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Car Accident Legal Advice
In 2020, there were 3,847 vehicular crashes in California. In many of these situations, victims don’t know what to do. They may talk to the other driver’s insurance right away or make the wrong statements to the police. Some actions may appear innocent enough, but making the wrong move can hurt your personal injury case. Here is some free car accident legal advice that will help you determine the right course of action.
Reporting a Car Accident in California
Division 10, Chapter 1 of the California Vehicle Code requires that all drivers involved in an accident must report the accident to the California Highway Patrol or their local police department. They must complete this task within 24 hours if there is an injury or fatality.
By calling the police at the accident, car accident victims can hasten the report submission. The police report that the officer(s) create is sufficient for their department.
However, you should still report the accident to the California Department of Motor Vehicles (DMV) within ten days if the accident falls under either of these criteria:
- The accident resulted in any injury/injuries (major or minor) and/or fatality/ies
- The accident caused property damage worth more than $750
While there isn’t a law that states that you should report the accident to your insurance company, it’s likely that your insurance company has a policy about reporting accidents. It’s important to report the accident as fast as possible so that your request for coverage isn’t denied.
We recommend that you report the accident to your insurance company within 24-48 hours after the accident. Keep in mind that filing a report and filing a claim are two different things. You can report an accident to your insurance company without making a claim.
Making the report helps to give your insurance company notice in case the other driver files a claim. If the driver files a claim incorrectly, your insurance company can defend you as needed.
Why You Should Report Your Car Accident
While it is the law, reporting isn’t the first thing some drivers do. Many people believe that it’s best to handle car accidents outside of insurance companies or police departments. We don’t advise doing this, even for small fender-benders. There are multiple factors to consider:
- Some injuries from the accident may not be obvious at first
- Your car may have damage that you can’t see on the outside
- The other driver’s car may have damage that they can’t see on the outside
- The other driver may change their mind about the agreement you made
In any of these cases, it’s best to protect yourself. Collect your accident report even if you don’t think you need to. You may need that evidence later.
Determining Fault for a Car Accident in California
California is a comparative fault state, which means that if the plaintiff bears any responsibility for the accident, their settlement is reduced based on their percentage of fault.
If you feel that the car accident wasn’t your fault, you should consider that the state may find you somewhat responsible. For instance, if you were distracted while driving due to texting, you would be considered negligent. Therefore, your amount of responsibility will be taken into account and calculated as a percent of fault.
Types of Damages in a California Car Accident Case
Another piece of legal advice for car accidents is to pay attention to the type of damages you can claim in a personal injury lawsuit. There are economic damages and non-economic damages. Economic damages include the following:
- Medical treatments
- Prescription medications
- Medical devices
- Rehabilitation
- Restorative therapy
- Assistive devices
- Property repair
- Part replacement
- Lost wages
These types of damages typically carry a provable monetary value. However, non-economic damages aren’t as straightforward. Often, the court has to determine how much non-economic damages are worth. They can include:
- Pain and suffering
- Anxiety or post-traumatic stress disorder (PTSD)
- Grief and depsression
- Emotional distress
- Insomnia
- Inconvenience
- Loss of limb
- Body disfigurement
- Loss of enjoyment
- Loss of consortium
Non-economic damages may be more difficult to prove. However, they are just as important as economic losses. In order to be awarded full and fair compensation, get legal advice from an experienced personal injury lawyer. They can help you determine what you can and should claim.
California’s Statute of Limitations
If you decide to file a personal injury suit, you should bear in mind that the statute of limitations in California is two years. This starts from the date of the accident/injury. Once this date passes, you no longer have the legal right to sue the other party.
To ensure that you don’t exceed this time limit, you should contact your attorney with any concerns as soon as possible. The sooner they know, the sooner they can start filing necessary documents.
If the statute of limitations has passed, you can still attempt to file a personal injury claim. However, the case will more than likely be dismissed by the courts. At that point, the defendant has a right to motion for case dismissal. While there are some state exceptions, it’s more likely that the dismissal will stand.
Keep in mind that the two-year rule applies to settlements as well. The point of the time limit is to prevent people from seeking damages from the accident more than two years past the date. This takes the pressure off of the defendant to settle with you outside of that window of time.
More Car Accident Legal Advice
With our car accident legal advice, you’re bound to have a better experience if you’re the victim of a car crash. Our car accident advice can prevent you from making the wrong move.
If you’ve recently had a car accident, you need a car accident lawyer. The legal team at The Law Offices of Daniel Kim can help you get the financial relief and representation that you need.
Whether you’re looking for more legal advice, have questions about your accident, or wish to file a suit, we can help. Contact us today to get started.
