What to Do After a Car Accident in California

1. Get to a position of safety. If you are able to do so, immediately move to the side of the road, or a position where you will be safe from any further accidents. Turn on your hazard lights. Assist anyone in your vehicle in doing so as well. Evaluate the scene and decide if you are able to assist anyone else.
2. Call 911. Ask for assistance from law enforcement. Request emergency medical attention if necessary.
3. Evaluate your injuries. Check yourself and any occupants of your vehicle as well as other vehicles. Take reasonable precautions, such as sitting/lying down, applying pressure to any bleeding, etc., while you await emergency personnel.
4. Identify and talk to witnesses. If you are able to do so, identify any witnesses and get their contact information. Listen to what they say but do not talk to them about your impressions of how the accident happened.  Leave those comments for the police.
5. Think before you talk. Reflect on what you are going to say before talking to the police. Be truthful and as detailed as possible, but if you don’t know or remember something, say so. Don’t make conclusions based on matters not actually seen or heard by you.
6. Take pictures with your cell phone. If possible, take pictures of all of the vehicles involved and any damage at the scene of the accident. If your vehicle is a hazard to other vehicles, move it off of the road if that can be done safely, and then take pictures. Make sure to take pictures of the license plates of all vehicles involved.
7. Exchange information. Exchange insurance information including the policy number, driver’s license numbers, and phone numbers with other drivers but don’t talk to them about your impressions of how the car accident happened. Also get the badge numbers of the police officers at the scene. This can useful later on if you decide to get a a copy of the police report.
8. Report the accident to your auto insurance company. As soon as possible, report the car accident to your insurance company. It is also a good idea to review your insurance policy.
9. See a medical professional. Get medical attention promptly, even if you think your injuries are minor. Often, injuries are not felt as painful until hours after an accident. Also, you may have internal injuries you are not immediately aware of. Depending on your assessment of your injuries, seek an ambulance to a hospital, get a ride to an emergency room or urgent care, and/or see your primary care doctor.
10. Protect your legal rights. Seek advice from an experienced and proven car accident lawyer. An attorney can be much more effective in assisting you if they get involved with your case early. By all means, talk to a lawyer before talking to a representative of the other driver’s insurance company. They will only try to get information from you that they can later use against you.

Follow Up Steps After the Accident

FILING AN INSURANCE CLAIM AFTER AN AUTO ACCIDENT

After a motor vehicle accident, the contact the insurance companies and give an account of the collision. Always be truthful but do not voluntarily give unnecessary information to any insurance agent. The insurance companies will try to settle for the lowest amount possible and likely try to place a percentage of the blame on all drivers involved.

Filing a claim can be accomplished by calling your insurance company or reporting the incident through an online portal. Regardless of who was at fault, all motorists should notify their insurance providers. If uninsured, a driver can file a claim with the other driver’s insurance company if they believe that driver was at fault.

You are not required to give a recorded statement.

It is likely an adjuster will contact the parties to get a recorded statement. You are not required to give a recorded statement. If one chooses to give a statement, simply present the facts with no added details and avoid giving any information about impressions of the accident or saying any statements such as “I’m feeling fine” or “there is no serious damage or injuries.” Anything stated to an insurance adjuster will be used to deny a claim, delay a claim, or lower the potential financial value of a claim.

If the insurance company has denied a claim or if a settlement offer is lower than the cost of damages, a lawsuit may be necessary. If the insurance company has denied a claim because it determined both drivers were at fault, that does not mean a lawsuit will be unsuccessful.

Even if both drivers bear some percentage of fault, it is still possible to collect damages in a personal injury lawsuit. When filing a lawsuit, the plaintiff has the burden of showing the defendant was liable for the accident by providing evidence of negligence.

DOCUMENT COSTS INCURRED SINCE THE ACCIDENT

Filing a lawsuit requires some investigation into the car accident and collecting all evidence. It is important to keep any documentation of the crash, all receipts from repairs, and all medical and hospital bills. This will help you collect a higher amount of damages in a lawsuit.

When a driver is not properly adhering to all the rules of the road, then they are likely in breach of their duty of care. Once a breach has been established, then it must be shown that the breach caused the accident. This will require some type of evidence to prove, such as police reports, victim testimony, and statements from a witness.

The last element – damages – is generally easy to show because when there is a car accident worth filing a lawsuit over, generally it will involve property damage and personal injury or death.

It is important to keep track of the medical bills associated with the injuries caused by a car accident. Evidence of injuries can be submitted as part of an insurance claim and pursued as damages in a civil lawsuit. This will allow the injured party to receive financial compensation for all damages sustained.

CONTACT AN EXPERIENCED ATTORNEY

After a car accident, whether you are filing an insurance claim or thinking of pursuing a lawsuit, a personal injury lawyer should be consulted. Car accident attorneys such as the attorneys at Curtis Legal Group can handle the conversations with insurance adjusters, as well as all communication with the other side. Most cases will result in a settlement, and attorneys can help ensure maximum available compensation is awarded through negotiations.