Final Thoughts On What Happens If Im At Fault In A Car Accident
Now you have an answer to What happens if Im at fault in a car accident? However, do you know who will have your back through the whole thing? We specialize in fields such as personal injury and automobile accidents. To see how we can reduce what you owe after an accident, all you have to do is contact us today!
If All Else Fails Look To Your Insurer: When To File A Claim To Your Own Carrier
Even if you’re not at fault, you can make a claim with your insurance company for payment of damages and injuries — if you have the right coverages.
If you have collision insurance, file a claim with your own carrier. It will pay for the cost of repairs or total loss of your vehicle. If you take this approach, you will have to pay your collision deductible toward repairs. However, you may get that money back if your insurer is able to settle with the other driver’s insurance company.
If it turns out the other driver is uninsured and you have uninsured motorist coverage property damage , you can make a claim for your vehicles damage. There is normally no deductible for UMPD claims.
Should I Take Pictures After A Car Accident
Sleeping a lot after a car accident may just be a persons bodys way of dealing with the trauma of the crash and building up strength to recover. It may be a natural reaction to a stressful and scary event. Or it could be the sign that something more serious is wrong, such as a traumatic brain injury.
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Five Things To Know About Fault
Do File An Accident Report With The Proper State Agency
Many states require drivers to file an accident report, in addition to calling the police, if they get into a car accident that causes bodily injury or a certain amount of property damage. Some states require that the report be filed with the state Department of Motor Vehicles other states require that the report be filed with the local police department. The report usually has to be filed within a short period of time, generally ten days or two weeks. If you cannot figure out whether your state’s law requires you to file an accident report, you should ask your insurance company or at your local police station. You can most likely get a copy of the report form at your local police station or online at your Department of Motor Vehicles website.
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Injured In A Car Accident In California Call Us For Help
If you or someone you know was in a car, truck, motorcycle or other traffic accident, or if you were hurt in a pedestrian knock-down, we invite you to contact our California car accident lawyers for a free consultation. If you wish to form an attorney-client relationship, we will get working on your case right away. We operate by contingency fee, so we do not get paid unless you get paid.
We serve personal injury law clients in Los Angeles and throughout the state of California, and we can meet with you virtually or at one of our several law offices. There is a statute of limitations under California car accident law, so do not wait.
You can also call us if you were injured in a car accident in Las Vegas, Nevada.
Legal references:
Consult Injury Claim Specialists
It is the most important thing to do. It is best to hire injury claim specialists when you get into the car accident. In this way, you will not have to worry about any formality of making a claim. You will be guided at each step and all your formalities will be handled by these experts. But in case you did not hire any specialist beforehand, you have not lost anything yet. You can hire an expert now. As you are also on fault, it is highly unlikely that you can get the claim without consulting any specialist.
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What To Do After A Car Accident: At The Scene
Remain at the incident site. If you leave the accident scene, you may be charged with hit-and-run. If the other driver is badly injured or killed due to the accident, you might face prison time and severe fines if you flee the area.
Alternatively, if your physical state allows, check on the other victims of the collision. Call 911 if someone requires medical assistance. If a person displays back or neck pain, do not move them unless a danger arises that puts the person in immediate danger.
Immediately contact the police. Someone will be dispatched to prepare and file a police complaint. This documentation will be required when you make your insurance request.
Maintain a respectful and courteous demeanor. You should share general details with others . Nevertheless, refrain from apologizing or admitting to any fault. Youll be laying the basis for your legal responsibility if you do so.
Talk to eyewitnesses about what they observed and collect their contact details if at all feasible. Afterward, your attorney can speak with them about what transpired and utilize their testimonies to help develop your reimbursement claim.
Should You Admit Fault In A Car Accident
Not really, the best thing that both parties can do is wait for the insurance company and cops decision.
Stay in the collision area, never leave the scene, take witness information, give your own driver and insurance information, ask other driver’s information and follow the instructions of the authorities.
If they determine who’s the at-fault driver, this person needs to be responsible and follow the law.
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Personal Injury Protection Insurance
PIP insurance is no-fault coverage required in no-fault states. However, many fault-based states, such as Texas, also require insurance companies to offer PIP coverage for drivers. In fact, if a driver declines this coverage, they must do so in writing.
If you are 100% at fault for a crash , your PIP insurance can provide valuable assistance. This coverage will not take your fault into account, and you can seek benefits to pay for medical treatment and reimburse you for lost wages up to your policy limits.
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Document Injuries And Damage: At The Hospital Or At Home
You should go to the hospital or doctor immediately after a car accident if you have any injuries at all, even those that seem minor. Oftentimes people whove been in an accident will not feel the full extent of their injuries immediately after the collision. This is especially the case with soft tissue injuries, commonly known as whiplash. The shock of the accident and the possible rush of adrenaline can mask the pain for hours. Also, soft tissue injuries often become worse in the hours and days after the wreck. Think of how you might feel after a hard workout at the gym. You may feel great right after the workout, but a day or two later you feel very sore. A similar delay can happen with soft tissue injuries in an automobile accident. At first you feel fine but then the inflammation comes on and you feel much worse.
So its important that you dont underestimate your injuries. The best thing you can do is to seek medical attention immediately or as soon as possible. That way you can get the treatment you need early on to minimize your injuries. Also, insurance companies will seize on any delay in your medical treatment. They will argue that you must not have been badly injured if you waited to seek treatment. This is a false argument, but they will take this argument and try to persuade a jury that its true. Dont give them the chance to try to minimize your injuries. Seek medical help promptly after an accident.
