Whether or not you’re eligible for compensation following a car accident in California depends on various factors, including your level of fault, the nature of your injuries, and the extent of property damage. Partnering with an experienced car accident lawyer can help clarify liability and determine the types of damages you may pursue for all accident-related expenses. Here’s what to know about the factors that can influence your claim and the types of compensation available.
Key Factors Determining Car Accident Compensation
Insurance Coverage
After an accident, you’ll typically file a claim with the at-fault driver’s insurance company. Their claims adjuster will conduct an investigation to assess fault and establish the damages you may be eligible to receive. Having an attorney can ensure you receive the full amount you’re entitled to, especially when facing a complicated claims process.
Liability Determination
Liability is a critical factor in determining compensation. Your attorney will conduct an independent investigation to establish the liable party and collect evidence, such as witness statements, police reports, and medical records, to build a strong case for negligence.
Severity of Injuries
The extent of your injuries can have a substantial impact on the compensation you’re eligible to receive. Medical bills, rehabilitation costs, and the need for ongoing medical care are all factors that may increase your potential compensation.
Loss of Earning Capacity
If your injuries prevent you from working or reduce your ability to earn income in the future, your attorney can pursue compensation for lost earning capacity as part of your claim.
Pre-Existing Conditions
If you have pre-existing conditions, your attorney will need to establish how the accident impacted those conditions and potentially worsened your injuries. This can prevent the insurance company from diminishing your claim based on prior medical history.
Types of Compensation Available After a Car Crash
You may be eligible for economic and non-economic damages after a car accident, including:
Pain and Suffering: This compensates for the physical and emotional pain experienced due to the accident. A lawyer can gather documentation to support this claim, such as statements from family members, a journal documenting your pain, and testimony from treating physicians.
Medical Expenses: This covers the cost of past and future medical treatment, rehabilitation, and any ongoing care related to your injuries.
Property Damage: Compensation for repair or replacement of your vehicle and any personal property that was damaged in the collision.
Lost Wages: If you had to miss work due to your injuries, you’re entitled to recover compensation for those lost wages.
Other Potential Damages
Additional damages you may be entitled to include:
Loss of consortium
Emotional distress
Loss of quality of life
Permanent disability
Scarring and disfigurement
Your attorney will assess your claim to determine the full scope of damages you may pursue.
Comparative Negligence in California
California operates under a comparative negligence system, meaning you can recover damages even if you’re partially at fault. However, your compensation will be reduced based on your percentage of fault. For example, if you’re 20% at fault, your compensation will be reduced by 20%.
Uninsured/Underinsured Motorist Coverage
If the other driver lacks adequate insurance, you can file a claim with your own insurance provider if you have uninsured/underinsured motorist coverage. This can cover additional damages if the other driver’s insurance doesn’t meet your total needs.
What If Your Claim Is Denied or the Settlement Offer Is Too Low?
If negotiations with the other driver’s insurance company stall or they deny your claim, your attorney can discuss your options for filing a lawsuit. Often, cases are resolved through negotiation, but having an attorney can ensure you’re prepared to take the next step if necessary.
Hiring a Car Accident Attorney to Maximize Your Settlement
Hiring a car accident attorney increases your chances of recovering a higher settlement by ensuring that the insurance company treats your claim fairly. Attorneys have the skills, experience, and resources to accurately value your claim, prove liability, and negotiate for fair compensation.
Contact LA Law Group Today
If you’ve been involved in a car accident, LA Law Group can help you pursue the compensation you deserve. Our legal team is here to guide you through the legal process, negotiate with insurance companies, and handle every aspect of your claim, so you can focus on your recovery. Contact us today for a free consultation and to learn more about your rights and options.
After a car accident, keeping a detailed diary can play a crucial role in documenting the incident and the ongoing effects of your injuries. This firsthand account helps to strengthen your claim by providing clear evidence of how the accident and injuries have impacted your life. A comprehensive diary can significantly increase the value of non-economic damages, such as pain and suffering, by offering a personal perspective that complements medical records and other evidence.
