Hakakian Law Group | Jul 10 2024 04:48
About the Author
Shawn S. Hakakian, Esq. is the founder of Hakakian Law Group, PC in West Hollywood, CA. A Penn Law graduate and former Gibson Dunn attorney, he is a National Trial Lawyers Top 40 Under 40 honoree, Avvo Clients' Choice Award recipient, and member of CAALA and the Consumer Attorneys of California. CA Bar No. 342841.
A car accident can turn your whole week, month, or year upside down. On top of the pain and stress, you're suddenly expected to understand insurance policies, claims, and legal deadlines. This guide breaks it all down in plain language so you know exactly what to do, what to watch out for, and how to protect yourself.
Whether you were rear-ended on the 405 or hit at an intersection in Hollywood, the information here applies to you. We'll cover how auto insurance in California actually works, what steps to take right after a crash, and how the settlement process plays out. If you need help at any point, a personal injury attorney in Los Angeles can walk you through your specific situation.
How Car Insurance Works in California
Car insurance is a deal between you and your insurance company. You pay a monthly or yearly amount (your premium). In return, the insurer agrees to help pay for certain costs if you're in an accident.
Your policy has coverage limits. Those limits are the most your insurer will pay for a covered claim. If your costs go beyond those limits, you could be on the hook for the rest.
California is an at-fault state. That means the driver who caused the accident is responsible for paying damages. If you're hurt by someone else's bad driving, their insurance should cover your medical bills and other losses.
California also uses comparative negligence. If you were partly at fault, your compensation gets reduced by your percentage of blame. For example, if you were 20% at fault and your damages total $50,000, you could recover up to $40,000.
First-Party vs. Third-Party Insurance
There are two basic types of car insurance coverage to know about.
First-party insurance covers you, the policyholder. If you have collision or medical payments coverage, those protect you and your vehicle no matter who caused the crash.
Third-party insurance covers your liability to other people. If you cause an accident, your third-party coverage pays for the other driver's injuries and property damage. California law requires every driver to carry third-party liability insurance.
California Minimum Car Insurance Requirements
As of January 1, 2025, California raised its minimum car insurance requirements. The minimums under California Insurance Code §11580.1b are:
-
$30,000 for bodily injury per person
-
$60,000 for bodily injury per accident
-
$15,000 for property damage
These are often written as 30/60/15. Before 2025, the California minimum car insurance limits were much lower (15/30/5). The increase was meant to better protect accident victims, since medical costs have gone up significantly over the years.
Keep in mind, these are just the minimums. If your injuries cost more than the at-fault driver's policy covers, you may need to look at other options for recovery.
Uninsured Motorist Coverage in California
Uninsured motorist coverage in California is not required by law. But insurance companies are required to offer it to you when you buy a policy. We strongly recommend carrying it.
California has a high number of uninsured drivers on the road. If one of them hits you and you don't have uninsured motorist coverage, you could end up paying your own medical bills. The at-fault driver may have no money or assets to go after.
Uninsured/underinsured motorist coverage protects you when the other driver has no insurance or not enough insurance. It's one of the smartest additions you can make to your policy.
What to Do After a Car Accident in California
Knowing what to do after a car accident in California can make a big difference in your health and your claim. The steps you take in the first hours and days matter. Here's a simple checklist:
-
Check for injuries and call 911. Your safety comes first. Even if the accident seems minor, get paramedics on the way if anyone is hurt.
-
Document the scene. Take photos of all vehicle damage, road conditions, skid marks, traffic signs, and any visible injuries. The more photos, the better.
-
Exchange information. Get the other driver's name, phone number, driver's license number, and insurance details. If there are witnesses, get their contact info too.
-
File an SR-1 report with the DMV. California law requires this if anyone was injured, killed, or if there's more than $1,000 in property damage. You have 10 days to file.
-
Seek medical care right away. Some injuries, like whiplash or concussions, don't show symptoms for hours or even days. See a doctor as soon as possible.
-
Notify your insurance company. Let your insurer know about the accident. Stick to the basic facts.
-
Talk to an attorney before signing anything. A car accident attorney in Los Angeles can review your case before you accept any offer or give a recorded statement.
Do Not Admit Fault or Minimize Injuries
After a crash, your adrenaline is pumping. You might feel okay in the moment. But saying "I'm fine" to a police officer, the other driver, or an insurance adjuster can come back to hurt your claim.
Insurance companies can use your own words against you. If you told the adjuster you felt fine at the scene, they may argue your injuries aren't serious. Even a casual apology like "I'm sorry" can be twisted into an admission of fault.
Stick to the facts when talking to anyone after the accident. Describe what happened without guessing at who's to blame. Let the evidence and your doctors speak for you.
Insurance Adjusters and the Personal Injury Claims Process
After you file a claim, the insurance company assigns an adjuster to your case. The insurance adjuster handles your personal injury claim on behalf of the insurer. It's important to understand who they actually work for.
The adjuster works for the insurance company. Their job is to save the company money. They are trained to settle claims for as little as possible, even if that amount doesn't come close to covering your real costs.
Be polite with the adjuster, but be careful. You do not have to give a recorded statement. You do not have to accept their first offer. You have the right to consult with a personal injury attorney in Los Angeles before making any decisions.
What Insurance Adjusters Are Really Doing
The adjuster might sound friendly and concerned. They may even rush to offer you money. That speed usually benefits the insurance company, not you.
