Filing Claims, Fault Determination, and the Claims Process - California Law
Immediately after a California car accident, take these essential steps to protect your rights and build a strong claim. First, check for injuries and call 911 if anyone needs medical attention. Move to safety if possible, but don't leave the scene. California law requires you to stop and exchange information after any accident involving injury, death, or property damage.
Exchange information with other drivers including names, addresses, driver's license numbers, insurance information, and vehicle registration. Document the scene by taking photographs of all vehicles, the location, skid marks, weather conditions, and any visible injuries. Get witness contact information. File a police report. Seek medical attention even if you feel fine. Notify your insurance company promptly, but be cautious about giving recorded statements to the other driver's insurer.
California imposes strict deadlines called statutes of limitations for filing car accident claims:
Missing these deadlines typically means losing your right to sue entirely. Insurance claims have separate, shorter deadlines specified in your policy. While you should report accidents to insurers immediately, the legal deadline for filing suit ultimately limits your rights. Acting quickly preserves evidence and ensures witness memories are fresh.
California uses a pure comparative negligence system to determine fault in car accidents, meaning each party's responsibility is assessed as a percentage, and your recovery is reduced by your share of fault. Evidence used to determine fault includes:
Multiple parties can share fault. For example, if you're found 30% at fault and suffered $100,000 in damages, you can recover $70,000 from other at-fault parties. Gather as much evidence as possible to support your version of events.
California car accident victims can recover both economic and non-economic damages. Economic damages include:
Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. California doesn't cap non-economic damages in regular car accident cases. In cases involving drunk driving or egregious behavior, punitive damages may be available. Document all damages thoroughly.
You should rarely accept an insurance company's first settlement offer without careful evaluation. Initial offers are typically low because insurers aim to minimize payouts and often make quick offers before the full extent of injuries is known.
Before accepting any offer, ensure you understand the complete scope of your injuries, calculate your total damages including future medical care and lost wages, and compare the offer to your calculated damages. Once you accept a settlement and sign a release, you typically cannot pursue additional compensation later, even if injuries worsen. Counter the initial offer with a demand letter explaining why you deserve more, supported by evidence. Negotiations often result in significantly higher settlements than initial offers.
Whether you need a lawyer depends on your accident's complexity and severity. Consider handling your own claim if injuries are minor, liability is clear, and total damages are relatively small.
Consider hiring a lawyer if you suffered serious injuries, there's disputed liability or multiple parties involved, the insurance company denies your claim or offers an unreasonably low settlement, you have permanent injuries, the at-fault driver was uninsured, or you're dealing with complex legal issues. Most car accident lawyers work on contingency (33-40% of recovery) and charge nothing upfront. Statistics suggest represented claimants receive higher settlements on average, even after attorney fees. Many attorneys offer free consultations.
Strong evidence is crucial for a successful California car accident claim. At the scene, gather photographs of all vehicles showing damage, the accident scene, skid marks, and witness contact information.
After the accident, obtain the police report, all medical records and bills, proof of lost wages, repair estimates and invoices, rental car receipts, and insurance correspondence. Additional valuable evidence includes dashcam footage, surveillance video, 911 recordings, and expert reports. Keep a daily journal documenting your pain levels and how injuries affect your life. Organize evidence chronologically and maintain copies of everything.
Yes, California's pure comparative negligence law allows you to recover damages even if you were partially at fault. Your recovery is simply reduced by your percentage of fault. For example, if you suffered $50,000 in damages but were found 25% at fault, you can still recover $37,500.
This applies even if you were more than 50% at fault. If you were 80% at fault and the other driver 20% at fault, you could still recover 20% of your damages from them (though they could recover 80% of their damages from you). Insurance adjusters and courts consider all evidence when assigning fault percentages. Don't assume you can't recover just because you may have contributed to the accident.
Filing a third-party claim against the at-fault driver's insurance company involves several steps. First, obtain the other driver's insurance information at the scene. Report the accident to their insurance company by phone or website, providing basic information without admitting fault or giving detailed recorded statements.
The insurance company will assign a claims adjuster to investigate. The adjuster may request a recorded statement (which you're not legally required to provide) and will assess damages. After investigation, they'll make a liability determination and potentially a settlement offer. You can negotiate, counter-offer, or reject their offer. If negotiations fail, you may need to file a lawsuit. Document all communications in writing.
If the at-fault driver is uninsured, you have several recovery options. Check your own policy for uninsured motorist coverage (UM), which covers injuries caused by uninsured drivers. California law requires insurers to offer UM coverage, though you may have declined it.
If you have UM coverage, file a claim with your own insurance. You can also sue the uninsured driver directly, but collecting may be difficult if they lack assets. For property damage, you may have uninsured motorist property damage (UMPD) or collision coverage. If the at-fault driver is underinsured, your underinsured motorist coverage (UIM) can provide additional compensation. Consult an attorney to explore all recovery options.
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