Car accidents occur daily in California, often without warning to the people involved. Experiencing an auto crash can be distressing. However, knowing that someone else's irresponsibility caused the accident could add anger to the already intense mixture of emotions that you are experiencing.
It is crucial to understand what to do after a car crash caused by someone else in Los Angeles, CA. The first measures you take following the incident can significantly affect your recovery process and the ensuing legal actions that are likely to occur. This blog gives a detailed guide to dealing with a car accident that is not your fault.
Ensure Everyone Is Safe
The well-being and safety of everyone involved in a crash should be your primary concern. Right after the accident, examine yourself for any injuries and evaluate the well-being of your occupants. When it is safe, exit your car and see how the other motorists and occupants are doing.
If someone is injured, call 911 immediately to seek immediate medical attention. It is important not to underestimate seemingly insignificant injuries because some symptoms might not immediately manifest. Remain calm and help others while waiting for the paramedic team to arrive.
Contact Your Lawyer
One of the most critical measures after a car accident is to call a personal injury attorney. Most lawyers offer free consultations to potential clients, answer their questions, and explain their legal alternatives with no obligation. You should retain legal representation as soon as possible so they can begin building a solid case and aggressively seek maximum compensation on your behalf.
Car accident attorneys are familiar with the rules and regulations covering car accidents, and they can use this information to build an appropriate legal argument for your situation. Your lawyer can also manage the administrative parts of the case. These include preparing claim documentation and determining essential court dates. This way, you will not worry about mistakes you could have avoided.
A legal professional can also estimate the worth of your injury claim. They take into account lost income, medical bills, and the impact of the injury on your life's quality. This complete review allows you to seek fair compensation for the damages rather than accepting less than you should. Furthermore, a seasoned lawyer is a skilled negotiator, and insurers know this.
If an insurance provider realizes you have an attorney, they will likely take you seriously. The insurers will likely agree to fair settlements since they know your attorney will not take anything less. Additionally, your attorney will be prepared to sue them in court if they make unreasonably low offers.
Having an attorney allows you to concentrate on your recovery. They can manage all your legal details, relieving stress and providing peace of mind. This will enable you to focus on your recovery while knowing someone you can trust is looking for the best for you.
Notify the Authorities
Notifying the police officers about the accident is crucial, regardless of its severity. Call the law enforcement officers to the crash scene and request a copy of the law enforcement report. You can use this report in legal proceedings and insurance claims as it is an official accident record.
Obtain the Police Report
A local or state police officer will respond to the scene of an automobile accident. The officer will investigate the matter by questioning drivers and eyewitnesses before drafting a report. The report will include the police officer's assessment of what caused the accident.
For example, they could record that someone broke a traffic law. If you would like a copy of the officer's report, you have two options: either pay the fee to the police department or wait for your insurance adjuster dealing with the claim to ask for one.
Exchange Information With Other Motorists Involved
After an auto accident, you should always exchange insurance information and contact details with the other motorist, regardless of the party at fault. You should gather the following:
- The motorist's contact information and name
- Name of the insurance provider and insurance policy number
- The vehicle's details, like its model, license plate number, and make
- Contact information and names of any potential witnesses
While interacting with the other parties, be respectful and courteous, but avoid discussing blame or fault. The determination of liability should be left up to the insurance firms and authorities in charge of the case.
Record the Accident Scene
Thanks to digital technology, you can easily document the accident scene. Using your phone or camera, take videos and pictures of:
- Road conditions, skid marks, and traffic signs/signals.
- The accident scene and damage to the automobiles.
- Any other important information about the crash scene, like the weather conditions.
- Injuries that you or other vehicle occupants have sustained.
You can use the visual records in legal proceedings and insurance claims. Following these first actions after an accident can help keep everyone safe and set the stage for a smooth recovery.
You should speak with an attorney to manage all legal issues that can arise in a car accident's aftermath. After documenting the accident scene, your primary focus should be seeking medical attention and pursuing legal action.
