No, you are not required to speak with an at-fault driver’s insurer after a skateboarding accident. In fact, it is recommended to NOT speak with an at-fault driver’s insurer without a Skateboard Accident Lawyer because they are actively working against you.
However, it is important to know that it will be difficult to receive compensation from an insurance company if you do not provide them with a statement. What most accident victims don’t realize is that the job of an insurance adjuster is to limit or eliminate the amount they owe an injured skateboarder after an accident.
By speaking to an insurer without an attorney present, they will most likely get the injured victim to make contradictory statements about their case to justify compensating them as little as possible for their injuries.
How Does Comparative Negligence Apply to a Skateboard Accident
The state of California is a pure comparative fault state, meaning even if you are found 99% at fault for causing your injury, you are still entitled to 1% of compensation. This is a legal statute covered under California’s Comparative Negligence Law.
So, let’s say a vehicle turns in front of you while you’re not looking where you’re going. You fall off your board and fracture your tailbone. At trial, a jury could determine the driver was 50% liable for not looking out for skateboarders on the sidewalk, and you were 50% liable for not watching where you were going. If the jury comes back with a final ruling for you to be paid $50,000 in damages, then you will be entitled to collect $25,000, as your compensation will be reduced by 50%.
How Do Insurance Companies Know Who Is at Fault After an Accident?
According to California Vehicle Code 20008, drivers are required to report accidents to the police within 24 hours. If the people involved in the accident are unable to contact law enforcement, typically other drivers at the scene will call it in.
Once the accident is called in, police will file a police report of the accident, which details what the officer can see at the scene of the accident and determines fault based of the officer’s current evidence. The police report plays a large role in determining fault in these accident as it is the officer’s duty to hand out tickets to any driver who violated the law. A law violation in an accident typically makes assigning fault in an accident very easy.
The drivers involved in the accident have a responsibility to notify their insurance companies of the accident. The insurance companies will then assign the claim to one of their insurance adjusters. The insurance adjuster will talk to both parties involved and review the police report and medical bills. Once the adjuster has reviewed all the evidence, then they will assign fault for the accident. For this reason, it is recommended to have an experienced attorney manage your insurance claim and speak to the insurance adjuster on your behalf if you find yourself in this situation.
How Long Does it Take to Receive Compensation After an Insurance Claim?
Insurance companies must conduct an investigation within 15 days of being notified of a claim. Also, insurance companies have 40 days to accept or deny a claim. If your claim is straightforward and liability is not an issue, your claim can be solved in a matter of days. However, if establishing liability is an issue, or if there are significant injuries involved, your claim can take longer. Proving liability takes time, often stretching cases out by many months or years.
To speed up your claim, you can provide the insurance company with irrefutable evidence such as medical records, photos, and witness contact information. Once your claim has been investigated, you’ll most likely receive a settlement offer from the insurance company. This amount typically provides you with the amount necessary to pay for your car repairs and medical treatment after the accident. The majority of these offers, however, are “low-ball” offers. Insurance companies typically offer as little as possible as far as settlements as they’re looking out for their bottom line instead of fully compensating you for your damages.
How are Payments Received for an Insurance Claim?
If you and your insurance adjuster agree on a settlement amount, your insurance company will require you to sign a release form before your payment can be issued. California Code of Regulations Section 2695.7(h) requires all insurers to issue payment within 30 days of accepting the claim. However, some insurance policies include a waiting period that can extend this duration. A payment from your insurance claim can come in the following forms:
- Direct payment via check or electronic deposit
- Payment to your service providers such as your medical providers or vehicle repair shops
- A payment to your lien holders
If your claim is denied, you can still recover compensation by filing a lawsuit against the insurance company through a personal injury attorney. An attorney will advise you on your legal options and inform you about the damages you are entitled to claim.
How Much Can I Get from a Skateboarding Accident if I Wasn’t at Fault?
If you are not found at fault for the accident, then you are entitled to whatever settlement amount you and the insurance company agree upon. However, no case is the same and the outcomes vary on a case-by-case basis. The following factors will play a large part in determining the total value of your skateboard accident settlement:
- Severity of injuries: These can be broken down into 3 tiers, with Tier 3 being the most severe.
- Tier 1: Minor, non-surgical injuries such as strains, sprains, and contusions.
- Tier 2: Deep lacerations, broken or fractured bones that require surgical intervention
- Tier 3: Traumatic brain or spinal cord injuries, resulting in temporary or permanent function loss
- Insurance coverage: the extent of the at-fault party’s insurance policy
- Lost income: Total amount of lost wages, which were a direct result of the injuries sustained from the accident.
- Medical Expenses: Medical expenses incurred from your injuries and any future medical treatments you may expect to have.
- Pain and Suffering: Emotional stress, trauma, and anxiety caused by how much your life has changed since the accident.
Contact a California Skateboard Accident Lawyer
If you or a loved one has suffered injuries due to a skateboard accident in California, the Skateboard Accident Attorneys at Maison Law are here to help. We stand up for the rights of injured skateboarders in California and win fair settlements on their behalf, even if they are found partially liable for the accident. Contact Maison Law today for a free, no-risk consultation and case evaluation. There are no upfront fees, and you don’t pay a cent until we’ve won your case.
