What Should I Do Immediately After a Car Accident?
The moments following a car accident can be chaotic and confusing. Stay calm and take specific steps to protect your rights. First, check for any injuries to yourself or others involved in the accident. If anyone is hurt, call 911 immediately.
Next, move your vehicle out of traffic if it’s safe to do so. California law requires drivers involved in an accident to remove their vehicles from the roadway if they can be moved safely. This helps prevent further accidents and keeps traffic flowing.
What Information Should I Gather at the Scene?
Collecting the right information at the scene of the accident is critical for your insurance claim. You should exchange information with the other driver, including their name, contact details, driver’s license number, and insurance information.
Take photographs of the accident scene from different angles, capturing the damage to both vehicles, the position of the cars, any skid marks, and the surrounding area. These photos can provide valuable evidence when filing your insurance claim.
If there were any witnesses to the accident, try to get their contact information as well. Their statements can be beneficial in corroborating your account of the incident.
Should I Report the Accident to the Police?
In California, you’re required to report a car accident to the Department of Motor Vehicles (DMV) within ten days if there were injuries, deaths, or property damage exceeding $1,000. However, it’s generally a good idea to call the police at the scene of the accident, regardless of the severity. A police report can serve as an impartial third-party account of the accident, which can be helpful when dealing with insurance companies.
How Do I Report the Accident to My Insurance Company?
After ensuring everyone’s safety and gathering the necessary information, the next step is to report the accident to your insurance company. Most insurance companies require you to report an accident as soon as possible, so it’s best not to delay.
When reporting the accident, be honest and provide as much detail as possible. The information you gathered at the scene will come in handy here. Remember, any false statements can lead to your claim being denied or even legal consequences.
What If I Have Injuries from the Accident?
If you’ve been injured in the accident, seek medical attention immediately, even if the injuries seem minor. Some injuries may not be apparent right away and can worsen over time if left untreated.
Keep a detailed record of all medical treatments, including doctor’s visits, medications, physical therapy, and any other related expenses. These records will be crucial when seeking compensation for your medical bills.
What Compensation is Involved in a Car Accident?
What If the Other Driver is Uninsured or Underinsured?
In California, all drivers are required by law to carry a minimum amount of liability insurance. However, not everyone follows this rule. If you find yourself in an accident with an uninsured or underinsured driver, it can complicate your insurance claim.
If you have uninsured motorist coverage as part of your own insurance policy, this can help cover your expenses. This type of coverage is designed to protect you in situations where the other driver is at fault but does not have sufficient insurance to cover your damages.
However, dealing with your own insurance company in these situations can still be challenging. They may try to minimize your claim or deny it altogether.
What If I’m Partially at Fault for the Accident?
California follows a “pure comparative negligence” rule in car accident cases. This means that if you’re found to be partially at fault for the accident, your compensation will be reduced by your percentage of fault.
For example, if you’re found to be 30% at fault for the accident and your total damages amount to $10,000, you would only be entitled to recover $7,000 (or 70% of your total damages).
Determining fault in a car accident can be complex and often requires a thorough investigation.
What If My Car is a Total Loss?
If your car is deemed a total loss, meaning the cost to repair it exceeds its value, your insurance company will typically pay you the actual cash value of your car before it was damaged. However, determining the actual cash value can be subjective and often leads to disputes with the insurance company.
What If the Insurance Company Denies My Claim?
Insurance companies can deny claims for a variety of reasons, such as alleging that you were at fault for the accident or that your injuries are not as severe as you claim. If your claim is denied, you have the right to appeal the decision.
Remember, dealing with insurance companies can be complex and stressful, especially when you’re also dealing with the aftermath of a car accident.
How Can an Experienced Attorney Help Me?
Navigating the aftermath of a car accident can be overwhelming, especially when dealing with injuries and insurance claims. An experienced attorney can guide you through the process, ensuring your rights are protected.
A talented attorney can help gather evidence, negotiate with insurance companies, and if necessary, represent you in court. They can also help you understand the complex legal terms and concepts involved in a car accident claim, ensuring you’re fully informed every step of the way.
For example, under California law, you may be entitled to compensation not only for your medical bills but also for lost wages, pain and suffering, and other damages. An experienced attorney can help you understand what you’re entitled to and fight to get you the compensation you deserve.
If you’ve been involved in a car accident, call Gibson & Hughes today at 714-406-0998 for a free, confidential consultation.
