Essential Steps to Follow After a Vehicle Accident
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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Vehicle accidents can be a stressful and traumatic experience for anyone involved. If you live in California, there are specific laws and regulations that you should be aware of if you are involved in a car accident. Here are some frequently asked questions (FAQs) about vehicle accidents in California.
What should I do immediately after a car accident?
The first thing you should do after a car accident is to check if anyone is injured and call 911. It's also important to exchange contact and insurance information with the other driver. If there are any witnesses to the accident, get their contact information as well. Take photos of the damage to both vehicles and the accident scene. It's also important to report the accident to your insurance company.
Do I need to report the accident to the DMV?
If the accident resulted in property damage exceeding $1,000 or any injury or death, you must report the accident to the California Department of Motor Vehicles (DMV) within 10 days. Failure to report the accident may result in a suspension of your driver's license.
Who is at fault in a car accident?
Determining who is at fault in a car accident is not always straightforward. California follows a comparative fault system, which means that if you are found to be partially at fault for the accident, your compensation may be reduced by the percentage of your fault. However, if you are found to be more than 50% at fault, you may not be eligible for any compensation.
Do I need to contact a lawyer after a car accident?
If the accident resulted in serious injuries or death, it's recommended that you consult with a personal injury lawyer. A lawyer can help you navigate the legal process and ensure that you receive fair compensation for your injuries. It's also important to contact a lawyer before speaking with any insurance company representatives.
What damages can I recover after a car accident?
If you are involved in a car accident, you may be entitled to recover damages such as medical expenses, lost wages, property damage, and pain and suffering. If the other driver was under the influence of drugs or alcohol, you may also be entitled to punitive damages, which are intended to punish the other driver for their reckless behavior.
Do I need to carry car insurance in California?
Yes, California law requires all drivers to carry liability insurance with minimum coverage of $15,000 per person and $30,000 per accident for bodily injury and $5,000 for property damage. Failure to carry insurance may result in fines and suspension of your driver's license.
What is the statute of limitations for filing a car accident claim in California?
In California, the statute of limitations for filing a car accident claim is two years from the date of the accident. It's important to file your claim within this timeframe, as any claims filed after the statute of limitations has expired may be dismissed.
Can I file a claim if the other driver is uninsured?
If the other driver is uninsured, you may still be able to recover damages through your own uninsured motorist coverage. However, it's important to note that uninsured motorist coverage may not cover all damages, and you may need to file a lawsuit against the other driver to recover additional damages.
In conclusion, if you are involved in a car accident in California, it's important to take the appropriate steps to protect your legal rights. This includes reporting the accident to the DMV, exchanging information with the other driver, contacting a lawyer if necessary, and filing your claim within the statute of limitations. By following these guidelines, you can ensure that you receive fair compensation for your injuries and damages.
Frequently Asked Questions
How long do I actually have to sue someone after a car accident in California?
In California, you generally have two years from the date of the accident to file a personal injury lawsuit, as established under California Code of Civil Procedure Section 335.1. However, if your accident involved a government vehicle or a city or county-owned road defect, you must file a government tort claim within just six months under the California Government Code Section 911.2. Missing either of these deadlines can permanently bar you from recovering any compensation, so it's critical to speak with an attorney as soon as possible after your accident.
What happens if I was partly to blame for the crash — can I still get money in California?
Yes, you can still recover compensation even if you were partially at fault, because California follows a pure comparative negligence system under Civil Code Section 1714. This means your total damages are simply reduced by your percentage of fault — so if you were 30% responsible for the accident and your damages total $100,000, you would still recover $70,000. Unlike some other states, California does not bar you from recovering damages even if you were 99% at fault, though the other driver's attorney will almost certainly argue your fault percentage as high as possible.
My doctor says I have a herniated disc from the accident — what's that kind of injury actually worth in a California settlement?
A herniated disc injury from a car accident can be worth anywhere from $50,000 to several hundred thousand dollars in California, depending on factors like the severity of your symptoms, whether surgery is required, how the injury affects your ability to work, and the strength of the liability case. California allows you to recover economic damages like medical bills and lost wages, as well as non-economic damages like pain and suffering under Civil Code Section 3333. Because insurance companies routinely undervalue soft tissue and spinal injuries, having a personal injury attorney present medical evidence, expert testimony, and a detailed damages analysis typically results in significantly higher settlements than victims receive on their own.
The insurance adjuster called me two days after the accident and wants a recorded statement — should I give one?
You should decline to give a recorded statement to the other driver's insurance company without first consulting an attorney, as you are under no legal obligation to do so. Insurance adjusters are trained to ask questions in ways that can minimize your claim or establish partial fault, and anything you say in a recorded statement can be used against you throughout the claims process. You are generally required to cooperate with your own insurer under the terms of your policy, but even then, having an attorney present or reviewing your statement beforehand is strongly advisable, particularly in serious injury cases.
Can I still recover damages if the at-fault driver fled the scene and was never identified — a hit and run situation?
Yes, California law allows you to pursue compensation after a hit-and-run accident through your own Uninsured Motorist (UM) coverage, which treats an unidentified driver the same as an uninsured driver under California Insurance Code Section 11580.2. To successfully make a UM claim after a hit and run, California typically requires that there be independent witness corroboration or physical evidence confirming that another vehicle made contact with yours. If you don't carry UM coverage, recovering compensation becomes significantly harder, which is exactly why California strongly encourages drivers to purchase it even though it is not legally mandated.
What are the biggest mistakes people make in the days right after a car accident in California?
The most damaging mistakes people make after a California car accident include failing to call 911 and get an official police report, posting about the accident or their injuries on social media where insurers actively monitor, and accepting a quick lowball settlement offer before fully understanding the extent of their injuries. Many injuries like traumatic brain injuries, internal bleeding, and spinal damage do not present full symptoms for days or even weeks after the crash, and signing a release too early permanently waives your right to future compensation under California law. Waiting to consult an attorney — or not consulting one at all — is consistently the mistake that costs accident victims the most money in the long run.
If I was injured in a car accident while driving for work, do I have both a workers' comp claim and a personal injury claim in California?
Yes, if you were injured in a car accident while performing work duties in California, you may have the right to pursue both a workers' compensation claim under California Labor Code Section 3600 and a third-party personal injury claim against the at-fault driver simultaneously. Workers' compensation covers your medical bills and a portion of lost wages regardless of fault, while a personal injury lawsuit against the negligent driver can recover the full spectrum of damages including pain and suffering, which workers' comp does not cover. It is important to know that if your workers' comp insurer pays out benefits and you later recover a personal injury settlement, California law requires you to reimburse the insurer under a process called subrogation — an experienced attorney can help you structure your recovery to maximize what you actually keep.