Car Accident FAQ: Your Questions Answered
Get clear, straightforward answers to the most common questions about car accidents, insurance claims, settlements, and your legal rights.
📞 Have More Questions? (818) 482-2260Immediately After the Accident
What should I do right after a car accident?
First, check for injuries and call 911 if anyone is hurt. Move to safety if possible, exchange information with the other driver, document the scene with photos, and report the accident to police. Seek medical attention within 24-72 hours even if you feel fine.
Should I call the police for a minor accident?
Yes, always call the police. A police report creates official documentation of the accident, which is crucial for insurance claims and any potential legal action. Without a report, it becomes a "he said, she said" situation.
What if the other driver wants to settle without involving insurance?
Never agree to this. The other driver may not pay as promised, and you won't have documentation. Hidden injuries may appear later. Always file a police report and go through proper insurance channels.
Should I admit fault at the scene?
Absolutely not. Never admit fault, even if you think you may be partially responsible. Saying "I'm sorry" can be used against you. Let the police and insurance companies determine fault based on evidence.
Injuries & Medical Treatment
How soon should I see a doctor after an accident?
See a doctor within 24-72 hours, even if you feel fine. Many injuries like whiplash, concussions, and internal bleeding have delayed symptoms. Early medical documentation also strengthens your claim.
What if I didn't feel injured at the scene but hurt later?
This is common due to adrenaline masking pain. See a doctor as soon as symptoms appear and explain they're from the accident. Delayed injuries can still be compensated, but timing matters for your claim.
Who pays for my medical bills after an accident?
Initially, your health insurance or MedPay coverage handles bills. The at-fault driver's insurance should ultimately reimburse these costs as part of your settlement. Keep all receipts and records.
Can I choose my own doctor?
Yes, you have the right to choose your own healthcare providers. Don't let insurance companies pressure you into seeing their preferred doctors, who may minimize your injuries.
Insurance Claims
Should I file a claim with my insurance or the other driver's?
Report to your insurance immediately. You can also file a third-party claim with the at-fault driver's insurance. Your own insurance can help if the other driver is uninsured or underinsured.
What if the other driver doesn't have insurance?
Your uninsured/underinsured motorist (UM/UIM) coverage kicks in. This is why UM/UIM coverage is so important. You may also be able to sue the other driver personally, though collecting may be difficult.
Will my rates go up if I file a claim?
If you weren't at fault, your rates generally shouldn't increase for filing a third-party claim. If you file with your own insurance (first-party claim), it may affect your rates depending on your policy and state laws.
Should I give a recorded statement to the insurance company?
To your own insurance, you may be required to cooperate per your policy. To the other driver's insurance, you are NOT required to give a recorded statement and generally shouldn't without legal advice.
Settlements & Compensation
How much is my car accident case worth?
It depends on your injuries, medical bills, lost wages, pain and suffering, and property damage. Minor injuries may settle for $10,000-$25,000, while serious injuries can be worth $100,000-$1,000,000+.
What compensation can I receive?
You can recover economic damages (medical bills, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life). In rare cases, punitive damages apply.
Should I accept the first settlement offer?
Almost never. First offers are typically lowball offers designed to settle quickly and cheaply. Insurance companies know many people need money fast. Always consult an attorney before accepting.
How long does it take to get a settlement?
Simple cases may settle in 2-4 months. Complex cases with serious injuries can take 1-2 years or more. It's important to reach "maximum medical improvement" before settling to know your full damages.
Hiring a Lawyer
Do I need a lawyer for a car accident?
For minor accidents with no injuries, you may handle it yourself. However, for any injuries, disputed liability, serious damages, or difficult insurance companies, an attorney typically gets you significantly more compensation.
How much does a car accident lawyer cost?
Most work on contingency, meaning no upfront costs. They typically receive 33-40% of your settlement. If they don't win, you don't pay. Studies show victims with lawyers receive 3x higher settlements even after fees.
When should I contact a lawyer?
As soon as possible after the accident, ideally before speaking with insurance adjusters. Early involvement helps preserve evidence, avoid mistakes, and prevents you from accidentally harming your claim.
What if I can't afford a lawyer?
You can afford one! Personal injury lawyers work on contingency with no upfront costs. The consultation is free, and you only pay if you win. There's no financial risk to getting professional help.
Legal Process
How long do I have to file a lawsuit in California?
In California, you have 2 years from the accident date to file a personal injury lawsuit, and 3 years for property damage. Claims against government entities have a 6-month deadline. Don't wait.
Will I have to go to court?
Probably not. Over 95% of car accident cases settle out of court through negotiation. Your lawyer handles all negotiations. If a fair settlement can't be reached, going to trial is an option.
What happens during a lawsuit?
The process includes filing, discovery (exchanging evidence), depositions (recorded questioning), possible mediation, and potentially trial. Most cases settle during discovery or mediation.
What if I was partially at fault?
California follows "pure comparative negligence." You can recover damages even if you were partially at fault, minus your percentage of fault. For example, if you were 20% at fault, you receive 80% of damages.
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