California's personal injury laws allow people hurt in various accidents to sue the parties at fault for damages. The injured can utilize the money they obtain to cover their medical expenses, lost wages, and other losses, like lost earning potential, property damage, and pain and suffering. To collect their due compensation, plaintiffs must adhere to the rules established when submitting accident claims in California. A knowledgeable personal injury lawyer can guide you through the complicated legal process and assist you in building a solid case against the at-fault party. Your lawyer can actively handle your case as you recover from your injuries. That helps you avoid delays leading to a missed chance to submit a claim. The following are some actions you can take in San Diego when filing an accident claim:
Call for Help
After an accident, you should seek assistance right away. You or another accident victim could have sustained injuries. To ensure that everyone involved in the collision is safe, dial 911. Allow someone else to call on your behalf if you cannot do so. Right away after an accident, you should seek medical attention to ensure that your injuries are correctly diagnosed and treated before they worsen. When you put receiving medical attention first after an accident, you can easily persuade the at-fault party, the insurance provider, and the civil court that you were hurt in the collision.
If you are critically hurt, call 911 yourself or have someone else do it for you. The accident is reported to the police via a 911 call. The police will send medical assistance to you if you or another person is hurt in the collision. Keep in mind that it is required by law to report accidents to the police. Once the police arrive on the collision scene, they can gather evidence, speak with witnesses, and compile a report on the incident. This report can be used to establish responsibility and provide evidence in support of your injury claim.
Additionally, as soon as possible after the accident, inform your insurance company about it. After an accident, you have up to 48 hours to contact your insurance company. If you wait any longer, the insurance provider can deny your claim, leaving you without money to cover your losses. You should contact the other party's insurance company if you are not at fault for the collision or do not have coverage. Before accepting or rejecting your claim, insurance companies must have enough time to examine an accident and compile a report.
What To Do If The Accident is Your Fault
Regardless of who was responsible for the collision, the law compels you to contact the police and your insurance company immediately. Even if someone else is at fault, notify your insurer. No matter who was at fault, you will be compensated for your damages. Your insurance company will take the appropriate procedures to ensure that you obtain the compensation you are entitled to if someone else was to blame for your injuries.
Shared culpability or comparative negligence laws in California guarantee that you will receive compensation even if you contributed to the accident in any way. What portion of the other liable party's damages you should be awarded will depend on how much of the accident you were to blame for.
You will submit a claim against your insurance provider if you are solely responsible for your damages. Make sure you tell your insurer as soon as possible to give yourself time to explain what transpired in the collision.
An insurance adjuster is given the case as soon as an insurance company receives notice of an accident. The adjuster must consider your claim and advise the firm whether to accept or reject it. The adjuster could arrange an out-of-court settlement to protect the insurer and avoid the drawn-out and tiresome litigation procedure.
Notify California DMV of the Accident
If any of the following occurred during a vehicle collision, you are legally required to report to the DMV within ten days of the accident:
- Someone was hurt in the accident or died, no matter how minor the injury.
- Property damage from the crash was at least $1,000 worth.
California has a DMV reporting system that allows the state to keep track of all drivers' driving records and determine who among them is a careless driver. Remember that every driver in California receives a driver's license from the DMV. If the department has cause to suspect you are a negligent driver, they can revoke your license.
Even if an accident occurs on private land, you must report it to the DMV. You still need to file a DMV crash report even if the police responded to the scene and compiled their report.
You make this report by submitting a Form SR-1 to the California DMV. You must enter the following details about the accident in the form:
- The participants in the collision.
- Whether the incident resulted in injuries or death.
- Whether the crash caused property damage and whether its estimated value could be more than $1,000.
Regardless of the reason for the accident or who was responsible, all parties involved must file form SR-1 with the DMV. The DMV must receive a report even from all drivers without auto insurance. The DMV can suspend your driver's license if it determines that you were driving without insurance. If you do not report a car collision, no matter how small it could seem, the DMV can also suspend your license.
File Your Claim Within Set Deadlines
All personal injury cases in California are subject to statutes of limitations, which set limits for plaintiffs to file lawsuits in civil court. After your accident, you have limited time to file a claim. If you were in a car accident, you have two years to initiate a lawsuit in a civil court. You must seek medical attention within that time, obtain a medical report, compile evidence, identify the responsible party, and submit a lawsuit. You could lose that chance if you submit your claim after the designated deadline.
You can quickly fulfill the deadlines with the correct legal assistance. It is because knowledgeable personal injury lawyers know the consequences of missing them. Because of this, your lawyer will start the legal procedures as soon as your accident occurs to ensure everything is ready and your case is in court before the two-year window closes.
Remember that the statute of limitations only affects the time you have to submit a lawsuit. It does not specify how long you have to report the collision to the police, DMV, or your insurance company. To avoid losing your opportunity to obtain the compensation you are entitled to, your attorney will ensure you submit all required reports on time.
Remember that most insurance providers need you to notify them of your accident immediately after it occurs. It would help if you informed the insurance provider that you were involved in an accident and would make a claim with them for reimbursement at least 48 hours in advance. Delaying that can make receiving compensation for the accident's damages more difficult. The insurance provider can pay you even before the two-year window has passed if they are open to an out-of-court settlement. However, if the insurance provider takes too long to react to your claim, you can promptly bring a civil court action against them.
What To Do If You Do Not Have Insurance
In California, driving without insurance is a significant offense. In the event of an accident, insurance coverage will protect you and others. For example, covering everyone's medical expenses and other damages would be challenging if you were in an accident and several others suffered injuries. Everyone will be adequately compensated for their losses if you have auto insurance. Because of this, California fines drivers who are caught driving without insurance. If this is your first offense, you can be subject to a fine of up to $200. However, your penalties can increase if you are involved in an accident while driving without insurance. The court could impound your car, and the DMV could temporarily or permanently suspend your license.
