What to Do After a Car Accident in California?

Whenever you get behind the wheel, you run the risk of getting involved in an accident with another vehicle. Whether it is a minor "fender bender" or a serious injury accident, knowing what you should do ahead of time will help you avoid unnecessary mistakes. If you or a loved one has been hurt in a car crash, you need compensation urgently. This blog goes into great length about what to do after an auto accident.

Remain Calm

A car crash can be a terrifying ordeal for anyone involved. It's natural to panic and feel scared after an accident. Nevertheless, you should try to remain calm. First and foremost, you need to make sure that neither you nor anybody else in the car is seriously hurt. If no one is hurt, it's best to seek safety.

Your automobile could be rendered inoperable.

Depending on the location of the accident, you could also be at risk from oncoming vehicles. Therefore, you need to carefully evaluate the situation and figure out the best way to get to a secure location.

Remain At The Accident Scene

If there were casualties, you should remain at the scene until the law enforcement officers arrive unless you require medical attention yourself. You can be accused of a hit-and-run if you flee the accident scene that resulted in bodily injury. Penalties could include a $10,000 fine and no more than one year behind bars. Incarceration time could increase if the injuries sustained are serious or the incident led to the loss of life.

If the collision is believed to have caused property damage, you can legally leave the scene after making your identity known to the other parties. Failing to identify yourself counts as a misdemeanor offense. Penalties could include a $1,000 fine and/or a maximum of six months behind bars. If the other motorists involved in the accident have fled the accident scene, contact law enforcement.

If law enforcement officers are successful in identifying the offender, you can submit a claim against the insurance company. However, if you have uninsured/underinsured motorist coverage and/or collision and comprehensive coverage, you could still be able to obtain compensation from your insurer even if the at-fault motorist is never identified.

Get Medical Attention If Necessary

If you have been harmed and require immediate medical attention, don't wait for the authorities. You should call 911 immediately or have someone else do it. If you have someone else driving you to the Emergency Room, ensure that you leave behind your contact details with the other motorist first if possible.

Get to a Secure Location

If it's safe to do so, you should move the vehicle to the roadside or another safe location. Accidents can be made much worse for you and other road users if traffic is impeded by stalled vehicles. On the other hand, if it's too risky to move the vehicles, leave them as they are. If there has been a fatality or major injury, you should wait for police authorities to arrive before moving the vehicles, unless doing so poses a significant risk.

Record Details About The Other Car

Once the vehicles have been moved (if necessary) and any injured parties have been seen by a medical professional, make sure to record or take pictures of the following:

• The plate numbers of all other vehicles that were involved in the collision
• The year, model, make, and color
• If possible, the other vehicle's Vehicle Identification Number (VIN).

You'll require this information to record the incident to the California DMV, as required by law. The vehicle identification number is normally found on the registration and insurance card. However, if the motorist is uninsured, it is important to verify this information in person.

However, if the other motorist refuses to permit you, you shouldn't try to retrieve the VIN from their car. It's not a good idea to touch another person's automobile without their permission.

The Vehicle Identification Number (VIN) is located in several places:

• On the dashboard
• Inside the motorist's side door

The motorcycle identification number (VIN) is often located on the steering head's left side.

Share Your Information With Other Motorists And Witnesses

Inquire about the other motorist's license, insurance details, and registration. If possible, take a picture of the documents. If not, note the figures down.

Getting the names and phone numbers of everyone who was present at the accident or saw it happen is also advised, if at all possible. If a police officer arrives at the scene of the accident, get the officer's name and note it down too. Regardless of who caused the accident, make sure you give the other motorist your details.

Remember that you'll have to present your insurance, registration, and driver's license to the police if they ask for them. Otherwise, you risk being fined.

Never Admit Fault

It's crucial not to accept any fault, even if you believe the incident was your fault. You could be wrong. Alternatively, the "pure comparative/shared fault negligence" under California law could hold the at-fault driver partially accountable. The issue could also be due to poor road design, poor highway construction, or negligence on the part of the service provider or auto manufacturer.

