Do’s and Don’ts After a Santa Barbara Accident

You may feel powerless and vulnerable in the moments after an accident. But there are things you can do on the scene and in the weeks that follow that can help you take command of the situation. You’ll be in a position to demand the maximum in compensation.

If you are forced into a collision on a Santa Barbara road, here are a few things you should try to do and a few things not to do:

DO’S

• Contact the Santa Barbara Police or CHP: Even if the damage seems minor, you’ll want a police report filed. A collision report is one of the strongest pieces of evidence in your favor.
• Call for an ambulance: If you or anyone else is hurt at all, you should have an ambulance respond to the scene. Have paramedics check out every pain. And even if you go to the emergency room, visit your own doctor in the days that follow and get all injuries documented.
• Collect evidence: The best evidence often gets cleaned up and disappears once the scene is cleared. If your injuries will allow, take photos with your cell phone. Get photos of car damage and any visible injuries you have. Get contact info from witnesses. Exchange information with the other drivers unless an officer provides the information to you.
• Alert your insurance agent: Call your insurance provider and let them know what happened on the day of your accident.

DON’TS

• Don’t offer statements: Don’t talk about your injuries or who was to blame with the other drivers. When the at-fault driver’s car insurance company contacts you later, they’ll be asking for you to make a recorded statement about what happened. Decline and only offer basic information. They hope you’ll say something they can twist to hurt your case later. Let your attorney handle communications with insurance representatives.
• Don’t post to social media: You may want to post an update on social media about your accident and that you are okay, but you should not jump on Facebook or Instagram. The opposing insurance company can also twist these posts to make it look like you weren’t hurt.
• Don’t sign off on a settlement: Don’t sign any settlement that’s hastily offered. Have a skilled California car accident attorney check out any agreement you are thinking about signing. If you receive an offer quickly, it probably means the car insurance company knows your injuries are worth more and they want to get you to sign and accept less.

Compensation for Santa Barbara Car Accident Victims

After being injured as a result of the carelessness and negligence of somebody else, you are empowerd to pursue compensation for your injuries and damages.

Your lawyer will make sure every hardship you’ve endured is factored into your car accident settlement check.

These are just a few of the damages that will be included:

• Payment of past and future medical bills.
• Lost earnings or diminished earning capacity.
• Support for the physical pain experienced.
  
• Support for the emotional pain victims are left to cope with.
• Any permanent disfigurement or disability.
• Loss of a normal life.
• Support for families who have lost a loved one in a car accident.
  

How Is a Fatal Car Accident Claim Handled?

After a fatal accident, certain family members would file a wrongful death claim. The biggest difference from other car accident claims is the types of support the family receives. Families will seek support for the financial loss a death causes, and the emotional loss they must cope with. 

Only surviving spouses, domestic partners, or children can file a wrongful death claim in California, but that can be extended to parents, stepchildren, or personal estate representatives if there are no spouses or children to file.

In a typical wrongful death claim after a fatal car accident, the following can be recovered:

• Funeral and burial costs – This provides costs relating to the deceased’s funeral, burial, or cremation.
• Loss of financial support – These damages are for the income the deceased would have earned for their family.
• Loss of companionship – These damages provide financial considerations for the emotional and social void left by the deceased.
• Emotional suffering – These relate to the grief and emotional pain felt by the surviving family members.

It’s crucial to file a wrongful death claim within the statute of limitations, which is two years from the date of death. If you miss this deadline, your family may not be win justice and support.

See: More Information on the Wrongful Death Claims Process.

Who Is Responsible for My Santa Barbara Rental Car Accident?

In some cases, a collision involving a rental car would be resolved much like an accident involving two personal vehicles. Many people who rent cars rely on their normal car insurance to cover them if an accident occurs.

But there are other insurance options that may be purchased or that are included with certain credit cards that can play a role in how an accident is resolved.

