Lancaster Car Accident Lawyer

Lancaster Car Accident Attorney

It can be hard to know what to do after a car accident, especially if someone was hurt, property was damaged, or court obligations would need to be met. If you were in a car accident in Lancaster, California, or the surrounding area, you should know what you can and can’t do. A Lancaster car accident lawyer can help you understand these rules, including how to file a report, and your choices for getting money for your injuries.

Why Should You Choose Duque & Price?

Our goal at Duque & Price is to get you the compensation you deserve after a car crash. We know how to follow California’s complicated traffic accident rules. Our firm can take care of every part of your case, from looking into what happened and gathering important proof to talking to insurance companies and, if needed, defending you in court.

We work hard to hold careless parties accountable and get you the greatest result possible. We have a history of success and put our clients’ needs first. You can count on Duque & Price to give you the strong, one-on-one legal help you need right now.

How to Report a Car Accident in California

California law requires drivers to report an accident after it has happened. If you don’t do this, you might get fined or get in trouble with the law.

The driver must tell the California Highway Patrol (CHP) or local law enforcement within 24 hours if an accident hurts or kills someone. The police will file the case for you if they show up. It is your job to send a written report to the right person if there are no police officers around.

Within 10 days of the crash, you must also report it to the California Department of Motor Vehicles (DMV). Should you not report a crash to the DMV, your driver’s license could be taken away.

There is no law in California that says when you need to tell your insurance company about an accident. However, your policy probably says that you need to do it right away. Your insurance company might not pay you if you wait too long to file this report. You should report even small things to make sure your insurance stays in place.

The Time Limit to File a Claim After a Car Accident in California

California law only gives you a certain amount of time to go to court after a car crash. This law tells you how long you have to make a case, which is very important if you want to get money to pay for your injuries and inconveniences.

In California, you have two years from the date of the event to file a case if you were hurt in a car accident. If someone dies in an accident, the two-year period begins on the date of death. If you want to file a claim for property damage, like getting your car fixed, you have three years to do so.

The statute of limitations may not always apply, or it may be pushed back. People who were hurt may be able to get more time to file a claim if they are minors or don’t have the legal capacity to make a choice. Also, the clock may stop until the person who caused the accident comes back if they leave California after the accident.

It’s very important to act quickly because, if you miss the statute of limitations date, you might not be able to file a claim.

Establishing Fault in California Car Accidents

Because of “pure comparative fault,” you can get paid, even if you were partly to blame for the accident in California. For example, if you are 10% to blame for an accident and file a $10,000 claim, you will get $10,000 minus 10%, which is $9,000 in losses. This rule applies whether you go to court or settle your case with the insurance company.

Accidents Involving Government Entities

People who work for the government and cause an accident can make your case more difficult. If you think that a government worker’s carelessness led to your accident, you need to follow certain rules.

You have six months from the date of the accident to get your claim in to the right government office. The government has 45 days to answer after that. If your claim is turned down or you don’t hear back, you can file another one. Because of the tight deadlines and specific steps that need to be taken, it is very important to talk to an experienced Lancaster personal injury lawyer when the government is involved.

Accidents With Minors in Cars

If your teen child causes a car accident in Lancaster, California, an accident victim could file a claim against you for their damages.

Any accidents that their young children cause are the parents’ or legal guardians’ obligation if they let them drive. This is the parent’s duty, whether the minor has a license or not. It’s important to know what kinds of financial obligations you might have after your child’s accident and how your insurance might help cover the costs.

California’s Rules for Car Insurance

In California, every driver has to have liability insurance. This amount is to cover the cost of one person getting hurt or dying. These prices also cover fixing things that have been broken or damaged in the accident. There are very strict limits set by the law. Nevertheless, if you have a bad accident, having more coverage can save you a lot of money.

You could get a fine, have your car towed, or even lose your license if you drive in California without insurance. Also, California’s “No Pay, No Play” rule establishes that, if you’re hurt in an accident that someone else caused and you don’t have insurance, you can’t get damages for losses like pain and suffering. Here are some other insurance coverage options:

• You can get liability insurance if you damage someone else’s property, but not if you hurt yourself or your own car. You might need more coverage for that.
• With collision coverage, the fault of who is to blame for the accident does not matter. This insurance pays to fix your car, regardless of fault.
• Your comprehensive insurance will pay for damage to your car that wasn’t caused by an accident, like damage from theft or natural disasters.
• Uninsured/underinsured motorist coverage covers you if you get into an accident with a driver who doesn’t have enough or any insurance at all. Even though California doesn’t require uninsured or underinsured driver coverage, it is highly suggested that everyone get it because it can save lives.

You can file a claim with either your own or someone else’s insurance company if the other driver was at fault. Most of the time, it’s most advantageous to talk to a lawyer first when working with insurance companies. Insurance companies may try to pay you as little as possible, but a lawyer can fight for the most money that is fair for your case.

FAQs

Can Someone Sue You After Insurance Pays Them in California?

People in California can still file a claim against you, even after your insurance pays out, especially if the losses are more than your policy covers. This can happen directly to get the rest of the money if the person who was hurt thinks that the settlement wasn’t enough to cover their losses. Based on what your policy covers, your insurance company may pay for a lawyer to defend you in court.

Is It Worse to Be Rear-Ended While Stopped?

When you’re stopped, being hit from behind can cause serious injuries, especially if the impact is quick and hard. When a car is stopped, the people inside don’t have much time to get ready for impact, which can cause serious whiplash, spine injuries, or other injuries. Also, the car in the rear is almost always blamed in these situations, which can make the legal process easier for the person who was hurt.

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

If you are not at fault in a California car accident, the other driver’s insurance will usually pay for your losses, such as medical bills, car repairs, and other damages. You can file a claim with the insurance company of the driver who caused the accident, or you can use your own insurance, like collision or uninsured motorist coverage. Your insurance company may ask the insurance company of the driver who caused the accident to pay them back.

Who Determines Fault in an Auto Accident in California?

When a car accident happens in California, the insurance companies, police, and even accident reconstruction professionals may look into it to figure out who was at fault. The decision is based on factors like police reports, statements from witnesses, traffic rules, and the details of the accident. The “pure comparative negligence” rule in California says that fault can be shared and that compensation is based on how much each party is to blame.

Contact Duque & Price

If you have been injured in a car accident, legal options are available to you. An attorney at Duque & Price can help you report the accident, file a claim, and navigate other steps along the way. Contact us today to get started.