Maison Law helps people that have been injured in car accidents throughout California. One of the main ways we help them is by answering their questions, and a common one has to do with insurance–namely whether or not they need to file a claim with their own insurance if they’re not at-fault. If you’ve been in a car accident, we can help you. Contact us today for a free consultation.
Should You File a Claim With Your Own Insurance If a Car Accident Isn’t Your Fault?
You never want to be in a car accident, even if you’re not at-fault. A car accident brings all sorts of different problems, and the more injured you are, the more problems you’ll likely have. These problems–which most urgently involve things like medical bills and car repair costs–are all a part of your own car insurance policy. So, the question of whether or not you should file a claim with your own car insurance after an accident is pretty easy: you should.
By filing a claim with your own insurance first, they’re both aware of the accident and can provide you with some financial support to help you along. From there, though, you have other options that can help you even more.
What Other Options Do You Have After a Car Accident?
Probably the worst thing about a car accident is that it can leave you facing a lot of losses, and it’s even worse when the accident is not your fault. The law tries to take this into account by giving you the option to file an injury claim to recover “damages.” Normally, there’s two main ways you can do this:
- Insurance claim (with the at-fault party’s insurance company) – This is a less formal process done out of court. It’s faster but controlled by the insurance company, which decides how much they’ll pay, regardless of how strong your claim is.
- Personal injury lawsuit – This is a more formal process that involves going to court. Although it takes more time and effort, it can lead to higher damages since a judge and jury make the decision.
The damages you can claim depend on a lot of different variables, like what exactly happened and who’s at-fault. However, California law typically makes any of the following available in a claim:
- Medical expenses
- Car repair or replacement costs
- Lost wages or future earnings
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Wrongful death expenses, if applicable
Filing an injury claim is crucial for your physical, mental, and financial recovery. Keep in mind though, that there’s a two-year deadline to file after an accident. If you miss this, you can’t receive any damages.
What Can You Do to Strengthen Your Claim After a Car Accident?
Unfortunately, just having the right to file an injury claim when you’re the victim of a car accident doesn’t automatically mean you get damages. You have to actually make your case, and the best way to do that is to take certain steps right after the accident happens:
- Call 911 – Check yourself and others for injuries and call 911. EMTs will provide immediate care, and it’s wise to get further medical attention at a hospital. Also, make sure the 911 dispatcher sends the police so they can document the scene and make sure everything is cleared so no further accidents happen.
- Exchange information – Get names, contact info, and insurance details from everyone involved, including details about the rental car and company. Don’t forget to collect contact info from witnesses.
- Start getting evidence at the scene – If it’s safe, make sure to take pictures or videos of the accident, including damage, road conditions, and injuries.
- Be careful with statements – When you’re talking to police or insurance reps, you have to be careful. Don’t admit fault and just stick to the facts of what happened. The less you say, the less an insurance company can use against you to devalue your claim.
These steps can help strengthen your claim, but always focus on your safety and health first. Everything else generally takes care of itself, and also provides you with a solid foundation for a claim.
How Can Maison Law Help You After a Car Accident in California?
With all the time spent driving in California, car accidents can happen at any moment. Whether or not you need a lawyer depends on how serious the accident is. If the accident or injuries are minor, you may not need legal help.
However, dealing with a car accident can be tough, especially if you’re injured or feeling stressed. That’s where our experienced lawyers can step in. We’re here to put your needs first and give you personalized support. Here’s what we can do for you:
- Explain your rights and what your options are
- Investigating the accident to figure out what happened and who’s at-fault
- Helping you gather evidence and information for your claim
- Negotiating and talking with insurance providers and other lawyers
- Guiding and supporting you through the claims process, whether it’s an insurance claim or lawsuit
Our main focus is on you and your needs throughout the process. We also offer free initial consultations and work on a contingency fee basis, so you don’t pay anything upfront. This way, you can concentrate on getting better. Contact us today for a free consultation.
