In California, understanding the steps involved in the car accident claims process is crucial to ensuring you receive the compensation you deserve
Being involved in a car accident is a very stressful experience, and navigating the insurance claims process afterward can add an additional layer of stress and complexity. This article outlines the 9 key stages of the insurance claims process in California, providing a roadmap to help you navigate this challenging time.
Step 1: Ensure Safety and Gather Information
Immediately after the accident, prioritize safety. Move to a safe location, check for injuries, and call 911. Even if the accident seems minor, it’s important to call the police and obtain a police report for the record. Gather as much information as possible at the scene, including:
The names, full contact information, and insurance information of all parties involved.
Take photographs of the accident scene, including all vehicles, any visible injuries, road conditions, and the license plate number and driver’s license of other parties.
Gather witness names and contact information and any information about what they saw.
Step 2: Report the Accident
California law requires that any car accident resulting in injury or death be reported to the California Highway Patrol or the local police department within 24 hours. Furthermore, any accident that results in property damage over $1,000 must be reported to the Department of Motor Vehicles (DMV) within 10 days using the SR-1 form. You must obtain a police report before filing an insurance claim.
Step 3: Seek Immediate Medical Attention
If you haven’t already, see a healthcare provider as soon as possible after the accident, even if you don’t feel injured. Some injuries are not immediately apparent. Medical records will be crucial in documenting your injuries for the insurance claim and if you plan to make a claim for injury you need to seek and receive medical treatment and obtain evaluation and diagnoses of your injuries.
Step 4: Notify Your Insurance Company
Promptly inform your insurance company about the accident, even if you weren’t at fault. Most auto insurance policies require immediate reporting and full cooperation with your insurer. Provide them with all the gathered information. Avoid admitting fault or making definitive statements about the accident until you have consulted a lawyer. We recommend that you not provide any recorded or written statement to any insurance company, even your own, without your attorney’s approval. You are not legally obligated to provide a recorded statement without your counsel present. Unless your attorney is present during any recorded statement, we recommend against providing one.
Step 5: Understand California’s Insurance Laws
California is a “fault state”, meaning the person responsible for the accident is liable for covering the damages. California also follows a comparative negligence rule, which means compensation can be reduced if you were also at fault and will be reduced by your percentage of the fault for the accident.
Step 6: Consider Hiring a Car Accident Lawyer
Navigating the insurance claims process and dealing with insurance companies can be stressful and extremely challenging, especially if you’re recovering from injuries. Consider consulting with a car accident lawyer who can advise you on your legal rights, handle negotiations with insurance companies, and ensure you receive proper compensation for your claim. An insurance industry study found that individuals who were represented by an attorney received 3 times more compensation than self-represented individuals. Even accounting for a car accident lawyer’s fee, you are likely to obtain a far better settlement result when represented by an attorney.
Step 7: File an Insurance Claim
File a claim with the at-fault driver’s insurance company. You’ll need to provide evidence of the other driver’s fault, documentation of your damages, and a detailed account of the accident. Keep records of all communications and documentation related to the claim.
Step 8: Negotiate the Settlement
The insurance company paying the claim may offer a settlement to cover your damages. It’s crucial to understand the full extent of your damages, including medical expenses, lost wages, and pain and suffering, before accepting any offer. Your car accident lawyer will know what damages can be legally recoverable and the amount you can claim and can negotiate on your behalf to ensure the settlement covers your full damages.
Step 9: File A Legal Action If Settlement Cannot Be Reached
If a fair settlement cannot be reached, your attorney may recommend filing a lawsuit against the at-fault party. In California, for accidents involving individuals or commercial enterprises, you have two years from the date of the accident to file a personal injury lawsuit. If your claim involves a public entity such as a town, city, or state, you have 6 months from the date of the accident to file a notice of claim with the public entity, and 6 months to file a lawsuit from the date your claim is rejected by the public entity. Failure to comply with these filing deadlines will result in the permanent loss of your right to seek from the negligent parties.
Conclusion
The California car accident claims process involves several steps, from ensuring safety at the accident scene to potentially filing a lawsuit. Understanding these steps can help you navigate the process more smoothly and improve your chances of receiving fair compensation for your injuries and property damage. Remember, consulting with a knowledgeable car accident lawyer can provide invaluable input and assistance throughout this process, helping to protect your legal rights and your best interests.
We offer California Car Accident Victims a Free Consultation, and there are No Attorney’s Fees Unless We Recover Compensation For You
At The Hassell Law Group, our legal team are experts in car accident law and personal injury law with over 100 years of combined legal experience, and experience matters. We stand up to aggressive insurance companies and have a history of obtaining award-winning results for our clients. We fight every step of the way to achieve the best possible outcome for our car accident clients. We work on a contingency fee basis, which means there is no risk in hiring our law firm.
Contact us today to schedule a free consultation and case evaluation. We welcome your questions, and our legal team looks forward to helping you obtain just and proper compensation for your personal injury claim.
Read Next: How Do I choose A Good California Car Accident Lawyer?
The general information provided on this website should not be considered legal advice and does not constitute legal advice. For legal advice, you should consult directly with an attorney. If you contact us by telephone, email, letter, or by contact form submission through this website, please note that such communication does not create or constitute an attorney-client relationship. We cannot act as your attorney until we are hired as your attorney by a formal written agreement.
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