Navigating Your Car Accident Personal Injury Claim in California

Summary

This article will walk you through the process and provide pertinent information about car accidents and personal injury claims.

If you are a driver in California, you would know how risky it is to drive on our highways because of the risk of getting into a motor vehicle accident. Different states follow different legal protocols when filing a car accident claim. It is then important to be familiar with state rules to navigate the process smoothly and succeed with your case. 

This article will give you a rundown of the important information when filing a claim in California. An expert personal injury attorney can better assist you, given their experience handling similar cases of varying complexities.

Our competent lawyers at Frantz Law Group are committed to our clients. We ensure that each case is handled with utmost care while guaranteeing that your welfare is a top priority. Our knowledgeable legal team is dedicated to providing sound legal advice and solutions to each of our car accident clients.

What Constitutes a Car Accident Personal Injury Claim?

To qualify for a personal injury claim, another negligent party must have caused the car accident, and it must have resulted in injuries and economic or non-economic damages. 

In California, the at-fault party must be proven to have breached their duty of care by speeding, running a red light, distracted driving, or other acts of negligence.

Common Scenarios Leading to Car Accident Personal Injury Claims

Here are some usual examples of scenarios that lead to car accident injury claims:

• Read-end collisions: These are car crashes wherein one vehicle bumps into the rear end of another, usually due to the cars being too close in proximity and/or sudden braking. Victims typically suffer from serious injuries in the neck, head, and/or back. The driver at the back almost always becomes liable for the accident.
• T-bone (side-impact accidents): This happens when one vehicle hits the side of another, usually at intersections when one driver tries to run a red light. Passengers on the side of impact typically suffer from fractures, internal injuries, and/or head and body trauma. The driver who did not follow the traffic signal/s is usually at fault.
• Head-on collisions: This is when two vehicles come crashing towards one another head-to-head, typically due to drivers going the wrong way, crossing the centerline, or when one driver is under the influence. Victims tend to incur head and/or spinal cord injuries or may even end in wrongful death. The motorist found to be driving the wrong way is liable in this scenario.
• Multi-vehicle pile-ups: These are chain-reaction collisions typically caused by drivers running at high speeds on highways or sudden braking. The severity of the collision determines the injuries and damages. Because they involve multiple vehicles, a thorough investigation is required to determine liability.

Critical First Steps After a Car Accident

After a car accident, it is important to have presence of mind and immediately take the following steps:

• Ensure safety. If you’re conscious, the first thing you need to do is get to a safe place far from the accident scene to avoid further harm.
• Seek medical attention. Whether you have visible physical injuries or not after a car crash, immediately seek medical attention to assess the impact’s gravity and obtain medical records.
• Document the accident scene. Make sure you document everything, from the extent of the vehicle damage to the bodily injury you sustained in the motor vehicle accident.
• Exchange information. Get all the details of the at-fault party, from their basic information to their insurance information.
• Gather witness statements. If anyone was present when the car accident happened, solicit witness testimonies from them to help you with your car accident case.
• File a police report. Go to a law enforcer to file a police report and get all the details in writing, which can help you greatly when filing a claim.
• Call your attorney. Get an attorney, preferably one specializing in auto accident insurance claims, to help you navigate the legal process and get maximum financial compensation.
• Notify your insurance company. You or your legal representative must immediately notify your insurance company of the motor vehicle accident and the pertinent details of your car accident case.

How Compensation Works in California

In California, personal injury compensation follows an at-fault car insurance system wherein the driver found responsible for the accident is deemed liable for the damages and expenses incurred. Determine fault when filing insurance claims to arrive at a just compensation. 

Here’s the process in a nutshell:

1. Determining fault: Based on evidence from accident scene documentation, police reports, witness testimonies, or CCTV footage, liability is determined by each party’s insurance company.
2. Filing a claim: As a victim, especially if you’re uninsured, you can file a claim with the at-fault driver’s insurance company to be compensated for the injuries and damages you incurred. Depending on your insurance policy, you may also file a claim with your own insurance company.
3. Assessing the extent of damage: In a car accident, you may incur different types of damages, which may either be economic or non-economic. Other times, the victim may also suffer for a lifetime. The compensation awarded is based on the extent of damage determined through the investigation.
4. Settlement and litigation. An insurance claim usually goes through settlement negotiation, as initiated by the at-fault party’s insurance company. A personal injury attorney is most helpful in reviewing the settlement offer and ensuring that you get maximum compensation. The case may go to trial if a fair settlement cannot be reached.

