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Car accidents are scary and often traumatic experiences that can leave you feeling vulnerable. Knowing what to expect and what to do in the days after can help ease the stress surrounding car accidents. Below, you’ll find answers to the most commonly asked questions about car accidents.

What should I do immediately following a car accident?

Call 911 to report the accident. Let the dispatcher know if you believe someone may have been injured. While still inside your vehicle, be mindful of oncoming traffic and the possibility that a distracted driver may not see or expect you to be stopped in the roadway. Should you suspect the other party was distracted, it might be a good time to contact a distracted driving liability lawyer for guidance.

Can I rely on the police to investigate the crash?

While the police will typically respond to the scene of a car accident and file a report, it’s important to remember that their primary role is to ensure public safety and enforce traffic laws. Their investigation may not always be exhaustive, so gathering your evidence is advisable as it is crucial to your personal injury claim.

If the driver flees the scene, what should I do?

If a driver flees the scene of an accident, it’s essential to try to gather as much information as possible, including the license plate number and a description of the vehicle and driver. Contact the police immediately to report the hit-and-run incident.

What information should I gather after a car accident?

After a car accident, it’s crucial to prioritize safety. Check for injuries and call emergency services if necessary. If possible, move to a safe location and exchange contact and insurance information with the other parties involved. Document the scene by taking photographs and gathering witness contact details. It’s also advisable to notify your insurance company promptly.

Should I speak with the other driver at the scene?

Your sole purpose for speaking with the other driver should be to ascertain that person’s identity and contact information. Ask for the driver’s license, car registration, and insurance information, and be ready to provide your information in exchange. Do not apologize or say anything about how the accident happened or who is to blame. Once law enforcement arrives, there is no reason for you to speak with the other driver at all. If you have doubts or concerns about the situation, consulting with an experienced car accident attorney is advisable.

What if I can’t afford to get medical treatment?

To begin with, avoiding treatment is dangerous. You may have suffered internal injuries or other harm that is more serious than you realize. Also, you forfeit your personal injury claim by not going to the doctor. You cannot win without medical records documenting your injuries. So, if you have medical insurance, use it. If you do not have medical insurance, contact our office for advice. We have a working relationship with medical providers throughout Southern California. We may be able to speak with your doctors and assure them they will receive payment out of your settlement when the time comes.

The other driver’s insurance adjuster wants me to give a statement and sign a medical release. Should I agree?

Insurance companies spend billions of dollars on commercials to convince people they are there to help. They want us to trust that they will do what is right when things go wrong. This may or may not be true regarding how an insurance company deals with its customers, but it certainly does not apply to you as a claimant. The other party’s adjuster only wants to record your statement so that it can be used against you. Our office can monitor your treatment, assemble a complete set of records, and submit an indexed copy to the adjuster when we make our settlement demand.

How does fault impact car accident claims in California?

California follows a “fault” system regarding car accidents, meaning the party responsible for causing the accident is typically liable for the resulting damages. Determining fault involves examining traffic laws, witness statements, and evidence from the accident scene. If you’ve been injured in a car accident in California, proving the other party’s fault is essential for recovering compensation for your injuries and losses.

How does comparative negligence work in California car accident cases?

California follows the principle of comparative negligence, which means that even if you were partially at fault for the accident, you may still be able to recover compensation for your damages. However, your compensation may be reduced in proportion to your degree of fault. For example, if you were found to be 20% at fault for the accident, your total compensation award would be reduced by 20%. It’s essential to work with a skilled attorney who can effectively argue for your right to compensation, even if you share some responsibility for the accident.

Do I need to appear in court to bring a car accident claim?

Most cases settle out of court to the benefit of everyone involved. However, one of the keys to our firm’s success through the years has been to prepare every case as though it will not settle. This approach gives us more leverage during negotiations. Opposing parties see we are ready and willing to litigate if they try to lowball our client.

How much compensation can I expect to receive?

Everyone going through the process of a personal injury claim will, at some point, ask this question. We understand why. As a victim, you must make decisions about medical treatment, and it helps to know beforehand whether your settlement will be sufficient to reimburse the cost of a given procedure. Ideally, a negligent driver will pay all your property damage, medical bills, lost wages, out-of-pocket costs, future expenses, and a fair amount to compensate for your pain, suffering, and inconvenience. Unfortunately, your recovery may be limited as a practical matter if the driver carries only minimum insurance policy limits and does not have much in the way of personal assets. The good news is the attorneys at Neale & Fhima can locate all available sources of insurance coverage, including your own.

Is there a statute of limitations in my case?

A statute of limitations governs the time an accident victim must file a lawsuit. Filing a lawsuit does not preclude settlement before trial, but it does mark the beginning of a sharp increase in the cost of pursuing a claim. Victims who do not file a lawsuit within the limitations period are forever barred from seeking compensation through the judicial system. Here are some of the statutes of limitations that may apply to a car accident in California:

  • Property damage – 3 years
  • Personal injury – 2 years
  • Claim against the government – as short as 6 months (to file with the agency).

Are there steps I should take immediately to improve the likelihood my claim will succeed?

The law puts the burden of developing a car accident claim on the victim. A proactive approach is therefore essential with the help of accident claim lawyers.

Contact our Orange County office at 888-407-2955 for a free valuation of the status of your case and to learn the next steps you should take.

Attorney Aaron Fhima

Aaron Fhima, California attorneyAaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights. [ Attorney Bio ]