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Frequently Asked Questions

Learn more about what to expect and what you can do to better protect yourself by checking out the FAQs below:

How Quickly Should You File Your Claim?

There is a statute of limitations to keep in mind when it comes to personal injury claims. The good news is that you are given ample amount of time to act if you are a resident of California.

The law gives you up to two years to file your claim from the date of the incident. Take the time to recover properly from any injuries you may have sustained before moving to the next step.

Can You Still File a Personal Injury Claim if the Accident Was Partially Your Fault?

You can indeed still pursue a personal injury claim even if the investigators have determined that you were partially to blame for the accident. The only caveat is that the amount of compensation you receive may be affected by how much blame is thrust on to you.

Compensation will decrease as the amount of blame you have to shoulder increases.

Do You Need a Lawyer to Receive Fair Compensation?

Technically speaking, hiring a lawyer is not necessary in order to receive compensation. However, the odds of you being rewarded with the right amount will plummet without the help of a lawyer.

Insurance companies will fight tooth and nail to avoid giving out a large payment. They may even trick you into accepting a settlement that compensates you unfairly.

Protect yourself from the nefarious practices employed by many insurance companies by hiring an experienced lawyer.

Shouldn’t I Just Handle The Insurance Claim On My Own?

You might think that your car accident claim is relatively straightforward and that it should be simple to recover the compensation you deserve. Maybe you are concerned that hiring a car accident attorney in California would be too expensive and you would prefer to minimize costs by handling the case on your own.

The truth of the matter is that people who hire legal representation for an injury claim will nearly always end up recovering more compensation than those who don’t. The lawyers at Krasney Law know how to prepare your case with compelling evidence to support your claim and we have experience engaging in aggressive negotiations. If the insurance company refuses to pay you the amount you deserve, our attorneys will not hesitate to take your case to trial and help you. We even offer free consultations to asses your case to see if it is worth fighting for.

How Much Compensation Should You Expect to Receive?

Compensation will change depending on how badly you were affected by the accident. You may stand to receive compensation for damage done to your vehicle, your medical expenses, lost wages, as well as pain and suffering.

Furthermore, the person at fault for the accident may be ordered to pay more if they were intoxicated at the time it took place.

What Damages Can You Receive Following an Accident?

As noted previously, the compensation you get may account for your pain and suffering, medical bills, lost wages, and property damage, but that’s not all. The court may also ask the offending party to pay more as a way to teach them to be more responsible the next time around. These so-called punitive damages can increase the amount of compensation you ultimately receive.

What Should You Do If Someone Hits Your Car?

Those who have been victims of car accidents before will already know what they need to do if they get into a car accident.

You can start by checking yourself and others in the car with you for injuries before exiting your vehicle and seeing if the people in the other car are okay. Next, you can call 911 to ask for paramedics or request the police to go to the scene of the accident.

During the wait for the paramedics and/or police, you can exchange insurance information with the other driver. You should also warn other motorists that an accident has taken place by turning on hazard lights.

After the police officers show up, talk to them and share what you know. Write down the names, badge numbers, and contact details of the police officers.

Gather evidence yourself by identifying the car, figuring out your location, and recording any other relevant details. Take pictures of the accident and record videos too.

Finding witnesses who saw what happened and capturing their testimony on video or audio will be helpful. Before heading home, make sure that you complete the accident report.

Schedule a doctor’s appointment next for them to examine you and wait for the results. 

Once you do all that, contact your lawyer and start the process of filing your insurance claim. 

To recap, here’s what you should do as the driver of a car in California:

  • Check the condition of yourself and others in the car
  • Call 911 to ask for paramedics/and or police
  • Obtain the driver’s insurance information and contact details
  • Warn other motorists of the accident scene
  • Talk to the police
  • Write down the names, badge numbers, and contact details of the police officers
  • Gather evidence
  • Accomplish the accident report
  • Schedule a check-up with your doctor
  • Contact your lawyer before filing your insurance claim

When Should You Reach Out to a Lawyer?

Contacting a car accident lawyer as soon as possible is ideal in the wake of an accident. Do not interact with the offending party’s insurance provider before speaking to your lawyer because they may just try to get you to agree to a settlement that favors only them.

You will likely need to go to the doctor soon after your accident, but once that’s done, call your lawyer right away.

What Recoverable Damages Can You Receive?

Should you decide not to agree to a settlement and push through with your claim, they could compensate you fairly. You could receive compensation for loss of opportunity to work, lost wages, lost time, medical expenses, pain, and suffering, as well as property damage.

