Every year thousands of Californians are victims of car accidents. According to the Transportation Injury Mapping System, there are over 4,000 people injured in car accidents in San Francisco County alone. Some of these incidents occur due to completely unpredictable hazards, or reckless driving. Regardless of how the accidents happen, it is recommended to file a claim with your insurance company, no matter how minor the accident may be.
A common mistake most drivers make is thinking they can avoid having their rates raised by not informing their insurance about a minor accident. However, this can easily backfire. If the other driver involved in the minor accident files a lawsuit against you for the accident, then your insurance does not have to uphold their policy agreement with you since you failed to report an accident after it happened. This will cause you to have to pay for damages without the help of your insurance. Even if your insurance decides to uphold your policy agreement, your rates will still go up. So, it is always recommended to report any accident you find yourself in.
What to do After a Car Accident In California
The steps you take after a car accident will be important to ensuring you and your passenger’s safety, as well as protecting your right to compensation if you decide to take legal action. After a car accident, you should:
- Ensure the safety of you and your passengers: Depending on the situation, this could mean moving your car to the side of the road, or if you are severely injured, it could mean remaining where you are until help arrives. Check yourself for burns, lacerations, or broken bones. Oftentimes, the adrenaline from an accident can mask the pain from major injuries.
- Call the Police: The police will file an accident report and take down the names of everyone involved, as well as assign fault based on the evidence in front of them. A police report will serve as evidence if you need to back up your claims later.
- Document the incident: Take photos or film the aftermath of the bus accident. Film yourself recounting the details of the incident and describe the pain you’re in. It is best to capture how the accident played out while the memory is still fresh in your mind.
- Gather witness statements and driver information: Film or record witnesses willing to give a statement about the accident. Take down their names and phone numbers. Take a picture of the other driver’s license and license plate number. Take down the contact information. All of this information will help support your claim and assist your attorney in building your case if you end up taking legal action.
- Do NOT admit fault: Don’t admit fault even if you feel you may have caused the accident. Allow the police to conduct their investigation and determine fault.
- Get Medical Attention: Even if you feel fine, it is important to get checked out by a doctor or go to a hospital. Certain injuries can lie dormant and manifest themselves hours, or even days later.
- Notify your insurance of the accident: Notifying your insurance of the accident is typically a part of any auto insurance policy. Failing to report accident can result in a dismissal of your policy agreement, depending on the contract you signed with your insurance company.
Do I Need a Lawyer After Filing an Accident Claim with My Insurance?
If you’ve suffered serious injuries from a car accident, it is advisable to speak to an attorney about your legal options. While insurance companies are there to compensate you after a car accident, they are not looking out for you. The unfortunate truth is that the job of an insurance adjuster is to give you the lowest amount possible for your damages. In some situations, they will outright deny your claim. In cases like this, an experienced accident attorney is invaluable. If you partner with a lawyer, they will:
- Identify All Liable Parties: Car accidents in California typically involve multiple cars due to the amount of traffic across our major highways. An accident attorney will collect all responsible parties and include them in your lawsuit, maximizing your chance at full, financial recovery.
- Follow Proper Legal Procedures: An experienced accident attorney understands the complexities of suing multiple liable parties and the specific legal rules that must be followed. Having your lawsuit properly filed and the details of your situation perfectly outlined for the insurance adjuster is crucial for a successful outcome.
- Prepare For Litigation: An attorney will expedite the litigation process if no acceptable offer is made. They will prepare you for trial, handle all legal proceedings, and represent you in court.
- Focus On Recovery: Without an attorney, managing your case while recovering from injuries could be overwhelming. And that is precisely what the insurance companies are counting on. Hiring a well-practiced attorney will allow you to recover, while they deal with the legal side of your case for you. Not only will this give you a better chance at compensation, but it will alleviate your stress and give you peace of mind while dealing with a very traumatic time in your life.
FAQs
Q: How long does it take to settle a car accident claim in California?
A: Car accident claims typically take 6 months to a year to settle. However, the more complicated the case the longer it usually takes.
Q: How long do I have to file a claim after a car accident?
A: California’s statute of limitations for all personal injury claims is two years from the date the accident occurred. However, if your accident involves a government entity, you will only have 6 months to file a claim against them.
Q: How much injury compensation will I get?
A: This all depends on the severity of your injury, as well as how long your quality of life has been affected. A personal injury attorney can help you determine what your case is worth.
Q: How much do accident attorneys charge in California?
A: Each attorney charges a different rate, but their fee typically only comes out of the final settlement if they win your case.
Contact a California Accident Attorney
If you or a loved one has been injured due to the carelessness of another driver, the experienced accident attorneys at Maison Law can help. We understand how to deal with insurance companies and protect your right to fair compensation. Maison Law offers all victims and their family members a free, no-risk consultation. No upfront money is required and we only get paid if we win your case. Contact Maison Law today for a free case evaluation and see what options are available to you.
