If you have been injured in an accident, you are undoubtedly dealing with a lot of pain, high medical bills and many hours missed from work. If you are like most people, the at-fault driver’s insurance company is probably fighting you every step of the way. There are a few steps you can take to make sure that things go smoothly and that you are reimbursed fairly.
What to do at the Scene of an Accident
When you are in a car accident with injuries, you should always stay at the scene until the police arrive and exchange contact information with the other driver. You should never admit to fault, because there may be factors involved in the collision of which you are unaware. Keep your cool and get the names of any witnesses.
Contacting Your Insurance Company
You should contact your insurance company as soon as possible. Make sure to tell them every detail of the accident and never lie to them. You should contact both your own insurance company as well as the at-fault driver’s insurance company.
The state of California requires insurance companies to acknowledge your claim within 15 days. The company must tell you if they accept or deny the claim within 40 days. If you agree to the settlement that they offer you, they must pay you within 30 days after the agreement is made. You should never accept a settlement with contacting a personal injury law firm, such as Bauman Law APLC. The consultations are always free, and an experienced attorney can tell you if you are getting a fair deal.
What it Means to Live in a Fault StateÂ
It is illegal to drive in California without insurance. You must be insured for at least $15,000 for injury or death to one person and $30,000 for injury or death to two people. You must also carry $5000 of insurance for any injury to property. California is a comparative fault state, meaning that the person causing the accident is responsible for the cost of damages and injuries in the crash. If both parties are responsible for the accident, the insurance company will attempt to determine the percentage of fault that each party is responsible for. If you are responsible for 20% of an accident, and the other party is responsible for 80% of the accident, They can file a claim against your insurance company for 20% of the costs and you can file a claim against their insurance company for 80% of the damages.
When to Contact an Attorney
You should contact an attorney soon after your accident. You will want to bring them a copy of the accident report, proof of your medical expenses and proof of any time you have had to take off of work. Be sure to bring along any settlement offers from the at-fault driver’s insurance company.
Having an accident is painful, time-consuming and stressful, but a good attorney can set you on the road to recovery.
*Authoritative Sources:
https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/hadaccident.cfm
https://www.dmv.ca.gov/portal/dmv/detail/pubs/brochures/fast_facts/ffvr18