An apology could be misunderstood and hinder you from receiving the compensation you require from your own or the other motorist's insurance provider. However, make sure to find out if the other motorist is hurt or needs medical attention. If the other motorist puts pressure on you to take the blame for the collision, kindly request that he or she contact your insurer.

Do Not Claim Not to Be Hurt

Even if you believe you weren't hurt in the auto accident, don't tell the other motorist. It could take some time for the symptoms of a soft-tissue injury to manifest. By claiming you're not wounded, the insurance provider for the at-fault driver has a justification to reject your claim or make you an inadequate offer. This doesn't imply that you need to tell lies. A lie could have a detrimental effect on your credibility. Saying you're unsure and that you'll seek medical help if necessary is acceptable.

Provide Your Contact Information If The Other Property or Vehicle Owner Is Not Present

California law mandates one of two actions if you hit an uninhabited vehicle or property:

• Find the owner and provide them with your registration and driver's license
• Leave your address and name in writing on the property or vehicle in a visible location and immediately contact either the authorities or the owner

The note is required by law to contain the relevant details. Nonetheless, it should mention no more than necessary, such as that your car damaged the owner's property in some way. Get the address number and name of the location where the accident occurred.

Take Pictures of the Scene of the Accident

Take photos of the accident scene and the vehicles if you feel safe doing so. This will help your attorney or insurance adjuster figure out what happened. Take as many pictures of the damage to vehicles and any injuries as you can.

It could also deter someone from alleging that you're liable for any subsequent damages to the property or vehicle. If it's unsafe to take pictures of the crash scene or if you need to leave to get medical attention, go back as soon as you're able if there's a safe location to take pictures.

Your personal injury attorney or insurance adjuster would still benefit from having clear images of the scene, even after the incident has occurred.

Make A Record of Your Account Of What Happened As Soon As Possible

Write down any thoughts you have regarding the incident regardless of how trivial they might seem. The earlier you write down your recollections, the better; the specifics could blur as the trauma of the event wears off. The following are just a few examples of things to record or write down:

• When and where the accident happened
• The streets that each car crossed and the direction in which they were traveling
• Your best guess as to how fast each driver was traveling
• If there were any visible traffic signals
• Any unfavorable road conditions (including bad weather or potholes)

Keep a Record Of Your Injuries

If there are any obvious injuries, use your camera or phone to snap photos, or have another person do it. When you go to the hospital, have your nurse or any other medical staff take pictures of the injuries.

Record or write down your views of how you feel or what is injured as early as you can. Your chances of having a personal injury lawyer secure the compensation you are entitled to increase in direct proportion to the amount of evidence compiled to demonstrate the extent of your injuries.

Injuries sustained in car accidents can range from minor to life-threatening. Some typical examples include:

• Fractured or broken bones
• Broken necks, backs, or spinal cord injuries
• Brain trauma
• Bruising, cuts, and lacerations
• Burns
• Deformity and scarring

The psychological and mental trauma, including post-traumatic stress disorder, that can result from emotional distress suffered as a result of an accident should not be discounted.

Report The Accident

You are required by law to report an accident to the California Department of Motor Vehicles (DMV) within ten days of the incident if any of the following apply:

• Someone lost their life
• If anyone was hurt, at all (regardless of how slight the injury was)
• Damages from the accident totaled over $1,000

Even if you are unsure, report the incident, particularly if you plan to file a claim with your California vehicle insurance. Accidents should be submitted to the DMV using Form SR1 of the California Department of Motor Vehicles.

You'll need to submit the following details to proceed:

• The names, addresses, dates of birth, and license numbers of you along with the other motorists involved
• Details about your and every other driver’s insurance, including policy numbers, expiration dates, and insurance companies
• Specifics about the accident, such as when it happened and where, as well as any injuries and property damage sustained

Accidents that are not reported to the Department of Motor Vehicles could result in license suspensions of up to a year. Keep in mind that when the authorities do not show up within an hour of the collision, you still get 24 hours to file a written crash report with the local authorities or the California Highway Patrol when someone was killed or injured.