It does not follow that you are not entitled to compensation under California's personal injury statutes if you were hurt in an accident but were operating a vehicle without a license. While operating without a permit can result in penalties, you can successfully pursue damages from the person or entity at fault. The law permits you to claim with the at-fault party's insurance company if you do not have insurance and were not at fault for the collision. Remember that you must first prove your liability and amass sufficient proof to substantiate your claim.
However, remember that the insurance company for the other party does not speak for you. Working with your insurance company could be simpler if you had coverage because they have your best interests. But since they are not obligated to act in good faith concerning your case, someone else's insurance company can choose to reject your claim. Work closely with a capable personal injury attorney to ensure that you are fairly compensated for the harm you received in the collision despite being to blame for driving without insurance. Before submitting a claim to the at-fault party's insurance company, discuss your options with your lawyer.
What to Do With Your Damaged Vehicle
The majority of auto accidents cause both property damage and bodily harm. You go to the doctor right after an accident to receive treatment for your physical wounds. Medical expenses are included in compensatory damages under California's personal injury statutes. These damages allow you to cover your past, present, and future medical expenses until you recover entirely (if you can).
Damages for lost or damaged property are also under the statutes. After the collision, your car needs to be repaired or replaced. You will include it as one of the damages in your claim. As a result, you could have your vehicle fixed even before you obtain payments for any damages from the responsible party.
You can take your car to any shop for repairs following the accident. However, most insurance providers maintain a network of repair facilities that can charge your insurer directly and give discounted rates. You can drive your car to one of these shops or a shop of your choice.
To negotiate the price of repairs and the kinds of repairs the insurance company will pay for, an insurance adjuster could be present if you prefer a different repair shop than your insurance provider suggests. Therefore, let your insurance company know as soon as you decide to have your car fixed.
If you utilize your favorite repair facility, you could have to foot the bill for additional expenses if the facility detects more damage to your car than was initially thought. However, the insurance provider will be ready to cover those added expenses if you go to one of the suggested repair shops.
It is recommended to obtain the advice of an experienced personal injury lawyer before deciding where to take your vehicle for repair. Your lawyer will review your alternatives with you and assist you in making the best decision, given the circumstances. You should also conduct a quick background check on the auto repair facility where you plan to drop off your car to make sure that it offers reliable and competent auto repairs. The last thing you want is to have your vehicle suffer from poor services that exacerbate existing problems. When the time comes to sell your car, low-quality repairs will reduce its worth and make it challenging to do so reasonably.
Remember that you can have your car fixed while receiving medical attention for your injuries. According to personal injury legislation, compensatory injuries include losses for your medical expenses and property damage. Insurance companies are always ready and willing to distinguish between property damage to vehicles and bodily injury. However, before signing any agreements provided by your insurer, ensure you have correctly read and understood them to guarantee your rights are not violated.
Evidence an Insurance Company Needs to Verify Your Claim
An insurance provider will designate an adjuster to your case whenever you submit a claim. The adjuster will contact you again to determine the best action for the insurance company, acquire proof, and look into your claim. The company has the right to accept or reject your claim based on the adjuster's findings.
To validate your claim, the adjuster will need the following details:
- Claiming document.
- A transcript of your statement on the incident.
- Examination of your car.
- Damage report from a reputable auto repair facility.
- Photographs and videos of the scene of the accident.
- Your health records.
- Your healthcare costs.
- Evidence to back up your claim for lost wages and earning potential.
- Any other details you could have regarding the case.
Following receipt of the facts mentioned above by the adjuster, the insurance provider will begin an investigation into your accident. The insurance provider must comply with this legal requirement within fifteen days of receiving your notification of an accident. Following this examination, the company has forty days to accept or reject your claim. If your claim is straightforward and determining fault is not a huge problem, the insurance provider can respond within a few days. However, it can take longer if determining fault is difficult or the accident was severe.
You can expedite the process by gathering the required paperwork, images, videos, witness statements, and other evidence supporting your claim.
Out-of-Court Settlements
An insurance adjuster could make you an offer on behalf of the insurance company after looking into your claim and verifying the data you have provided. The proposal typically falls short of what you are due. Even if the offer is much lower than your total claim, the adjuster can convince you to take it. You will not want to accept that offer, according to your lawyer. To make sure you receive the money you are due, they can try to negotiate a better deal or go ahead and launch a lawsuit.
Settlements reached outside of court save a lot of time and effort. They also offer a speedy fix, particularly if you have financial difficulties. Your financial load could be used as leverage by the insurance adjuster to persuade you to accept a concessional offer. You will be prevented from making that unfortunate error by your attorney. You could receive paid sooner rather than later if the adjuster is willing to bargain for a better offer. In contrast, you are better off fighting for your reimbursement in a civil court if all attempts at negotiating with the adjuster fail.
Find a Reliable San Diego Personal Injury Lawyer Near Me
Do you or a loved one want to file an accident claim in San Diego but need help knowing where to begin? A knowledgeable personal injury lawyer can make the legal procedure easier for you. At the San Diego Personal Injury Law Firm, we counsel, assist and support clients who have suffered personal injuries while they battle for just compensation. We could have all the solutions you are looking for to make sure you submit a successful claim to the insurance provider or civil court. Call us at 619-478-4059 for quality and professional legal assistance. We will examine the specifics of your situation and guide your alternatives.