Consider Retaining A California Personal Injury Lawyer
If you have been injured in a car crash, you usually have only a two-year statute of limitations after the crash to bring a lawsuit in California. You are encouraged to retain an experienced California car accident attorney as soon as possible to help protect your rights and evaluate all the evidence including the police report to determine whether you have a right to compensation.
An experienced lawyer may also be able to help you find a doctor who will accept a medical lien in California if you cannot afford to pay for treatment. Your lawyer can also draft an insurance demand letter that is likely to get a settlement offer that may cover your:
- Existing medical bills and future medical expenses
- Disability accommodations
- Lost wages, past and future
- Pain and suffering, including loss of enjoyment of life and/or
- Property damage, including repairing or replacing the vehicle
Finally, a good California injury lawyer knows all the insurance companies tricks and understands the insurance code. Your lawyer can save you the headache of dealing with your own and the other person adjuster so that you get the best settlement possible.
If your loved one was killed in a car accident, see our related article on bringing a wrongful death lawsuit. In 2019 alone, there were 3,606 traffic-related fatalities in California. The victims family may be able to recover damages for loss of support and funeral expenses.7
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Get Information From Any Witnesses To The Car Accident
Far too often, witnesses are just passing by wherever a car accident occurs. Unless you get their contact information, they will disappear into the ether. Also get their immediate thoughts on what occurred. This can help support that the car accident wasnt your fault. Write down badge numbers for officers who arrive on the scene as well as contact information for the ambulance.
You should not discuss the particulars of the crash with anyone except law and medical professionals. Also, make sure not to talk to the other driver .
What To Do After A Car Accident That Isnt Your Fault
Take These Eight Steps to Protect Your Right to Compensation
A car accident can leave you shaken up and unsure of what to do next. You did not cause the accident, but between your injuries and your financial losses, you may need to take care of a lot of things. What should you do after a car accident that you did not cause? Make sure you take these important steps.
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Getting Your Car Repaired
What damages am I entitled to?
Generally, where repairs are appropriate, the amount you can collect from the other driver or his insurance company is the difference in the fair market value before the wreck and the fair market value after the wreck. The actual cost of repairs or estimate of repairs is evidence of the damages.
Even though your car is repaired, it might have a reduced value known as diminished value. This is especially true if the repair cost is 25 percent or more of the value of your car at the time of the accident. Determining a fair amount for diminished value is difficult. It has been our experience that if the vehicle is not more than two years old you can expect to claim depreciation and receive an additional 20 percent to 30 percent over the cost of repairs to over the reduced value of your vehicle. In any case, especially if your car is older than two years, we suggest that you contact an appraiser for an opinion. Ask for diminished value before you conclude your property damage claim.
If I am not at fault, which insurance company will repair my car?
If it is clear that the other party was at fault in causing the accident, and if you have collision coverage on your automobile policy, you have two choices: You can insist that the other drivers insurance company repair the car or you can have the repairs paid for by your insurance company under your policy.
When the other drivers insurance company pays to repair my car
Do I have to sign a release?
Do Not Say You Are Not Hurt
Even if you think you were not injured in the car crash, do not tell that to the other driver.
Soft-tissue injuries are not always immediately apparent. Saying you are not hurt gives the other drivers insurance company an excuse to deny your claim or offer you less than it is worth.
That does not mean that you should lie. A lie can come back to undermine your credibility.
You can simply say you dont know and will be seeking medical attention if necessary.
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What To Do After A Car Accident That’s Your Fault
Even for at-fault accidents, the insurance policy in Texas may cover the following third-party damages:
If the cost of the damages exceed what at-fault driver’s policy limits, the damage driver may fill a policy with their insurance company to pay for the difference if they have collision coverage.
Sometimes, insurance companies decide both drivers are at fault and will pay part of the claim.
What Should I Do At The Scene Of The Accident
Being in an accident can be very stressful. Learn what steps you need to take after an accident now.
- Check to see if anyone was hurt
- Move your car to a safe location, but do not leave the scene
- Do not admit fault or reveal your policy limits
- Contact the police. They’ll send an officer if necessary
- Exchange information with those involved
- If your car isn’t drivable, request roadside assistance
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Will My Car Insurance Rates Be Affected By The Accident
- If you were 50% or more at fault for the car accident, your car insurance rates will likely increase upon renewal. To know the details for sure, contact your insurance company.
Some policies will offer accident forgiveness if you go long enough without causing another accident. However, accident forgiveness is something you would need to purchase ahead of time for it to benefit you after a current accident.
No : The Police Report Decides
When the police arrive on the scene of an accident, an officers first job is to figure out if anyone is hurt and, if so, call for medical help. The second is to assess the scenenote the damage to all vehicles involved and, equally important, see where they are now situated. This often makes it clear as to who actually is at fault. For example, if one vehicle careened through a stop sign and T-boned the other, or if one was merely stopped at a red light and hit from behind, then the end result is pretty clear. The officer will usually make a diagram of the scene.
Special circumstances could have caused the accident, such as cell phone use, speeding or driving under the influence . And thats why the officer should talk to any witnesses, including those who were in the vehicles involved in the accident. The officer will probably ask many of the same questions that would be asked in court. Have your story straight and dont utter spontaneous admissions.
Bear in mind that a police report is not infallible. But it is a public document that auto insurance companies will undoubtedly read. And you should toowhen it becomes available. If no police officer was at the scene, then go to the nearest police station to file an incident report in person, or file it later online.
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Seven: Notify Your Insurance Company
You likely know that if you cause an accident, you need to notify your insurance company as soon as possible. Even if you did not cause your accident, however, you should notify your insurance company about the accident. Your insurance company can provide you with a wealth of valuable information about the claims process, including how long it may take for your claim to come through and how you may need to handle the claims process. If you totaled your vehicle in the accident, you may need to contact your insurance company to cancel the policy.
