fine”, “you’re okay”, “you’re not hurt”. Make sure you get checked properly by the medical team and also run some tests before you declare yourself as “okay”. Minimizing or denying your injuries after an accident can decrease the value of your claim.

5. I’m not Hiring a Lawyer

Even if you are not sure you are going to work with a lawyer, it is better to tell the person asking that you are considering your legal options. If your insurance company knows you are not working with a lawyer, they tend to cut your compensation short and take advantage of your lack of experience. Even if you decide not to work with a lawyer, keep that information to yourself.

6. I Accept

Insurance companies try to push you to settle as quickly as possible for as little as possible. Do not agree to a settlement until you feel like you’ve gotten what you deserve. We recommend talking to an experienced personal injury or car accident attorney first.

7. It Was My Fault

One of the biggest mistakes you can make is to immediately admit fault after a car accident. Even though you may feel like you made a mistake, there is a good chance the other driver did too. There could also be other contributing factors that you do not know about, such as failing brakes, other faulty parts, hidden traffic signs, negligence, and the list goes on. Check immediately on the well-being of the involved parties of the accident if you can do so but never accept it is your fault.

Why Words Matter After a Car Accident

Car accidents usually happen quickly and without warning. They can be caused by brake failure, speeding, distracted drivers, animals, or even inanimate objects. The shock of the moment leaves people vulnerable to saying things they normally wouldn’t—statements that can later harm their personal injury claim.

What You Should Do Instead

Instead of saying the wrong things, focus on protecting yourself:

• Check your medical condition and seek help.

• Call the police and file a report.

• Document the accident scene, vehicles, and injuries.

• Collect witness information.

• Get a copy of the police report.

Common Questions About Post-Accident Statements In California

Should I talk to the other driver’s insurance company?

No, avoid recorded statements without legal advice—they may use your words against you.

Can apologizing really affect my case?

Yes. Even a polite “sorry” may be seen as admitting fault in California.

What if I already admitted fault?

Don’t panic. Fault isn’t final until evidence, police reports, and investigations are reviewed. Speak to an attorney right away.

What steps should I take right after a crash in California?

After a crash in California, check for injuries and call 911 if needed. Move to a safe spot, exchange information, and call the police to file a report. Document the scene with photos, gather witness details, and notify your insurance company.

 Our California Car Accident Lawyer is Here to Help

It can be difficult to figure out what to say and what not to say after a car accident. In order to navigate the details well, talk to an experienced car accident attorney. At Duque & Price, we can advocate for you with your insurance company and offer sound advice in order to give you what you deserve.

If you or a loved one has been injured in a car accident, please contact our Orange County Personal Injury Attorneys at 1-877-241-9554 to learn more about your legal options. A free consultation is just a phone call away. An experienced attorney can answer your questions, investigate the accident and file your paperwork to ensure that your case is properly prepared and filed within the time limit required by the court.

Key Takeaways

What not to say after a car accident in California:

• Don’t admit fault or apologize – Avoid saying “I’m sorry,” “It was my fault,” or “I didn’t see them.” These can be used against you.

• Don’t speculate or guess – Avoid “I think” statements about speed, distance, or how the crash happened. Stick to facts only.

• Don’t minimize injuries – Never say “I’m fine” or “I’m not hurt” until you’ve had a proper medical evaluation.

• Don’t accept quick settlements – Insurance companies may pressure you to settle fast for less than you deserve.

• Don’t say you won’t hire a lawyer – Keep your legal options open; insurers may take advantage otherwise.

What to do instead:

• Do protect yourself – Get medical help, call the police, document everything, collect witness details, and obtain the police report.

• Legal help matters – An experienced California car accident lawyer can safeguard your rights and maximize your claim.

About The Author

Brent A. Duque

From humble beginnings and son of hard-working immigrant parents, Brent Duque was raised in La Puente, California. After graduating from West Covina High School and Mt. San Antonio College, Mr. Duque went on to graduate from Cal State University Fullerton with a Bachelors degree in Political Science. After obtaining his undergraduate degree, Mr. Duque did his graduate studies in Education and Public Administration at California Polytechnic University Pomona. After working for other firms, Mr. Duque knew that if he opened his own firm, he could provide more aggressive representation, better communication with clients, and secure larger settlements and verdicts for his clients. In 2006, he started his firm and has had a remarkable and successful career that he attributes to his firm’s aggressive and relentless pursuit of justice for his clients. As owner and managing attorney of the firm, Mr. Duque has fought for and secured millions of dollars for his clients.

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