Comparative Fault Rules in California

The state of California operates on a “pure comparative negligence” rule, which indicates that a party found to be partially at fault may still recover damages, given that the amount of compensation is proportionate to the percentage of fault.

Comparative fault works by determining the fault percentage of both parties or how much they have contributed to the accident. Insurance adjusters are typically involved during a settlement negotiation, and a judge or jury if the case goes to trial. Total compensation is reduced depending on your fault percentage in the accident.

Types of Damages You Can Claim

Economic Damages

• Medical expenses. Incurring car accident injuries require equally serious medical treatment, which means that your medical expenses can pile up.
• Loss of earnings. For some car crash victims, getting into an accident means losing the capacity to function, making them unable to earn to support their daily living.
• Property damage. Auto accidents almost always involve some form of damage to the victim’s property, which means that expenses must be made to have it repaired or replaced.

Non-Economic Damages

• Pain and suffering. Victims of car accidents, more often than not, end up suffering from emotional distress on top of the physical pain that they experience.
• Decreased quality of life. Car accident victims typically report experiencing a decreased quality of life due to the financial and non-financial losses they are going through.

Long-term Damages and Permanent Disabling Injuries

For some of the sufferers of personal injuries from auto accidents, these injuries and damages can be long-term or even permanent. Very serious injuries may require long-term medical care and rehabilitation. Others may suffer from permanent disability, which can have a serious negative impact on their emotional and psychological health as well.

Dealing with Insurance Companies

It can be tricky to deal with insurance companies if you do it alone. Here are some strategies that can decrease the likelihood of you jeopardizing your claim:

Be mindful of your communication.

Be prompt in reporting factual and accurate information to insurance companies of involved parties, keeping in mind that all information you provide may be used against you. Consult with an attorney or, better yet, have a legal representative talk on your behalf. Keep a record of all exchanges made regardless of the mode of communication, but it is recommended to put everything in writing.

Be meticulous in your documentation.

Be conscientious in keeping a detailed record of all medical bills and non-medical expenses, as well as healthcare provider visits, purchased medications, medical procedures, and damage repairs.

Be cautious in your negotiation.

Be careful in evaluating the payout amount, ensuring that everything is accounted for given your and the at-fault party’s insurance coverage. If available, have a personal injury attorney review offers to ensure you get fair and maximum compensation.

Common Tactics Used by Insurance Companies to Minimize Payouts

Delaying the Claim

Some insurance companies delay processing claims, so you become impatient and frustrated and either withdraw the claim or accept a low-ball offer. An experienced personal injury lawyer can exert pressure by threatening legal action to make the process faster.

Requesting Unnecessary Information

Accident victims are sometimes asked for multiple requirements and unnecessary documentation to frustrate the claimant or find reasons to deny the claim. Your legal representative, who knows the ins and outs of the legal process of filing, would know which requirements are necessary, saving you the hassle of providing unnecessary information.

Disputing Liability

A way out of a huge auto insurance payout is to prove that the claimant is at least partially at fault. Your personal injury lawyer can prevent this by gathering and presenting solid evidence to strongly establish that the other party is solely or largely liable for the accident.

Using Your Statements Against You

If you are not careful with your communication, insurers may use your words against you to harm your agenda. An experienced legal representative can handle negotiations and communications or can advise you on how to avoid this kind of situation.

Why Legal Representation is Crucial

Having an experienced car accident lawyer to represent you can significantly improve your chances of receiving fair compensation through the following:

• Navigating the complex legal process. Your personal injury attorney can expertly handle the intricacies of the legal and claims process with their legal knowledge and experience working on similar cases.
• Negotiating better settlement offers. Having a legal representative equipped with effective negotiation skills can take out the hassle of communicating with the at-fault driver’s insurance company to negotiate a car accident settlement offer that feels fair.
• Collecting and presenting evidence. Your attorney will help you gather evidence and witness testimonies and present them effectively through strategic planning in support of your personal injury case.
• Representing you in a court trial. If a fair settlement can’t be reached, your attorney may file a personal injury lawsuit and take your case to trial to get you the justice you deserve.

Finally, aside from the practical assistance that your car accident attorney can provide, having someone to legally represent you can allow you to focus on your recovery and regain and maintain your peace of mind.

Get Expert Help with Frantz Law Group

Car accident personal injury claims can be challenging to navigate and manage. Having expert legal representatives to assist you can take a significant load off of you as you go through this tough time. Our car accident attorneys and personal injury lawyers at Frantz Law Group are at your service, ready to provide legal advice and assistance to get you the compensation you deserve.

Book an appointment with our law firm for a free consultation and case evaluation about your personal injury case. Call our phone number: (855) 930-2626.