Plain-English breakdown of every insurance type, deadline, and conversation tactic you need after a California car accident.
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| Coverage | What It Is | Who Pays | Typical Limits |
|---|---|---|---|
| MedPay | Medical Payments coverage on YOUR policy. Pays regardless of fault. No deductible. | Your insurer | $1K – $25K |
| Liability (BI) | Bodily Injury coverage on the OTHER driver's policy. Only applies if they're at fault. | At-fault driver's insurer | $15K – $300K+ |
| UM/UIM | Uninsured/Underinsured Motorist on YOUR policy. Covers you if the other driver has no insurance or not enough. | Your insurer | Matches your BI limits |
| Lien-Based | Your provider treats you now and gets paid later from your settlement. No upfront cost to you. | Settlement proceeds | No cap |
Which one should you use first? MedPay is the fastest — it pays your provider directly without waiting for fault determination. Use it first while liability sorts itself out. If you don't have MedPay, lien-based treatment means you pay nothing upfront. Full insurance breakdown here.
Report the accident to your own insurance. Not the other driver's — yours. This starts the clock on MedPay and UM/UIM coverage.
Get your first medical evaluation documented. Most insurers expect treatment to begin within 14 days. Longer gaps create coverage disputes.
File your claim with the at-fault driver's insurer if pursuing a liability claim. Earlier is better — evidence degrades and memories fade.
California statute of limitations for personal injury. You must file suit within 2 years of the accident date. For government vehicles: 6 months.
The 14-day gap is the one that causes the most problems. Insurance adjusters will point to any delay in seeking treatment as evidence that you weren't really injured. Even if your pain didn't start until Day 5, getting evaluated by Day 14 maintains your documentation timeline.
The adjuster is not your advocate. They work for the insurance company. Their job is to minimize what the company pays. Be polite, be factual, and keep it brief.
"I was involved in a car accident on [date] at [location]."
"I am receiving medical treatment."
"I'd prefer to discuss the details after I've completed my evaluation."
"Please send me that in writing."
"I'm feeling fine" or "It's not that bad."
"I think I might be partly at fault."
"Sure, I'll give a recorded statement."
"I'll accept your offer" (without reviewing it first).
"Thank you for reaching out. I'm currently under medical care and I'm not comfortable providing a recorded statement at this time. I'll be happy to cooperate once my evaluation is complete. Please send any requests in writing to [your email]."
"I appreciate the offer. However, I'm still receiving treatment and don't yet know the full extent of my injuries or medical costs. I'll need to review any settlement offer in writing after my treatment is complete."
Never accept a settlement before your treatment is finished. Once you sign a release, you can't go back for more — even if your injuries turn out to be worse than you initially thought.
Exchange info. Take photos. File a police report. Report accident to YOUR insurance (not the other driver's).
Get evaluated — even if you feel fine. Document everything. Start the medical record from Day 1.
Begin treatment. Track symptoms daily. Your provider handles insurance billing directly (MedPay or lien).
Continue treatment per your care plan. Keep all appointments — missed visits create gaps the adjuster will exploit. Decline early settlement offers.
Your provider issues a final report. Total medical costs are calculated. If you have an attorney, they negotiate. If not, you can negotiate directly or consult one.
Review any offer in full. Make sure it covers ALL medical costs, future care needs, and lost wages. Get a second opinion if unsure.
You still have options. If the other driver was at fault, their liability coverage pays for your treatment regardless of your own insurance status. If fault is unclear or you need treatment now, lien-based providers like Oakland Accident Care treat you with no upfront cost — your treatment is paid from the eventual settlement.
Undocumented status does not affect your right to treatment or compensation in California. Your immigration status is irrelevant to your auto insurance claim. Providers cannot report your status, and your medical records are protected by HIPAA.
If the other driver was uninsured too: California's Uninsured Motorist fund and workers' compensation (if you were commuting) may provide coverage pathways.
We bill MedPay directly and accept liens. You focus on recovering — we handle the paperwork.
Apply for Immediate Care → Or call: (510) 606-0007We accept MedPay, liens, and all auto insurance. Zero upfront cost. Same-day appointments.
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