Under California law, the insurer must acknowledge your claim within 15 days. They must then accept or deny your claim within 40 days after receiving all supporting documents.
During that window, the adjuster will review your medical records, the police report, and any statements you made. They are looking for reasons to reduce or deny your claim. Anything you say can and will be used to lower the payout.
Why You Should Not Accept the First Offer
The first settlement offer is almost always too low. Insurance companies know that accident victims are stressed, in pain, and worried about bills. A quick check can feel like relief.
But that early offer rarely accounts for the full picture. It may not cover future medical treatment, ongoing pain, lost earning ability, or the emotional toll of the accident. Once you accept a settlement, you cannot go back and ask for more money, ever.
If you've been offered a settlement after a car accident in California, talk to a lawyer before signing. Understanding how to negotiate a car accident settlement can mean the difference between a lowball check and fair compensation.
Car Accident Bodily Injury Settlements in California
A car accident bodily injury settlement is meant to compensate you for all the harm caused by the crash. In California, you may be able to recover money for:
-
Medical bills (past and future, including surgery, rehab, and medication)
-
Lost wages (time you missed from work, and future earning ability if your injury is long-term)
-
Pain and suffering (physical pain from your injuries)
-
Emotional distress (anxiety, depression, PTSD, and loss of enjoyment of life)
These are real losses. You should not feel guilty about seeking fair car accident compensation in California. The law exists to make you whole after someone else's mistake.
Bodily injury claims are more complex than property damage claims. The insurance company will try to minimize what they owe. Having a lawyer on your side helps level the playing field.
How to Negotiate a Car Accident Settlement
Most people have never negotiated with an insurance company. The adjuster does it every single day. That imbalance gives the insurer a big advantage.
An experienced auto accident lawyer in Los Angeles knows how to negotiate a car accident settlement using tools you may not have access to. These include detailed demand letters, organized medical evidence, expert testimony, and the real threat of taking the case to court.
When the insurance company knows you have a lawyer, they tend to take your claim more seriously. Without representation, adjusters often push for a quick, cheap settlement. With a lawyer, the conversation changes.
Average Car Accident Settlement in California
Every case is different, but averages can help set expectations. The typical car accident settlement in California ranges from $15,000 to $80,000, with a median around $23,000. Serious injury cases involving broken bones, spinal injuries, or traumatic brain injuries can reach $100,000 to several million dollars.
Several factors affect the value of your claim. These include the severity of your injuries, how long your recovery takes, whether you missed work, and the strength of the evidence showing the other driver was at fault.
Property-damage-only claims tend to settle for much less. If you have physical injuries, your claim is likely worth more than the insurance company's first offer suggests.
How Long Do You Have to File a Claim in California?
The California car accident statute of limitations sets strict deadlines for filing a lawsuit.
For personal injury claims, you have 2 years from the date of the accident. This deadline comes from California Code of Civil Procedure §335.1.
For property damage claims, you have 3 years from the date of the accident.
If you miss these deadlines, you lose your right to file a personal injury claim in California. The court will almost certainly throw out your case. There are very few exceptions to this rule.
Two years may sound like a long time, but it goes fast. Between medical treatment, insurance back-and-forth, and daily life, the deadline can sneak up on you. Contacting a lawyer early protects your right to take legal action if a fair settlement isn't offered.
Your Legal Options After a Car Accident in Los Angeles
After a car accident, you generally have two paths. The first is negotiating a settlement with the insurance company. The second is filing a personal injury lawsuit in civil court.
Most cases settle without going to court. An attorney can handle the full negotiation process for you, from gathering evidence and medical records to sending a demand letter and pushing back against lowball offers.
If the insurance company refuses to offer a fair amount, your lawyer can file a lawsuit on your behalf. Filing a claim in court sends a clear message that you're serious about getting fair compensation. Many cases still settle after a lawsuit is filed, often for significantly more than the pre-litigation offer.
When to Hire a Car Accident Attorney in Los Angeles
If you were hurt in a crash, talk to a car accident lawyer in Los Angeles before you accept any settlement. You should especially consider getting legal help if:
-
You have injuries that required medical treatment
-
You missed work because of the accident
-
The insurance company is pressuring you to settle quickly
-
The other driver was uninsured or underinsured
-
Fault is being disputed
A good personal injury attorney in Los Angeles will review your case, explain your options, and help you understand what your claim is actually worth. Most car accident attorneys work on contingency, which means you don't pay anything upfront. The attorney only gets paid if you win money.
You don't have to figure this out alone.
Contact Hakakian Law Group,PC
Dealing with an accident is hard enough without having to fight an insurance company on your own. If you or someone you care about was hurt in a car accident in Los Angeles, the team at Hakakian Law Group,PC is here to help.
Hakakian Law Group,PC offers a free consultation so you can get honest answers about your case. There's no pressure and no obligation. You'll speak with someone who listens and who treats every client like family.
You pay nothing upfront. Hakakian Law Group, PC works on a contingency fee, which means you don't owe a cent unless they recover money for you.
Call (310) 759-9663 or visit hakakianlaw.com to schedule your free consultation. Your questions deserve answers, and your case deserves real attention.
Disclaimer: This post is considered attorney advertising and is for informational purposes only. It does not create an attorney-client relationship. Past results do not guarantee future outcomes.