Make Sure to Notify Your Insurance Provider

In California, many people are afraid to report auto accidents for fear that their insurance premiums could go up as a result. There are just two jurisdictions, including California, where it is against the law for motor insurers to increase premiums after an accident that was not caused by the policyholder.

In addition, to be able to submit a valid insurance claim, the majority of auto insurance plans mandate that drivers report any accident as soon as possible. Also, it's still a good idea to let the authorities know about the incident, even though you caused it. 

Even though the other motorist claims they won't, they could still report it, which could result in your license being suspended and your auto insurance canceled. Additionally, early reporting offers your insurance a better opportunity to defend any injury claim during a vehicle accident lawsuit.

In California, all drivers are required to have a minimum of $15,000 in bodily injury liability protection for each individual, $30,000 in accidental bodily injury liability coverage, as well as $5,000 in property damage insurance coverage. Car insurance claims in California are filed against the negligent driver's policy because of the state's fault-based structure.

When it is Not Necessary to Report an Accident Immediately

When there was no other motorist present and your vehicle only suffered minor damage that you could live with or afford to fix on your own, it’s not a crime if you failed to report the accident.

For example, if you ran into or scratched a wall while backing up your car and:

• You don't have collision coverage
• You've got collision insurance, but the repair cost is either low compared to your deductibles or manageable for your budget
• Accident victims in this situation could choose to keep their vehicle as it is or foot the bill for the necessary repairs

Think About Hiring a Personal Injury Attorney

In California, the statute of limitations for filing a personal injury claim after being hurt in an automobile accident is two years. In cases where there was only damage to property, the statute of limitations is extended to three years.

To safeguard your rights and decide whether you may have a claim for damages, you are advised to consult with a skilled car accident lawyer as early as you can. This includes reviewing the police reports as part of the evidence. If you are unable to afford medical services, an expert attorney could be able to assist you in locating a physician in California who could issue a hospital lien.

Additionally, your attorney can prepare a demand letter that's likely to result in a settlement amount that could pay for your:

• Current medical bills as well as any future healthcare bills
• Accommodation for disabilities
• Lost earnings and job prospects, both in the present and the future
• Damage to property, such as the need to fix or replace the car
• Funeral and burial costs
• Any further economic losses (damages that can be determined through invoices, bills, estimates from the body shop, etcetera)
• Pain and suffering, such as diminished quality of life, lost consortium, as well as other "non-economic losses" (damages which can't be easily estimated)

Punitive damages only become relevant when the case proceeds to trial and is not resolved.

Finally, a skilled California injury attorney is familiar with all the ploys employed by insurance providers and is versed in insurance law. To ensure you receive the compensation you deserve, your attorney can negotiate with the insurance adjuster on your behalf.

Submitting a claim After an Accident

After an accident, all parties involved should get in touch with their respective insurance providers and provide a detailed explanation of what transpired. Always tell the truth, but refrain from intentionally disclosing unnecessary details. The insurance providers are going to negotiate a settlement for the lowest sum and will probably try to assign a percentage of fault to each of the motorists involved.

You could report the occurrence through a web platform or by contacting your insurance provider to make a claim. Every driver should report the incident to their insurance company, irrespective of who is at fault. If a motorist is uninsured but believes another driver is to blame, he or she could submit a lawsuit with the at-fault driver's insurance provider.

An adjuster will probably get in touch with the involved parties to obtain recorded statements. However, there is no requirement for either side to make a recorded statement. When one decides to make a statement, one should simply straightforwardly state facts without adding any further information, and refrain from discussing one's feelings towards the accident. Anything you say to a claims adjuster could be utilized to delay, deny, or reduce the value of your claim.

Find a Los Angeles Car Accident Attorney Near Me

After being involved in a car crash, you should speak with a personal injury attorney if you intend to claim your insurance or are considering taking legal action. Your lawyer can manage all interactions, including those with the insurance company and the other party. Most cases are settled out of court, and lawyers can help their clients get the compensation they deserve by negotiating with insurance companies. If you or a loved one has suffered injuries in an auto accident, contact us at the Los Angeles Personal Injury Attorney at 424-231-2013 today.