California Car Accident Lawyer

Keep in mind, you have a duty to do everything you can to mitigate (lessen) your damages. If you are treating for an injury, you will want to make sure you treat only as long as absolutely necessary. The longer you continue treating, the more difficult it becomes to settle your claim. Insurance companies do not pay money willingly and vigorously resist payment of claims. They can be expected to thoroughly investigate the facts of the accident, your claim for medical treatment, and any past injuries or claims you have made and will obtain copies of all past medical records and claims made through an index system.

You do not have to see a doctor, but it may be a good idea for you and your passengers to get a checkup. Many times, symptoms of neck and back strain do not fully manifest themselves until days after the accident. You or a passenger could be injured and not know it right away. If you fail to seek immediate medical attention, the insurance company will later contend that you weren't really injured and infer that you are making up the claim. At least call your doctor so he or she can help you decide what your medical needs may be. Your automobile insurance may pay your doctor bills.

Do I have To Report The Accident?
Yes. First, you may need to call the police. Second, report the accident to your insurance company. You should telephone your insurance adjuster as soon as you can following the accident. You will want to confirm your coverage and get your claim opened. If you don't already know, ask your agent whether you have uninsured/underinsured motorist coverage and/or medical payments coverage. If you need a rental car, you will need to determine whether your insurance covers a rental car or if you will need to obtain payment for a rental car from the other party's insurance company. You may have to pay for the rental car initially and then seek reimbursement for the expense as part of your property damage settlement. Be sure to take pictures of your property damage. These can be useful later in settling your property damage and bodily injury claims.

What Happens If I Have No Insurance?
In many States, if you do not have insurance that covers the accident or another way of proving that you are financially responsible, the DMV will suspend your license, even if the accident is not your fault. Also, note the discussion above concerning limitations on your recovery of damages.

Who Pays If I Am Injured Or My Car is Damaged?
That depends on whether you and the other driver have insurance and on what kind of insurance you have. There are two major types of insurance: "liability" and "collision."

Liability: If you are at fault, your liability insurance will pay the other driver for his or her property damage and personal injuries up to your policy's limits. If the other driver is at fault, his or her liability insurance pays for your car damage and/or personal injuries. In many States, if you and the other driver both have car damage or injuries and you both are partly responsible for the accident, you each many be able to collect part of your loss. How much each of you collects from the other's policy depends on the amount of your damages and on how much each of you is at fault. If you loan your car to someone who has an accident, your insurance pays for the damages just as it would if you had been driving.

Collision: No matter who is at fault, your collision insurance pays for damages to your car (not your medical expenses), minus the policy deductible.