That’s a lot of potential compensation that you could surrender if you agree to a settlement crafted by Uber and their insurance provider.

What is the first thing I should do after a car accident?

If you or somebody else has been injured, the very first thing you need to do is stay calm and call the police. Gather the names and contact details of all other individuals involved in the accident and any witnesses. Take photos of the vehicles, if possible, to record the accident scene, any damages, and any injuries sustained. Finally, avoid admitting fault because your lawyer will have to carry out a thorough investigation to determine the other driver’s fault.

Do I need to seek medical treatment post the accident?

You may feel fine after the accident, only to discover injuries days, weeks, or maybe even months later. As a result, even if you don’t believe you’ve been injured, you should see a physician. They can detect injuries that may not be immediately evident to you and can warn you about potential injuries. 

Seeing a doctor as soon as possible can also help you secure your legal rights. An insurance provider can argue that your injuries occurred after the accident if you wait too long. They could also claim that because you waited so long to seek treatment, you are partly responsible for your hospital bills.

Does filing a personal injury claim mean I have to go to court?

Car accident claims are usually settled outside court through a complex and detailed negotiating process with an insurance provider. Even so, many insurers strive to settle claims as quickly as possible and for the least amount of money possible. We are ready to go to court if the insurance provider refuses to make a fair proposal for the full amount of your claim.

What all will I need for filing a claim?

It is necessary to gather evidence, like the contact details of the involved parties as well as any witnesses. You must also give a comprehensive account of how the accident happened, as well as photos of the accident scene, in order to ensure a successful car accident claim. In this respect, police reports will also be valuable evidence in your lawsuit.

Should I talk to insurance adjusters?

An insurance adjuster’s job is to represent the insurance provider, not you. Any details you provide to a claims adjuster can be used to reduce or reject your claim. You must contact your insurance provider directly to report the incident. However, you should not respond to questions from any insurance adjuster, lawyer, or any other insurance company representative after that initial conversation. Instead, hire one of our car accident lawyers to represent you, and tell anyone who wants to comment to contact your lawyer.

Should I sign over my medical records to the other driver’s insurance company?

A release of medical records should only be signed under very specific circumstances and only if your lawyer advises you to. If your medical information is obtained by an insurer, it may have an impact on your claim. For example, the insurer could claim that your injuries were minor or that they were caused by a pre-existing condition.

What if the accident was partially my fault?

Accept no responsibility for an accident and often there are several factors at play. Even if an investigation reveals that you are partially to blame, you may be entitled to claim for damages. It’s worth noting that California utilizes a pure comparative negligence system to determine fault in car accidents. It means that every individual proven to be at fault in a car accident is responsible for their share of the blame. If you are found to be 20% at fault for the accident and are otherwise qualified for a $100,000 compensation, for instance, the settlement will be reduced to $80,000.

How can I settle my medical bills after the accident?

California is a fault-based or tort-based state. In this case, those injured in an accident are responsible for their own health care expenses till the at-fault party’s insurer offers a settlement or the case is decided by a court. However, you can use your personal health insurance or look into your motor insurance policy to see if you have Med Pay coverage.

Alternatively, some hospitals may even settle for Medical Lien. It means that they will agree to complete procedures in exchange for a certain portion of your final settlement. Your car accident lawyer can help you work this out and negotiate fair terms for your claim settlement.

What happens if the other driver does not have insurance?

Underinsured motorist insurance (UIM) is required in California. It is developed to cover the expenses of personal injuries in case of a car accident with a motorist without sufficient insurance or if they do not have insurance. Benefits are restricted to the extent of personal liability insurance you have and do not cover damage to property.

How can a car accident lawyer help me prove that the accident was the other driver’s fault?

Accidents can occur due to a variety of reasons, and each one leaves a trail. We’ll meticulously investigate the scene of the accident and relevant documentation to discover that evidence after listening to your description of what happened. A lack of tire tracks, for example, could indicate that the other driver was sleeping behind the wheel and failed to stop. To help us stand up for you, our team of lawyers will interview any witnesses, pore over incident reports, and pursue any other leads.

Reach Out To Experienced Car Accident Lawyers

Companies will always do what they can to protect their profits, so don’t be surprised if they try all kinds of methods to invalidate your claim. Coming off an accident, you may not be in the shape to handle the stress of the upcoming legal battle. Call on Krasney Law for assistance and let them handle this matter for you. Their highly skilled and experienced lawyers know how to deal with large companies and you can rest easy knowing they are on the case.