Although being involved in a car accident is extremely stressful, if you are able to follow the below steps it will significantly help your case:
- Call the police.Take photos of the accident scene.
- Talk to any witnesses and get their contact information.
- Get insurance information and driving license from the other driver.
- Do Not make any Statement about Fault
Be evaluated by a doctor: Try to see a medical professional at a hospital emergency room, urgent care or your own physician ASAP, preferably the same day of the accident. - Take photos of your bruises, scrapes or other physical injuries.
- Call a personal injury attorney
You may also want to make sure the other motorist is not injured. If no one gets out of the car or you see that the other party is injured or you are seriously injured, make sure to request an emergency response team (EMT) when you call police.
If the other driver is fine and gets out of the vehicle, you exchange information with each other, such as insurance policies and drivers’ licenses. As California is a “Fault” state, this means that whoever is determined by the police and the court system to be at fault for the accident is legally liable for possible medical bills and vehicle repairs.
The minimum amount of liability insurance you must carry in California is:
- $15,000 for injury or death of one person involved in the accident, when you are at fault,
- $30,000 for more than one person when there are injuries or death, and you are at fault, and
- $5,000 for property damages when you are at fault for the accident.
It is also important that you carry an Uninsured motorist (UM) or Underinsured motorist policy (UI).This means that if the another party was found to be at fault but they do not have the legally required insurance or there insurance is too small to pay for the full value of your car and pay for your medical bills and injuries, than the UM or UI coverage takes over.
Be sure to make your own notes about the accident on paper or on your smartphone. Additionally, take pictures of the scene as soon as possible. While not part of the law, you should also report the accident to your insurance company, particularly if you need a rental car while yours is being repaired.
But Whose Fault is It, Really?
It is not always clear who caused the accident. Both drivers could be at fault, but the insurance company and the court system determine the financial percentage of fault for each driver, based on the evidence of the accident. You may owe $5,000 but the other driver is liable for $30,000 in damages. That means you can recover $25,000 from the other driver’s insurance. The determination is made from your statement, the other driver’s statement, witness statements, and what police state about the scene of the accident.
What You Should Not Do?
Do not declare yourself at fault for the accident. State what happened as accurately as you can when giving your statement to the police. Deciding who is at fault, including a percentage of liability, is the job of the police and the court. You may need to hire an attorney to make sure you receive everything you are entitled under California Law, particularly if there were any physical injuries involved.
WHY YOU NEED AN ATTORNEY?
If you have been injured as a result of the negligence of another, whether it be a car, motorcycle, trucking accident, or bicycle accident, or any other type of accident, you are well advised to seek the assistance of a personal injury attorney. An experienced attorney will provide free, no risk case consultations to injured persons and their families. They will help you determine if you are able to recover the compensation you deserve for your injuries (medical bills, lost wages, car repair, doctors bills, etc) to help you get back on your feet to where you were prior to the accident.
Although your insurance will initially pay for your medical bills, you will still be responsible for your own deductibles and co-pays. This can become a serious financial burden. Your insurance company will file a lien on what they spent but you need someone to fight for you. If you have a serious injury, It can become very expensive and very complicated very fast unless you have someone to fight for you. A personal injury attorney will set you up with medical care that will wait to be paid only upon settlement of the case. They will not bother you with bills and deal with the attorney directly.
Call us at eBraunLaw to get assistance with your case if you have a traffic accident. We offer a free consultation to give you the help you need. Toll-free: 877-533-4LAW or 818-796-4529.
THE RIGHTS OF A PASSENGER IN A CAR ACCIDENT
The insurance policy of the car at fault supposed to pay for your medical care, loss of work and pain and suffering. Policy limitation may affect the amount of coverage.
If the driver for the car in which you were a passenger was at fault, the insurance policy covering the driver supposed to cover your injuries, loss of work and pain and suffering. Policy limitation may affect the amount of coverage.
If the car in which you were a passenger does not have insurance, you are entitled to be covered for “Economic Damages” such as medical bills and lost earnings from the other car although your driver was the one at fault
THE DEADLINE TO FILE A LAWSUIT OF A PERSONAL INJURY CASE
In California there is a two year Statute of limitations to file a claim for personal injury. It means that usually after two years you forfeit your right to file your claim if it was not field before that. (Cal. Civ. Proc. Code § 335.1)
All vehicular accidents, covered by California Vehicle Code (CVC) section 20008, must be reported within 24 hours to either the California Highway Patrol or to the police in the city where the accident occurred. It would be better to call the police to have them come and review the accident on-site and create the report themselves, so you do not have to.
Call us at eBraunLaw to get assistance with your case if you have a traffic accident. We offer a free consultation to give you the help you need. Toll-free: 877-533-4LAW or 818-796-4529.
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