What to Do After a Car Accident That’s Not Your Fault in California? 2024

Car accidents happen in California every day for various reasons, and any accident can be a shaking and damaging experience. You need to know what to do after a car accident that was not your fault in California if you want to ensure the fullest possible recovery of your damages. When another driver has caused a collision, the first steps you take immediately following the accident are crucial to your recovery.

What to Do After a Car Accident That Was Not Your Fault in California

The initial aftermath of a car accident can be confusing and very stressful. If you are seriously injured, you should not move and risk making your injuries worse. Call 911 for help if you are able to do so; otherwise, wait for first responders to arrive and provide aid. If you are physically able to do so, it is a good idea to document as much as you can from the accident. Take photos of your injuries, the damage to your vehicle, and the positions of the vehicles on the road.

California law requires drivers to report any accident that causes property damage, injury, or death, so call 911 and remain at the scene of the crash until first responders arrive. Be very careful with your word choice when speaking with the police; even if you are concerned that you are partially responsible for the accident, do not say anything that could be interpreted as an admission of guilt. Answer their questions until they allow you to leave.

You should seek medical care immediately, even if you think you only suffered minor injuries. Some of your injuries may not have caused symptoms right away, and seeking medical care will ensure you get the treatment you need as quickly as possible. This will also create a record that you sought care immediately, and this will be beneficial to any legal efforts you make to recover compensation for your damages.

Recovering Compensation for a Car Accident in California

Every driver in California is required to have auto insurance, and under the state’s fault rule for vehicle accidents, an at-fault driver’s insurance will pay for the damages they cause. You will need to prove fault for the accident in order to file a claim against another driver’s insurance policy, and it is a good idea to have legal counsel on your side for the insurance claim filing process. Your attorney can ensure you are treated fairly.

If you cannot fully recover your damages with auto insurance, or if the at-fault driver is uninsured, you will need to build and file a personal injury suit in order to recover your damages. It is crucial that you consult an attorney as quickly as possible after your accident if you want to have the greatest chance of success with your case. The right Southern California car accident attorney can help you maximize your recovery in a much shorter timeframe than you might expect.

FAQs

How Does Car Insurance Work in California When You Are Not at Fault?

If you are not at fault for a car accident, car insurance works on a fault basis. This means that you will need to prove fault for your accident, and then the at-fault driver will be liable for the damages they caused. Their insurance policy will cover your vehicle repair bills, medical expenses, and other damages up to the coverage limit of their policy. Every driver is required to have auto insurance that meets the state’s minimum coverage requirements.

What Happens if I Was Partially at Fault for a Car Accident?

If you were partially at fault for a car accident in California, you should expect the state’s pure comparative fault rule to apply to your case. Under this rule, each liable party will have a fault percentage assigned to them that indicates their level of responsibility for causing the accident. If a plaintiff bears partial fault, their fault percentage will be taken from their case award, and they will keep the rest.

Should You Call the Police After a Car Accident in California?

It is a good idea to call the police after a car accident in California; this is a requirement for any accident resulting in significant property damage, injury, or death, and failure to report an accident as required can lead to serious legal penalties. If you have any doubts as to whether you need to report a specific accident, it is wise to err on the side of caution and call 911 to report it. This ensures you meet the reporting requirement and that there will be a police report.

Do I Need a Lawyer to File an Auto Insurance Claim in California?

You do not technically need a lawyer to file an auto insurance claim in California, but having legal counsel you trust will make the claim filing process much easier. Your attorney can help you file your claim, gathering any supporting evidence and documentation you will need to submit to the insurance carrier. They will also verify that the insurance carrier handles your claim in good faith and delivers a reasonable settlement offer.

Why Should I Hire a Car Accident Attorney in California?

You should hire a car accident attorney in California because you are significantly more likely to succeed with any recovery efforts you attempt when you have a reliable legal representative on your side. They can help you prove fault for your accident, navigate the insurance claim filing process, and assist you with building a personal injury case if necessary to ensure your recovery. You’re more likely to maximize your recovery with legal counsel advising you.

Duque & Price can help you navigate the aftermath of a car accident that was not your fault in California. Our team has successfully assisted many clients throughout the state in all types of vehicle accidents. You can count on us to help with an auto insurance claim and build a personal injury suit if necessary to ensure your recovery. Contact us today and schedule a free consultation with our team to learn how we can help you with your case.

About The Author

Brent A. Duque

From humble beginnings and son of hard-working immigrant parents, Brent Duque was raised in La Puente, California. After graduating from West Covina High School and Mt. San Antonio College, Mr. Duque went on to graduate from Cal State University Fullerton with a Bachelors degree in Political Science. After obtaining his undergraduate degree, Mr. Duque did his graduate studies in Education and Public Administration at California Polytechnic University Pomona. After working for other firms, Mr. Duque knew that if he opened his own firm, he could provide more aggressive representation, better communication with clients, and secure larger settlements and verdicts for his clients. In 2006, he started his firm and has had a remarkable and successful career that he attributes to his firm’s aggressive and relentless pursuit of justice for his clients. As owner and managing attorney of the firm, Mr. Duque has fought for and secured millions of dollars for his clients.

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