What Should You Document in Your Accident Diary?
When you work with a car accident lawyer, they’ll guide you on what to include in your diary. Important details to document may include:
Accident Details: Time, date, and location, as well as weather and road conditions.
Medical Updates: Summaries of doctor visits, surgeries, prescribed medications, physical therapy, and other treatments.
Pain Levels: Document your pain level on a 1-10 scale, and how it affects your daily activities.
Lifestyle Impact: Note any difficulties with self-care, work restrictions, or inability to enjoy hobbies or activities.
Communication Notes: Record conversations with insurance companies, doctors, and employers.
This record can provide a thorough picture of the accident’s impact on your life, from physical pain to lifestyle changes.
How Often Should You Update Your Accident Diary?
Start your diary as soon as possible following the accident. Keep regular entries whenever your injuries impact you, particularly during moments of pain, appointments, or limitations in daily activities. Consistent entries can help preserve details that may otherwise fade over time and allow your attorney to better demonstrate the severity and ongoing effects of your injuries.
How an Accident Diary Supports Your Claim
While economic damages like medical bills and lost wages are easier to quantify, proving non-economic damages—such as pain, suffering, and loss of enjoyment—can be challenging. Your accident diary provides evidence of your physical and emotional struggles, helping to substantiate your claim for non-economic damages. This detailed documentation, along with testimony from family, friends, and medical professionals, strengthens your attorney’s ability to negotiate fair compensation.
If you’ve been in a car accident, LA Law Group can help you pursue the compensation you deserve. Our legal team will guide you through the legal process, negotiate with insurance companies, and use all available evidence to support your claim. We offer free consultations, so contact us today to learn more about your options and how we can support your recovery.
Navigating DMV and Insurance Reporting After a Car Accident in California
The aftermath of a car accident can be overwhelming, with numerous steps to follow and important reporting requirements. Many drivers may be unsure if they need to report the accident to the DMV or how to meet the criteria for reportable incidents. Failing to report an accident when required can lead to consequences such as suspended driving privileges, fines, and even jail time.
Do You Need to Report a Car Accident to the DMV in California?
In California, if you’ve been involved in a car accident, it’s mandatory to stop and exchange insurance information with the other driver. Failing to do so can result in a hit-and-run charge. If anyone has been injured, or if the accident has caused a road obstruction, you must also contact 911 to report the incident to the California Highway Patrol (CHP) or local law enforcement.
In addition to these immediate steps, you may need to report the accident to the DMV. Under California law, any motor vehicle accident must be reported to the DMV if it meets one of the following criteria:
A fatality occurred
Someone sustained injuries
Property damage exceeds $1,000
If your accident meets any of these conditions, you must file a Traffic Accident Report (Form SR-1) with the DMV within 10 days of the accident.
Consequences of Not Reporting a Car Accident
Failing to report a reportable accident to the DMV can result in the suspension of your driving privileges until the report is made. Additional penalties may include fines ranging from $1,000 to $10,000 and up to one year in jail. In cases involving serious injury or death, failing to report can result in even more severe penalties, such as 90 days in jail, two to four years in prison, and substantial fines.
Do You Need to Report an Accident to Your Insurance Company?
Most insurance companies require you to report any accident within 24-72 hours, regardless of fault. Failure to notify your insurer promptly may lead to a loss of coverage or increased premiums. If you’re unsure about the specific reporting requirements, you can check your policy or contact your insurance provider directly for clarification.
Contact Us for Legal Support
If you were involved in an accident due to another driver’s negligence, a car accident lawyer at LA Law Group can help you navigate the reporting process and protect your rights. We offer a free consultation to discuss your case, explain your legal options, and guide you through each step, including reporting requirements for the DMV. Contact us today to learn how we can support you in the aftermath of your accident.
