What Damages Can Be Recovered after an Auto Accident in LA
Whether you've been injured in an accident, are dealing with a personal injury claim, or facing another legal issue, Mendez & Sanchez APC is here to fight for you. Contact us today for a free, no-obligation consultation.
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Each year, California has approximately 200,000 injuries caused by auto accidents. And each car accident in Los Angeles has life-changing consequences and even long-term complications.
Table of Contents
- What Are the Damages in a Car Accident
- How to Handle Property Damage Claims in California
- What Are the Other Vehicle Damages You Can Claim
- Personal Injury Accidents: No First Party Claim for Diminution of Value
- Conclusion
If you or a loved one has been involved in a car accident, it is crucial to seek immediate medical attention, even if you don't think you've been seriously injured. Many injuries, such as whiplash, may not be immediately apparent.
Once you have sought medical attention, you should contact an experienced car accident attorney to discuss your legal options. The attorney can help you navigate the often complex legal process and fight for the compensation you deserve.
What Are the Damages in a Car Accident
Car accidents can be extremely costly, both financially and emotionally. If you've been in a car accident, you may be wondering what kind of damages you can claim.
There are two main types of damage in a car accident: economic and non-economic.
Economic damages have a specific monetary value, such as medical bills, lost wages, and property damage. Non-economic damages, on the other hand, are those that do not have a specific monetary value, such as pain and suffering, emotional distress, and loss of enjoyment of life.
In most states, you can claim economic and non-economic damages if you've been in a car accident. However, there are some states that have limits on the amount of non-economic damages you can recover.
If you've been in a car accident, you must speak to an experienced car accident attorney to find out what damages you may be entitled to.
How to Handle Property Damage Claims in California
If you have been involved in a car accident, you may wonder how to handle California property damage claims. Depending on the accident's severity, there may be a lot of damage to your vehicle. If you have comprehensive insurance, your insurance company will likely cover the cost of repairs. However, if you only have liability insurance, you may be responsible for paying for repairs yourself.
If the damage to your vehicle is significant, you may want to file a claim with your insurance company. To do this, you will need to provide them with a detailed damage estimate. Once you have filed a claim, your insurance company will send an adjuster to inspect the damage and determine the cost of repairs.
If you are unhappy with the estimate your insurance company provides, you can negotiate with them. It is essential to keep in mind that your insurance company is not required to pay more than the actual value of your vehicle.
Apart from your vehicle damage, you may have experienced physical injuries due to the accident. If you have been injured, you may be able to file a personal injury claim against the at-fault driver. A personal injury claim can help you recover compensation for your medical expenses, lost wages, and pain and suffering.
If you have been involved in a car accident, it is essential to seek legal assistance as soon as possible. An experienced car accident lawyer can help you navigate the property damage and personal injury claims process and ensure you receive the compensation you deserve.
What Are the Other Vehicle Damages You Can Claim
There are a few different types of vehicle damage that you can claim on your insurance policy.
Total Loss
A total loss occurs when your vehicle is so damaged in an accident that it is not economical to repair. In this case, your insurance company will pay you the market value of your vehicle minus any deductibles.
Actual Loss and Actual Use
Car insurance has two types of loss: actual loss and actual use. Actual loss is when your car is so damaged in an accident that it is not economical to repair. In this case, your insurance company will pay you the market value of your vehicle minus any deductibles.
Actual use is when your car is not damaged in an accident, but you still have to pay for repairs. In this case, your insurance company will pay you the cost of repairs minus any deductibles.
Damages against Defendant
When you are in an accident, you may be able to file a claim for damages against the other driver. If the other driver was at fault, their insurance company might be required to pay for your damages. The number of damages you can recover will depend on the severity of the accident and the extent of your injuries.
You may be able to recover medical expenses, lost wages, and pain and suffering. If the other driver was uninsured or underinsured, you might be able to recover damages from your own insurance company.
Personal Injury Accidents: No First Party Claim for Diminution of Value
When you are in an accident, the last thing you want to worry about is whether or not your insurance will cover the cost of repairs. Unfortunately, many insurance companies will not pay for repairs if a personal injury causes the damage. This means that if you are in an accident and suffer a personal injury, you may be responsible for the cost of repairs to your vehicle.
There are a few ways to avoid this problem. First, you can purchase insurance that covers personal injury. This type of insurance is known as first-party insurance. Second, you can purchase insurance that covers the cost of repairs to your vehicle regardless of who is at fault. This type of insurance is known as third-party insurance.
If you do not have first-party or third-party insurance, you may still be able to recover the cost of repairs to your vehicle if you can prove that the other driver was at fault. This is known as a diminution of value claim.
A diminution of value claim is a claim for the decrease in value of your vehicle due to the accident. To prove a diminution of value claim, you must show that the accident caused your vehicle to lose value. This can be done by getting an estimate of the value of your vehicle before and after the accident.
