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Motor vehicle accidents can be unpredictable and distressing events. One moment you may be enjoying a drive through Los Angeles, and the next, you could find yourself involved in a collision. The accident can cause more than just physical injuries and emotional distress. Beyond the immediate trauma, the aftereffects usually bring complex legal and financial challenges that can be difficult to handle.
In California, where traffic is dense and accidents are common, understanding the implications of a motor vehicle accident is critical. Familiarity with your rights and responsibilities can empower you to make informed decisions during this challenging time. At Hakakian Law Group, we specialize in personal injury law and are here to guide you through the complexities of the legal landscape.
Immediate Steps to Take After an Accident
The moments following an accident are critical. Here are the essential steps you should take:
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Ensure Safety: First and foremost, check for injuries among all parties involved. If there are injuries, call 911 immediately for medical assistance and to report the accident.
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Exchange Information: Collect the following details from all involved parties:
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Names
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Contact information
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Insurance policy numbers
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Driver's license numbers
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Document the Scene: Take comprehensive photographs of the accident scene, vehicle damages, and any visible injuries. This documentation can be invaluable for your insurance claim and any potential legal action.
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Gather Witness Information: If there are witnesses, collect their contact details. Their testimonies can strengthen your case.
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Notify Your Insurance Company: Under California Vehicle Code § 16000, you must report the accident to your insurance company promptly. Failure to do so can jeopardize your claim.
Legal Considerations in a Motor Vehicle Accident
Category |
Key points |
Examples |
Liability |
California is a "fault" state; the responsible party pays damages. |
If Driver A runs a red light and hits Driver B, Driver A is likely at fault and responsible for damages. |
“Comparative negligence” may reduce compensation if multiple parties share fault. |
If Driver B was speeding, both Driver A and Driver B might share fault, reducing Driver B's compensation. |
|
Liability |
Claims involve both the at-fault party's insurer and your own. |
Driver A's insurer may pay for damages, but Driver B's insurer may also cover partial damages. |
Avoid statements to adjusters that can impact your claim. |
Phrases to Avoid |
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"I think I was at fault" - Avoid admitting fault even if unsure. |
Saying, "I didn't see the car" can be interpreted as partial admission of fault. |
|
"I'm fine" - Downplaying injuries can affect future claims. |
Saying “I'm okay” after the accident, only to discover whiplash symptoms later. |
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“ I am accepting” - accepting the first settlement can affect your claim. |
Saying “I'm Accepting” can result in getting the low compensation than what you deserve. |
|
“I'm fine with recording” - Anything you say can be used against you later. |
Saying “ I'm fine with recording” can go against you. Consult Legal experts. |
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“ Signing any Document” - Don't sign anything without reviewing it. |
“Signing any document” can weaken your case in future. |
|
Personal Injury Claims |
Possible compensation covers medical costs, lost wages, and pain and suffering. |
A driver hospitalized with fractures can claim medical bills, therapy costs, and compensation for distress. “Lost wages, even for future missed work, are also covered in the claim.” |
Court Proceedings |
Filing a lawsuit is necessary if insurance settlements are unsatisfactory |
If insurance offers are insufficient, suing the at-fault driver for full compensation is the ideal option. |
Liability
Determining fault is crucial in California, as it operates under a "fault" system when it comes to car accidents. This means that the person responsible for the accident (or their insurance) is liable for paying damages. Determining fault can significantly impact the financial obligations and legal responsibilities of all parties involved.
When you're involved in an accident, the police or insurance companies will investigate to determine who is at fault. California follows a rule known as "comparative negligence." This means that more than one person can share fault for an accident. If you're found to be partially at fault, your compensation may be reduced proportionally.
Insurance Claims
Filing an insurance claim is a critical step following an accident. Both your insurance company and the at-fault driver's insurer will be involved in the claims process. Understanding your coverage and the other driver's policy can help in resolving disputes over fault and compensation. It's important to be cautious about what you say to insurance adjusters, as it can impact your claim.
What You Should Never Say to an Insurance Adjuster
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Don't admit fault: Even if you think you were partially to blame, avoid saying anything that could be taken as an admission of fault.
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Don't downplay your injuries: If you're hurt, say so. Failing to mention an injury could hurt your chances of receiving fair compensation.
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Don't accept the first settlement offer: Insurance companies often start with a lowball offer. Consult with a legal expert before agreeing to any settlement.
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Avoid giving recorded statements without legal advice: Anything you say can be used against you later.
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Don't sign anything without reviewing it: Once you sign a settlement offer, you might give up your right to pursue further compensation.
Personal Injury Claims
If you have sustained injuries, you may file a personal injury claim to seek compensation for:
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Medical Expenses: Coverage for treatment, rehabilitation, and future medical care.
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Lost Wages: Compensation for income lost due to your inability to work.
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Pain and Suffering: Damages for emotional distress and decreased quality of life.
Collaborating with a qualified auto accident attorney can significantly improve your chances of receiving fair compensation. Your attorney can guide you through the claims process and help document your injuries and losses.
Court Proceedings
If negotiations with insurance companies do not yield a satisfactory settlement, you may need to consider filing a lawsuit. Having an experienced personal injury attorney is vital in this process. They will prepare your case, gather necessary evidence, and represent you in court, ensuring your rights are vigorously protected.
Conclusion
Motor vehicle accidents can impose significant legal and financial challenges. Understanding your rights and seeking professional assistance is crucial during this difficult time. At Hakakian Law Group, we are committed to supporting you every step of the way. Whether you require guidance in dealing with insurance companies or need representation in court, our experienced team is prepared to help.
Contact us today for a consultation. We are dedicated to helping you navigate this challenging experience and ensure you receive the support and compensation you deserve.
Call now, and let us assist you in moving forward with confidence.
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