Hakakian Law Group | Dec 12 2024 06:03
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.
Los Angeles has some of the busiest roads in the country, and motor vehicle accidents happen here every day. If you were just in a car accident, you're probably dealing with pain, stress, and a lot of questions about what comes next. This guide breaks down the steps you should take, how California law affects your claim, and when it makes sense to talk to a car accident attorney in Los Angeles.
The decisions you make in the hours and days after a crash can shape your financial recovery for months or even years. Knowing what to do after a car accident in California puts you in a stronger position, whether you're filing an insurance claim or pursuing a personal injury claim after a car accident.
What to Do Immediately After a Car Accident in California
The first few minutes after a collision are chaotic. Try to stay as calm as you can and focus on these five steps.
Step 1: Check for Injuries and Call 911
Your safety and the safety of others comes first. If anyone is hurt, call 911 right away. Even if injuries seem minor, get checked out, because conditions like whiplash often don't show symptoms until hours or days later.
Step 2: Exchange Information
Get the following from every driver involved: full name, phone number, driver's license number, and insurance policy number. Write down the make, model, and license plate of each vehicle, too.
Step 3: Document the Scene
Use your phone to photograph vehicle damage, skid marks, road conditions, traffic signals, and any visible injuries. Take wide shots that capture the full intersection or road, along with close-ups of specific damage. These photos become some of the strongest evidence in a car accident insurance claim in Los Angeles.
Step 4: Gather Witness Information
If bystanders saw the accident, ask for their names and phone numbers. Witness statements can be very helpful when fault is disputed. People tend to leave quickly, so try to collect contact details before they go.
Step 5: Report the Accident
Notify your insurance company promptly, as most policies require it. Under California Vehicle Code § 16000, you must also file an SR-1 report with the California DMV within 10 days if the accident involved injuries, death, or property damage over $1,000. Missing that deadline can result in a license suspension.
How Car Accident Fault Works in California
California is a "fault" state. That means the driver who caused the accident (or their insurance company) is responsible for paying damages. Understanding car accident fault in California is important because it directly affects how much compensation you can receive.
Pure Comparative Negligence California: What It Means for Your Claim
California follows a rule called pure comparative negligence, established under California Civil Code § 1714. The short version: even if you were partly at fault, you can still recover money. Your compensation is simply reduced by your percentage of fault.
Say you suffered $100,000 in damages but were found 30% at fault. You would still recover $70,000. Unlike many other states that cut you off at 50% or 51% fault, California has no cutoff. Even a driver who is 99% at fault can recover 1% of their damages. Comparative negligence in California is one of the most victim-friendly rules in the country.
How Fault Is Determined After a Los Angeles Car Accident
Fault is determined using multiple sources of evidence. Police reports carry significant weight, especially if the officer cited one driver for a traffic violation. Witness statements, your scene photographs, traffic camera footage, and physical evidence like skid marks all play a role.
Insurance adjusters from both sides will conduct their own investigations. Keep in mind that the other driver's adjuster is trained to assign you as much fault as possible to reduce their company's payout.
Filing a Car Accident Insurance Claim in Los Angeles
After a motor vehicle accident in Los Angeles, you'll likely deal with two insurance companies: yours and the at-fault driver's. Your own policy may cover certain costs immediately (especially if you carry collision or medical payments coverage), while the at-fault driver's liability insurance is supposed to cover your damages.
As of 2025, California's minimum liability coverage requirements increased to $30,000 per person, $60,000 per accident, and $15,000 for property damage. Those are minimums, though, and many drivers carry only the bare minimum. If the at-fault driver is uninsured or underinsured, your own uninsured motorist coverage becomes critical.
What NOT to Say to an Insurance Adjuster
Insurance adjusters are professional negotiators. Their job is to pay you as little as possible. Here are five mistakes that can hurt your car accident insurance claim in Los Angeles:
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Don't admit fault. Saying "I'm sorry" or "I should have seen them" can be used against you later.
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Don't downplay injuries. Telling an adjuster "I'm fine" before you've had a full medical evaluation can torpedo your claim if symptoms appear later.
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Don't accept the first offer. Initial settlement offers are almost always lowball numbers designed to close the file quickly.
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Don't give a recorded statement without speaking to an attorney first. Anything you say can be taken out of context.
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Don't sign anything from the insurance company without having a lawyer review it. You could be signing away your right to future compensation.
