Yes, you should hire a personal injury attorney, when you are not at fault for a car accident.
By Brad Nakase, Attorney
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Most Americans drive a car every day without realizing the risks associated with doing so. In the year 2013, car accidents accounted for 2.4 million visits to the hospital. This included almost 34,000 car accident deaths, which was the second greatest cause of accidental death in the United States.
After a car accident, an individual’s life can change for the worse due to injuries and other damages. Even small injuries can leave an individual facing major medical bills and difficult insurance disputes. The repair bills for a car may be just as prohibitively expensive as the medical bills. An individual may also be injured so severely that they are unable to work while they recover.
If this is the situation you’re facing after a car accident, you should contact our experienced car accident injury lawyer who can help you get the money you deserved. These challenges will include battling the insurance company for a fair settlement.
For car accidents, California is known as a fault state. This means that if an individual is injured in a car accident, he or she may sue both the at-fault driver and their car insurance company for compensation to cover the losses.
What happens if an individual is at fault for an accident? If so, he or she is responsible for the damages of anyone who was injured in the accident. The other driver has the right to file a claim to get a settlement for their losses. This is the case for anyone injured in an accident that is not their fault.
In most circumstances, an individual’s auto insurance will cover expenses that an individual is liable for as the at-fault driver – though the extent of this depends on one’s plan.
The bottom line is that an individual cannot control what other drivers do. This means that even the safest drivers can become involved in a car accident. Whether it is speeding or texting, negligent drivers put everyone at risk. A car accident lawyer will study every detail of the crash and help identify where the fault lies. Doing this will allow an individual to get compensation from the appropriate party.
Car accidents are such common occurrences that it is likely that an individual will be involved in one at some point in their life. Therefore, it is best to be prepared.
Accidents Caused by Drunk Drivers
Every year, over one million drivers are charged with driving under the influence. Such reckless drivers cause over 300,000 injuries and 10,000 deaths every year. It is estimated that one out of every three Americans will be involved in an accident caused by a drunk driver at some point in their life.
Driving under the influence is an act of negligence that means the drunk driver is responsible for any injuries and damages. An individual may also be able to hold the business that served the driver accountable.
Accidents Caused by Distracted Driving
In California, handheld cell phone use is banned while driving. All cell phone use is banned for drivers under 18. Texting behind the wheel is banned for all drivers. However, according to research, 80% of accidents are caused by distracted driving, and cell phone use is the number one cause of distracted driving.
It can be difficult to find proof of the distraction that caused a particular crash, but an experienced car accident attorney will know what to look for. This may be cell phone records or witness testimony, among other sources of evidence.
Accidents Caused by Speeding
Speeding is another kind of negligence, and it is the cause of some of the worst crashes. It can be very frustrating to be left injured or in debt because of another person’s adrenaline rush or impatience. An experienced car accident attorney can help hold the liable driver accountable for their actions.
Every insurance adjuster is going to try to minimize a financial settlement. This is against a victim’s best interests. Matters can get infinitely more complicated when opposing lawyers become involved. After an accident, it is important that an individual speak with a car accident attorney for guidance.
To protect a claim, an individual should keep the following in mind:
An individual should hire a lawyer if they were involved in an accident, even if they were not at fault. An individual must assume that things may not work out in their favor, and they may have to prove that they did not do anything wrong. An experienced car accident attorney can help make sure that the responsible party pays for any damages than an individual has suffered. An attorney can also help an individual proceed through the process of dealing with the insurance company. If the other driver was at fault, then their insurance company will try to trick the victim into making statements that may lower the value of their claim. They may also try to push a settlement that is less than the amount of an individual’s losses. An experienced lawyer can help prevent this from happening.
If an individual was not injured in a car accident, then he or she cannot file a personal injury claim. For an individual to have grounds for filing a personal injury suit, he or she would need to prove that the other party’s negligence or wrongdoing caused observable injuries or damages. That said, a car accident that does not result in physical injuries can still cause serious damage to a vehicle. This may cause an individual to face serious financial hardship and challenges when it comes to traveling, commuting, and simply getting around.
If an individual was not injured in a crash, but their vehicle suffered extensive damage, he or she may file a claim through their insurance company (assuming they have the appropriate coverage). They may also file a claim against the at-fault party’s car insurance company. Property damage claims tend to be simpler than personal injury claims. Usually, people can file and resolve these claims on their own, without the assistance of an attorney.
If an accident caused more than $750 of damage, then an individual should file an SR-1 form with the Department of Motor Vehicles (DMV) within 10 days of the accident. An individual should be sure to provide all their insurance information on the form to avoid having their license suspended on the grounds of lacking insurance.
An individual should also contact his or her insurance company, as well as the other party’s, to schedule a time for an adjuster to view the damage to the vehicle in question. It may be necessary to bring the car to an auto repair shop for evaluation, depending on the type of damage and if the car works. The insurance company may pick the particular auto repair shop.
An individual should get multiple estimates on the damage from different legitimate auto repair shops. It is important to have these estimates in writing, With several estimates in one’s pocket, an individual can have a better picture of the damage and what it will cost to fix. It will also allow an individual to negotiate with the insurance adjuster more effectively.
If a vehicle was totaled in an accident, then the insurance company is responsible for reimbursing an individual for its “fair market value.” It should be noted that this does not mean an insurance company has to pay the same amount one paid for the car. It also does not mean the insurance company has to pay the amount the owner still owes (if the car was not paid off). Instead, the insurance company will pay an amount that is based on the average selling price of the car. This is calculated by averaging two similar cars listed or sold within 90 days of the accident.
Have a quick question? We answered nearly 2000 FAQs.
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