Car accidents can be traumatic events. While some are fortunate enough to walk away from an accident unscathed, others may suffer life-changing injuries. According to the California Office of Traffic Safety, the number of severe injury accidents and fatal traffic accidents in California has increased dramatically since 2020. So, while serious vehicle accidents are on the rise in California, there are now more and more ways to get the most out of your car accident insurance claim. An experienced personal injury attorney can help you maximize your injury settlement while helping you recover from your unfortunate accident.
Maximize Your Accident Insurance Claim
The steps you take immediately after your accident can determine the amount of money you receive from your accident insurance claim. An important factor to keep in mind is that insurance companies are not on your side. They will be looking to deny every aspect of your claim to protect their business. So, for example, if you did not receive medical treatment right away, or there’s a lack of evidence for your claim, they will most likely deny you fair compensation for your damages. The following are multiple recommended steps to take to get the most out of your car accident insurance claim:
- 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 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 information from the other drivers involved: Film or record witnesses willing to give a statement about the accident. Take down their names and phone numbers. Photograph the driver’s licenses of the other drivers invovled. Get their phone number and contact information. All of this information will help support your claim and assist your attorney in building your case.
- 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.
Importance of Medical Treatment in a California Car Accident Insurance Claim
Medical treatment for your injuries is not only beneficial for your well-being but also serves as a critically important component for maximizing your compensation. For example, in a car accident, the at-fault driver is legally liable for your injuries. A delay in medical treatment provides the liable party’s insurance company the opportunity to argue that you were careless. They may even attempt to say your carelessness is what led to your injuries, not the other driver. For that reason, it is important to get medical treatment as soon as possible. Your medical records can establish the following information:
- Time spent receiving medical treatment
- Nature and extent of your injuries
- The role of the accident in your injuries
- The money spent on your medical treatment
- Your future medical treatment needs due to your injuries
- Doctor’s diagnosis of future treatment and pain management
What Damages Can Be Claimed in a Car Accident Insurance Claim in California?
California law permits injured parties to recover compensation for damages sustained in a car accident according to California Civil Code 3333. This statute states:
“For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this Code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.”
There are three damages you can claim that will have a substantial impact on the amount of compensation you can expect to receive from your car accident insurance claim. These damages include:
- Economic damages: financial damages you incurred due to the accident. These include:
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of repairs
- Non-economic damages: these are subjective, non-compensatory damages. These include:
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
- Punitive damages: these are damages awarded to serve as punishment to the at-fault party. Although rare, they can sometimes be claimed, depending on the details of the accident. These include:
- Reckless behavior
- Actions performed out of spite
Contact a California Car Accident Lawyer
If you or a loved one has suffered injuries in a car accident, contact one of our skilled bus accident attorneys at Maison Law. From San Diego to San Francisco, we support California accident victims across the Golden State and will pursue justice for the damage done to your life. Protect your right to compensation and contact Maison Law today. Our consultation is 100% free and you don’t pay a cent until we’ve won your case.