Personal Injury Claims After a Car Accident
A personal injury claim after a car accident goes beyond what insurance initially offers. It accounts for the full range of losses you've experienced, including ones that are harder to put a dollar figure on.
Types of Car Accident Compensation in California
Car accident compensation in California can include several categories of damages:
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Medical expenses. Emergency room visits, surgery, physical therapy, prescription medications, and any future treatment you'll need.
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Lost wages. If you missed work because of your injuries, you can claim those lost wages. Lost wages from a car accident in California also include future earning capacity if your injuries prevent you from returning to your previous job.
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Pain and suffering. Physical pain, emotional distress, anxiety, PTSD, and reduced quality of life. These are harder to quantify but often represent a large portion of the total claim.
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Property damage. Repair or replacement costs for your vehicle and any personal belongings damaged in the crash.
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Punitive damages. In rare cases involving extreme recklessness (like a DUI crash), courts may award additional damages meant to punish the at-fault driver.
Car Accident Settlement Amounts in California
Every case is different, but general ranges based on 2025 data give you a starting point for expectations. Minor injuries such as whiplash and soft tissue strains typically settle between $10,000 and $25,000. Moderate injuries involving fractures or surgery tend to fall in the $30,000 to $85,000 range. Serious or catastrophic injuries, including traumatic brain injuries and spinal cord damage, can exceed $100,000 and reach well into the millions.
The average car accident settlement in California is approximately $29,700 for injured drivers. Your specific number depends on injury severity, total medical costs, lost income, how fault is divided, and the strength of your evidence. A car accident settlement in California is never a one-size-fits-all calculation.
When to File a Lawsuit After a Car Accident in California
Most car accident claims settle through the insurance process without ever going to court. But if the insurance company refuses to offer a fair amount, or if they deny your claim entirely, filing a lawsuit may be the right move.
California Statute of Limitations for Car Accident Claims
California law sets firm deadlines for filing a lawsuit. Under California Code of Civil Procedure § 335.1, you have two years from the date of the accident to file a personal injury lawsuit. For property damage claims, the deadline is three years.
If a government vehicle was involved in your accident, you face a much shorter window: just six months to file a government tort claim. Miss any of these deadlines and you lose the right to sue, no matter how strong your case is. Acting quickly also helps preserve evidence, since witnesses move, memories fade, and surveillance footage gets deleted.
What a Los Angeles Car Accident Attorney Does for Your Case
A car accident lawyer in Los Angeles handles the parts of the process that overwhelm most people. That includes gathering police reports and medical records, consulting accident reconstruction experts if needed, and calculating the full value of your damages.
An auto accident attorney in Los Angeles also manages all communication with insurance companies, which means you don't have to deal with adjusters trying to pressure you into a quick, low settlement. If the case goes to trial, your attorney presents the evidence and argues on your behalf.
Most car accident attorneys work on a contingency fee basis. You pay nothing upfront. The attorney only gets paid if they win your case or secure a settlement. If there's no recovery, there's no fee.
Frequently Asked Questions
How long do I have to file a car accident claim in California?
You have two years from the accident date to file a personal injury lawsuit and three years for property damage. If a government vehicle was involved, the deadline drops to six months. Regardless of these limits, starting the process early gives you the best chance of preserving strong evidence.
What if I was partially at fault for the accident?
You can still recover compensation. California's pure comparative negligence rule means your award is reduced by your fault percentage, but you aren't disqualified. If you were 40% at fault and your damages total $50,000, you'd receive $30,000.
How much is my car accident case worth in California?
The value of a car accident case depends on your medical bills, lost wages, pain and suffering, property damage, and how fault is split. Minor injury cases average between $10,000 and $25,000, while serious injuries can result in six- or seven-figure settlements. An experienced car accident attorney in Los Angeles can review your specific situation and give you a realistic estimate.
Contact a Los Angeles Car Accident Attorney
If you were hurt in a car accident in Los Angeles, the Hakakian Law Group, PC is here to help. Founded by Shawn S. Hakakian, Esq., the firm takes a family-oriented, personalized approach to every case. You get direct access to your attorney, aggressive representation in negotiations and court, and someone who genuinely cares about your outcome.
Consultations are free, and you pay nothing unless the firm recovers compensation for you. There is no financial risk in picking up the phone. If you need a car accident lawyer in Los Angeles who will fight for the full value of your claim while keeping you informed every step of the way, contact the Hakakian Law Group, PC today (310) 759 9663
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.