Seek Medical Assistance
Medical attention is essential after any accident, regardless of the nature of the injuries sustained. Some injuries, such as internal traumas or whiplash, may not manifest immediate symptoms. Seeking immediate medical care guarantees your safety. It also records the injuries in case they are more severe than anticipated. Medical records are essential to your car accident insurance claim and potential legal case.
You should still seek medical attention, even if you do not feel any pain. Check on other accident victims if you are in a position to do so so that you can inform the 911 operators of their condition. After an automobile crash, you might be shocked, even if you don't know it. You might also experience a rush of adrenaline. These two incidents could mask the pain that comes from the sustained severe injuries.
If you visit the emergency room, doctors will examine you and perform every test that they feel is needed. After establishing the severity of the injuries, the doctors will establish a treatment plan. Depending on the nature of your injuries, you may need more extensive medical care or receive immediate care and be discharged the same day.
Regardless of how mild or severe you believe the damages are, you should follow your doctor's directions and attend any recommended follow-up appointments. This will help you stay safe and show a judge or jury that you were serious about seeking medical attention and recovering after your injuries. Although you might feel fine and not wish to schedule another appointment, you should return if your doctor wants you to.
It is important to follow the treatments and medical care recommended to you. You could have to return for further treatment or surgery, depending on the severity of the injuries sustained in the vehicle accident. If therapy is required, you could be required to attend. It is worth noting that the actions you take will have an impact on your claim for insurance in the future.
Notify the Insurance Firm
Reach out to your insurance provider immediately to notify them of the incident. Tell them everything that happened in the crash, and do as they say when filing claims. Be thorough and honest when you communicate with your insurance company.
Do not discuss blame or admit fault with an insurance provider or the other motorist's insurer. Stay focused on the facts and allow them to carry out their investigation. If you choose an experienced vehicle accident lawyer, they can help you navigate these conversations so you do not accidentally relinquish any of your rights.
Be Cautious of What You Post Online or Say
You should and can communicate openly with your attorney. However, sharing information with third parties could be detrimental to your claim. Limit the information you share with family, close friends, and acquaintances. You might be tempted to speak about the incident. However, the information you disclose in conversations could reach the wrong audiences, such as legal representatives or insurance adjusters. Keep your remarks factual and brief, emphasizing your well-being over the details of the incident.
Be cautious when using social media. Do not share details about the injuries sustained, the accident, or legal matters on social platforms. Insurance firms and lawyers usually monitor these platforms for information they could use to challenge your claim. For instance, a simple picture or comment implying you are well could jeopardize your compensation claim.
You should also be cautious when responding to messages or answering calls from insurance agents or opposing counsel. Never consent to provide recorded statements. In such cases, direct them to either your attorney or insurer. That way, you won't have to be concerned about making comments that contradict your case.
Preserve Evidence
Accident-related severe injuries could be expensive, especially when you factor in medical expenses and income loss. You should demonstrate all your monetary losses resulting from the crash and any related damages to win a lawsuit or insurance claim.
Your claim will only be allowed if you provide proof of your losses. This includes expenses for emergency and ambulance services, diagnostic imaging, doctor's visits, surgery, medication, and hospitalization, as well as transportation costs when traveling to and from a clinic or hospital for follow-up care or treatment.
You could also incur charges for rehabilitation, like visits to occupational or physical therapists. Other financial losses include replacement service costs, long-term medical care, and home accessibility improvements, like wheelchair ramps or handrails.
Replacement services involve lawn care, cleaning, handyman, or childcare services. If you are not at fault for a car crash, you should preserve all bills and receipts that relate to your injuries and accident to prove the damages you suffered.
You should also present your lawyer with proof of your salary, such as a pay stub. Your pre-injury earnings will be considered when calculating the lost and future earnings and any paid-off days you were forced to take due to the injury.