These are just some of the insurance choices that could affect how you receive accident compensation:

• Another Driver’s Insurance Policy —  If another driver strikes you while you are behind the wheel of a rental car, the driver’s auto insurance provider should be paying for the damage. This would also be true if the other driver is in a rental car and hits your family vehicle. The at-fault driver’s insurance should apply. The other driver’s insurance must cover the cost of repairing or replacing a rental car. The policy should also help you pay your medical bills and replace the income you lose while healing.
• Your Car Insurance — If you caused damage to your rental car, your car insurance may cover the damages. The rental car company would want to repair or replace the car before they lost a lot of profit while the car was unable to be rented out. Many car insurance companies cover policyholders when they drive a rental car for personal use. It’s important to ask what your policy will cover before you sign a rental agreement. This gives you the chance to purchase additional coverage if necessary. Unfortunately, the support would likely come after you’ve had to pay a large deductible.
• Credit Card Coverage – Some credit cards provide accident protection when you charge a rental car. These protections usually repair or replace your rental car up to a certain limit. They might also cover vehicles that have been stolen or vandalized. Credit card protection may not cover the damage to another vehicle or the cost of injury support.

• Your Car Rental Car Coverage – Rental car companies like Enterprise offer many levels of insurance you can add on when you rent your car. There are also 3^rd party rental car insurance providers who offer policies. Some cover any damage to a rental car and damage to another vehicle. Other policies provide compensation to you and any other injured victims. Beware: This coverage may also come with a large deductible you must pay before coverage kicks in for the rest.
• The Rental Car Company – If a rental car company somehow contributed to your accident, your lawyer would demand full compensation for your damages. A rental car business may have given you a car with faulty tires or worn brakes. They may not have warned you of potential dangers in the area. These and other circumstances might leave a rental car company liable for your damages and injuries.

One big advantage of having a skilled Santa Barbara car accident lawyer handling your case is that your attorney identifies every party that may owe you support after a crash. The other driver, a rental car company, and even your own car insurance provider could be required to help you recover.

The more injury claims you can file, the better the chance that all of your hardships will get covered. It reduces the chance that you’ll be stuck paying recovery bills from an accident you didn’t cause. 

Remember: Maison Law can also help victims who are struck while visiting Santa Barbara, but live in another state. 

Who Pays For Your Damages in a DUI Accident?

When you think about the possible damages that come with a DUI accident, it’s quite scary. Because they’re so devastating, recovering legal damages is going to be very important to your overall recovery. That said, you first have to figure out who pays for these damages. This means establishing “liability” for the accident.

Fortunately, this isn’t that difficult in a DUI accident: the driver that’s under the influence is going to carry most of the liability, and thus will be the one that’s responsible for paying for your damages.

However, like any car accident, others can share liability:

• Owners of the vehicle – If someone lets a drunk person drive their car, they can be held responsible.
  
  

• Other drivers – If other drivers were reckless or careless, they might also be responsible.
  
  

• Hosts – If someone serves alcohol or drugs at a party and a guest causes an accident, the host might be held responsible.
  
  

• Bars and restaurants – Places that over-serve alcohol to customers who then cause accidents can share some liability.
  
  

• Local governments – If poor road conditions contributed to the accident, the local government could be responsible.
  
  

• Vehicle makers – If a vehicle defect made the accident worse, the manufacturer might be held responsible.
  
  

The intoxicated driver will be mainly responsible for your damages, but these other parties could also help you get damages. That said, your damages are going to depend on how strong your case is.

How Can You Put Together a Strong DUI Injury Claim?

To prove the extent of your damages, you’ll need to take several steps. Here’s how you can strengthen your claim: 

• Report the accident – Call 911 as soon as possible so that an ambulance and the police can come to the scene. Let them know if you think the driver was intoxicated. Allow EMTs to take care of any injuries.

• Document the accident – If it’s safe, use your phone to take pictures and videos of the accident scene, including your injuries and any damage to vehicles involved.

• Collect information – Try to get the contact details, insurance information, and license plate number of the intoxicated driver. If you can’t, ask the police for help. Also, get contact information from any witnesses, as their statements can be useful.

• Avoid admitting fault – Don’t admit responsibility for the accident. Allow the police to investigate and avoid making statements that could harm your claim.

• Tell your insurance – After handling the immediate aftermath, tell your insurance company about the accident. This will start the claims process and help you get assistance.

• Keep records – Maintain a record of all medical bills and documentation related to the accident, like repair estimates and letters from insurance companies. These will be crucial for showing your injuries and damages.

Following these steps is essential in a DUI accident. It’s frustrating, but it’s important to address liability issues and gather all necessary evidence to put everything together for a strong claim. But it’s also important to understand what a DUI accident can mean for you.