A Crucial Guide on What to Do If the Car Accident Wasn't Your Fault
I. Introduction
II. In Case of Non-Fault, Do I Contact Insurance
III. What If I Neglect to Contact My Insurance Company?
IV. What a Lawyer Can Do for You
V. Conclusion
VI. FAQs
When you're in an automobile accident, your thoughts quickly turn to who was at fault. How do you proceed when the at-fault driver is not you?
Every driver in California must be able to demonstrate proof of financial responsibility, according to California Vehicle Code Section 16029. In other words, you must have car insurance in order to pay for damages if you cause bodily injury to someone or property damage to a vehicle. Having said that, if you are the victim of an accident, you must still take specific procedures.
You must inform the Department of Motor Vehicles (DMV) if you were hit by another vehicle and the damage or bodily injury exceeds $1,000. According to state law, you must submit a Report of Traffic Accident Occurring in California form SR 1 demonstrating that you have proper insurance. This form must be completed and returned within ten days after the collision.
Even if you find yourself as the victim of an automobile accident, it is important to inform your insurance provider, as stated in the guidelines set by the California Department of Insurance. Your insurance policy serves as a contractual agreement that outlines the rights and obligations of both you and your insurance provider. Typically, one of these provisions requires you to cooperate with your insurance provider's inquiry. Failing to report the collision may result in a violation of your insurance policy.
Furthermore, it is crucial to grasp the concept of pure comparative negligence in the state of California. This legal principle allows individuals to seek compensation even if they bear some responsibility for their own injuries. However, the percentage of fault attributed to you will be deducted from the overall award you receive.
To illustrate, suppose you are determined to be 20% at fault in a car accident, and you are awarded $100,000 in damages. In this scenario, your award would be reduced by 20%, resulting in a final compensation of $80,000. This exemplifies why obtaining legal assistance following a car accident is highly advisable.
Remember, the aftermath of an accident can be overwhelming, both physically and emotionally. Seeking legal assistance not only helps you understand your rights but also provides you with the support and guidance needed to pursue a fair resolution. By partnering with skilled legal professionals, you can strive for a just outcome that adequately addresses your injuries, damages, and any other losses you may have experienced.
When involved in an accident, failing to notify your insurance company can unwittingly expose you to various hazards and complications. By not disclosing the accident, you may provide grounds for the insurance company to refuse your claim or even cancel your policy altogether. Even if the other motorist is at fault, they might contest the fault determination and submit a claim against your insurance coverage, bringing attention to the accident you failed to report.
Insurance companies, naturally, are not fond of paying claims. Their business model relies on collecting more premiums than they are obligated to pay out in damages and injuries. Consequently, the at-fault driver's insurance will diligently search for ways to avoid fulfilling damage or injury claims.
In the unfortunate event that the at-fault driver's insurance company denies your claim, there are only a couple of options available to pursue compensation:
It's important to note that failing to inform your insurance company about a car accident, and subsequently having the at-fault driver make a claim under your policy, can be seen as a violation of your policy terms. This situation may result in both you and the other driver being denied coverage, leaving you susceptible to legal action.
When you find yourself dealing with property damage and injuries caused by someone else's negligence, it is unjust for you to bear the financial burden. By enlisting the services of a skilled lawyer, you can ensure that your rights are protected and that you receive the compensation you deserve. A lawyer will not only provide valuable guidance but also take proactive steps to strengthen your case and pursue a favorable outcome.
Here are some detailed actions that a lawyer can undertake on your behalf to establish the extent of your losses resulting from the defendant's carelessness:
To establish that you were not at fault in the accident, your legal representation will rely on four key elements of negligence. These elements serve as the foundation for demonstrating that the other party was responsible for the incident and should be held liable for the resulting damages. Let's delve into each element with additional detail:
By meticulously addressing these elements of negligence, your legal team will build a robust case to establish that you were the victim of a preventable accident. Furthermore, if your injuries have resulted in long-term consequences, such as ongoing medical treatment or the inability to work, your lawyer will strive to ensure that you are rightfully compensated for the losses you have incurred. The objective is to alleviate your concerns about financial hardships and allow you to focus on your recovery and well-being.
You may be eligible for both economic and non-economic awards, depending on the extent of your losses.
The consequences of a car accident can be profound, both physically and mentally, and can include:
● Chronic Pain
● Disability
● Loss of Independence
● Emotional Suffering
● Medical Expenses
● Damage to Property
● Wages Forfeited
If you or a loved one has been injured in an accident, you may be eligible for financial compensation. You may also pursue a settlement through an insurance claim or litigation.
Your personal injury lawyer may be able to make a case against the findings of the police officer who came to the scene of the accident. Insurers and the court can also use a ticket or an arrest made after the accident as proof of who was at fault.
Despite the fact that the insurance company will try to prove the other person was not at fault, you should still have someone look over the proof and make sure everything is correct. A lot of times, a car accident is the fault of the driver on the other end of the accident. It's only after a thorough investigation that the insurance company and the court can come to the right conclusion.
For the best Los Angeles truck accident lawyers, you need a winning team like Mendez and Sanchez Law. Our lawyers and other members of our team are here to help you as we fight for the money you deserve. If you have been hurt in an accident, have workers' compensation, slip and fall, or need other legal help, call us for a free consultation at (323) 838-1444.
Yes, it is essential to inform your insurance company about the accident, even if you were not at fault. Your insurance policy likely requires you to cooperate with your provider's investigation.
Failing to notify your insurance company can expose you to risks, including claim denial or policy cancellation. Additionally, the at-fault driver's insurance company may contest fault determination and file a claim against your coverage.
Yes, California's pure comparative negligence rule allows you to pursue compensation even if you bear some responsibility. However, the amount you can recover will be reduced based on your percentage of fault.
A personal injury lawyer can provide valuable assistance by answering your questions, exploring your legal options, gathering evidence, and negotiating with insurance companies. They can also represent you in court if necessary.
The duration of a car accident lawsuit can vary depending on various factors, including the complexity of the case and the willingness of the parties to reach a settlement. It's best to consult with your attorney for an estimate specific to your situation.