Keep A Journal And Record Your Injuries
Regarding California personal injury claims, some insurance firms often find it challenging to calculate non-economic damages. However, if you sue the motorist who caused the accident, the value of damages you seek will include non-economic losses, which are challenging to quantify.
If you can do so, you could start keeping a daily record describing how you feel and your recovery process. This could help you understand how your emotional and mental recovery is progressing.
Keeping a journal can help your doctor understand your symptoms and treat any conditions or injuries you may have. When a severe car crash results in visible wounds, you can include photos in the journal to show your recuperation progress. A journal can help your attorney determine a more fair settlement amount for your claim.
Do Not Accept The First Settlement Offered
After an accident, insurance firms often surprise claimants by offering settlement offers that seem very generous and don't require much interaction. They usually do this in the hope that the injured party will be so desperate that they won't bother to look at the offer too closely, and the victims end up receiving far less than they deserve.
Insurance companies strive to resolve claims economically and in a hurry. Their initial offer usually does not cover the victim's medical bills, lost income, vehicle repairs, or other related expenses. Accepting a settlement deal too soon could result in expenses you should cover out of your pocket.
Before you settle, you should assess the damages and injuries sustained. Some car accident injuries do not manifest symptoms immediately. If you accept a settlement offer before understanding the severity of your injuries, you could miss out on compensation for future treatments and medical care.
You should always consult your attorney before taking any offer. An attorney can help you determine the potential worth of your claim and whether a settlement offer is appropriate. They will consider things like your ability to continue working in the future, the extent to which the crash affects your suffering and pain, and other long-term medical requirements. In many situations, you need to negotiate for a fair settlement, which is where having an attorney can help.
Take Legal Action Against the At-Fault Motorist
If you have tried to settle your insurance claim and the insurer is disputing a key point (such as responsibility for the car crash) or refuses to negotiate for a fair settlement offer, you could escalate the situation by presenting a car accident legal action in court.
How Can I Find the Right Attorney For My Case?
The most suitable auto accident attorney for you is one who is candid and open with you, shows empathy for what you are going through, and has a successful record of resolving cases similar to yours. Having trial experience can demonstrate to your insurance firm that you will take your case to court. You can interview several lawyers to find one with the right attitude for your case. Also, you can inquire about your situation if you want assurance that your lawyer is actively involved in handling your case.
What Can I Do If I Sustained Severe Injuries From a Car Crash?
Most car crash claims will only result in settlements from the at-fault motorist's insurer once your first crash-related medical costs come in, mainly if the injuries you sustained are severe and your medical care is ongoing. Therefore, you will need to pay those bills while you wait.
Some auto insurance policies, such as medical payments or personal injury protection, can allow you to submit claims for immediate reimbursement for medical expenses. However, you will most likely have to use your medical coverage to cover the costs of medical treatment for your injuries until the fault is clear and you secure a fair settlement.
If you lack health coverage, your attorney can make arrangements for necessary medical assistance from a network of medical professionals willing to attend to your car accident injuries immediately in return for payment later.
What Does an Insurance Firm Pay When a Car is Totaled?
The insurance company will cover the fair market price of the totaled vehicle. This does not reflect the vehicle's value when you originally purchased it or how much you paid. Rather, it represents its value when the crash occurred. The insurance company will then seize the vehicle. If you have gap insurance and the car is still under lease or loan, you can seek compensation for the remaining balance.
Contact an LA Car Accident Lawyer Near Me
Handling insurance-related issues after a car accident can be stressful. However, a seasoned attorney can make the process much easier to manage. At Los Angeles Car Accident Attorney, our team has years of experience assisting clients with car accident claims. We are aware of the usual inconveniences associated with filing insurance claims.
If you or a loved one suffered injuries in a car accident caused by another party, you have the legal right to claim compensation. Our law firm can help you with your insurance claim and determine the losses you could receive in a personal injury lawsuit. For further information about the legal services we offer and how we can assist you in recovering after an accident, call us at 424-237-3600.