If you can prove that the accident caused your vehicle to lose value, you may be able to recover the cost of repairs to your vehicle. However, you will likely only be able to recover a portion of the cost of repairs. The amount you can recover will depend on the damage to your vehicle.
If you have been in an accident and are considering making a diminution of value claim, you should speak to an experienced personal injury lawyer. A lawyer will be able to assess your case and advise you on the best course of action.
Conclusion
If you've been in an auto accident in LA, you may be wondering what kind of damages you can recover. The good news is that you can recover various damages, including property damage, medical bills, lost wages, and pain and suffering. An experienced car accident attorney can help you understand your rights and options and fight for the compensation you deserve.
At Mendez & Sanchez Law, we have an auto accident attorney in California who understands your challenges. We're here to help you navigate the legal process and get the compensation you need to cover medical expenses, lost wages, and more. Whether you were in a minor fender bender or a major collision, we can help. Let us help fight for you every step of the way. Schedule a consultation today!
Frequently Asked Questions
How long do I have to file a car accident lawsuit in Los Angeles before I lose my right to sue?
In California, you generally have two years from the date of your car accident to file a personal injury lawsuit, as established under California Code of Civil Procedure Section 335.1. If your accident involved a government vehicle or a city-owned bus, however, you must file a government tort claim within just six months of the incident. Missing these deadlines almost always means losing your right to compensation entirely, so it is critical to contact a car accident attorney as soon as possible after your crash.
What is the average settlement amount for a car accident in California?
Car accident settlements in California vary enormously depending on the severity of injuries, the clarity of fault, and the insurance policy limits involved — minor accidents with soft tissue injuries often settle in the range of $10,000 to $25,000, while cases involving serious injuries like spinal damage or traumatic brain injury can result in settlements or verdicts exceeding $1 million. California does not cap economic damages such as medical bills and lost wages, which means the full extent of your financial losses can always be pursued. An experienced attorney will evaluate your specific medical records, lost income, and long-term prognosis to build the strongest possible case for maximum compensation.
Can I still recover damages if I was partially at fault for the accident in California?
Yes, California follows a pure comparative negligence rule under California Civil Code Section 1714, which means you can still recover compensation even if you were partially — or even mostly — at fault for the accident. Your total damages award will simply be reduced by your percentage of fault, so if a jury finds you 40% responsible for a $100,000 loss, you would still recover $60,000. This is more favorable than the rules in many other states, and it is one reason why speaking to an attorney before accepting any insurance settlement is so important.
What medical expenses can I actually get reimbursed for after a car accident in LA?
In California, you can seek reimbursement for all reasonable and necessary medical expenses directly caused by your car accident, including emergency room visits, ambulance fees, surgeries, hospitalization, physical therapy, chiropractic care, prescription medications, and any future medical treatment your doctors anticipate you will need. Under California's collateral source rule, the defense generally cannot reduce your medical damages simply because your health insurance already paid some of your bills. Keeping thorough records of every medical visit, bill, and prescription is essential to ensuring you recover the full value of your healthcare costs.
Does California require drivers to carry enough insurance to actually cover serious accident injuries?
California's minimum liability insurance requirements are currently $15,000 per person and $30,000 per accident for bodily injury under California Insurance Code Section 11580.1b, limits that are widely considered far too low to cover serious injury claims in a high-cost city like Los Angeles. As of January 1, 2025, those minimums increased to $30,000 per person and $60,000 per accident under AB 1107, but serious accidents can still exhaust those limits quickly. If the at-fault driver is underinsured, your own Uninsured/Underinsured Motorist (UM/UIM) coverage becomes critically important, which is why reviewing your own policy with an attorney is always a smart move after an accident.
What mistakes do people most often make after a car accident in California that hurt their injury claim?
One of the most damaging mistakes people make is giving a recorded statement to the at-fault driver's insurance company without first consulting an attorney, because those statements are routinely used to minimize or deny claims. Equally harmful is delaying medical treatment — insurance adjusters in California will argue that a gap in care proves your injuries were not serious or were not caused by the accident. Finally, many accident victims settle too quickly, often before the full extent of their injuries is known, which permanently waives their right to seek additional compensation later.
How is pain and suffering calculated in a California car accident case?
California does not have a fixed formula for calculating pain and suffering, but attorneys and courts most commonly use either the multiplier method — multiplying your total economic damages by a number between 1.5 and 5 depending on injury severity — or the per diem method, which assigns a daily dollar value to your suffering for every day you are affected. Factors that influence the final number include the permanency of your injuries, your age, how your injuries affect your daily life and relationships, and the strength of medical documentation supporting your claim. Unlike medical malpractice cases, California does not cap pain and suffering damages in car accident cases, meaning there is no legal ceiling on what you can recover.