If you’ve been involved in an accident in California and need to file an accident claim, here are the general steps you can follow:
- Ensure Safety: First and foremost, make sure you and others involved in the accident are safe. If there are any injuries requiring immediate medical attention, call 911 or ask someone else to do so.
- Report the Accident: Contact the local law enforcement agency, such as the police or highway patrol, to report the accident. They will typically arrive at the scene, assess the situation, and create an official accident report.
- Exchange Information: Collect relevant information from all parties involved in the accident, including their names, contact details, insurance information, and vehicle registration numbers. If there were witnesses, try to obtain their contact information as well.
- Document the Scene: Take pictures or videos of the accident scene, including damage to vehicles, injuries, skid marks, traffic signs, and any other relevant details. These visual records can be useful during the claims process.
- Notify Your Insurance Company: Contact your own insurance company as soon as possible to report the accident. Provide them with accurate and detailed information about what happened. They will guide you through the next steps and explain the specific requirements of your policy.
- Seek Medical Attention: Even if you don’t think you have serious injuries, it’s advisable to get a medical evaluation after an accident. Some injuries may not manifest immediately but could have long-term effects. Follow your doctor’s instructions and keep records of all medical treatments related to the accident.
- Keep Records: Maintain a file of all relevant documents related to the accident, including the accident report, medical bills, repair estimates, correspondence with insurance companies, and any other related expenses or communications. These records will be important when filing your claim.
- Determine Fault: California follows a comparative fault system, meaning each party involved may be assigned a percentage of fault. Insurance companies and courts will consider this when determining compensation. It’s crucial to accurately establish who is at fault to protect your rights during the claims process.
- Consult an Attorney (if necessary): If you believe you need legal assistance or if the accident involved significant damages or injuries, consider consulting with a personal injury attorney who specialises in accident claims. They can provide guidance, protect your rights, and represent your interests throughout the process.
- File a Claim: Follow the instructions provided by your insurance company to formally file your accident claim. Provide them with all the necessary documentation, including the accident report, medical records, and any other relevant information. Be prepared to answer questions and cooperate with their investigation.
Remember, these steps provide a general guideline for filing an accident claim in California. Each case may have specific details or requirements, so it’s important to consult with your insurance company and, if needed, seek professional legal advice tailored to your situation.
When You Weren’t To Blame for the Accident?
If you weren’t at fault for the accident, but your insurance company believes that your injuries are related to the accident, you may be able to avoid paying for some of the expenses. In that case, you may be able to retain an attorney and make arrangements with your own insurance company for reduced payments.
If the accident occurred in California, you may also pursue damage from a third party that was not involved in the accident. These types of claims are generally referred to as “third-party premises” or “hit-and-run” accidents. To receive compensation for your damages, you must prove that the accident occurred and that it was not your fault. First, you must determine which legally permissible means of harm are applicable to the accident. For example, if an animal caused the accident, then you would be able to claim damages for injuries resulting from the animal’s actions. Also, all actions taken by each party in relation to the accident must have been voluntary or done in a reasonable way under the circumstances.
When You Were to Blame for a California Traffic Accident:
If you were at fault for an accident in California, you would still be entitled to compensation. The amount of compensation you receive, however, will depend on the extent of your own negligence. For example, if the other party was not injured, but your injuries were severe, then the law says that your compensation should be somewhat reduced.
Your insurance company may try to claim that your compensation should be lessened because you suffered a pre-existing injury or a disability. However, the law states that you cannot be deprived of compensation for your injuries simply because you already have some type of physical impairment. If you do, then they will not be able to rely on this argument. The insurance company must show whether or not the accident caused any exacerbation of your pre-existing condition. If you receive compensation for your injury, then that money will come from the insurance company of the other party, not your own. Your insurance company will also try to avoid covering any lost wages or other expenses related to being injured. In your claim, you should determine what expenses were caused by your injuries and which ones are a natural result of being injured in an accident.
When the Blame for an Accident is Shared Between Drivers:
Most people assume that when there is an accident, the person that was injured will always get compensation. However, this is not always the case. As discussed earlier, when determining liability for an accident, California law relies on a comparative negligence approach to determine fault. In order for your insurance company to pay for your damages, such as medical bills and lost wages due to injuries sustained in a car crash in California, they must have a reasonable belief that you were at least 50% responsible for the accident. In some cases, the other driver may not be held liable at all.
In addition to the insurance company’s belief as to your level of responsibility for the accident, you should also consider any history of prior accidents. If there have been several accidents involving you and the other driver in a relatively short period of time, then your insurance company may suspect that both you and the other driver are at fault.
In Conclusion:
You are entitled to compensation for your injuries. If you were not at fault for the accident, then your insurance company will cover the cost of any damages. However, if you were at fault for an accident in California, then the amount of compensation you receive will depend on the extent of your own negligence. In either case, it’s critical to identify all applicable sources of compensation and make a note of who was at fault for the accident.
