California Auto accident FAQ
Here, we provide general responses to some of the most common questions we receive from clients about auto accidents. To get more specific information about your auto accident in California, you can also contact FS Injury Attorneys to schedule a free case review. You can do so by filling out our online form or calling 833-377-5054.
The types of auto accidents are the same pretty much anywhere, and they include single car accidents or collisions between other vehicles, people, property, or animals.
- Single auto accident
- Multi-car accident
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Hit and run accidents
- Rideshare accidents
- Public transit accidents
- Wildlife-vehicle collisions
- Car accidents involving pets
- Car accidents involving children
One of the main things that accident victims have to worry about is being fairly compensated for their injuries. There are two main ways that this will generally happen, and each has its own pros and cons.
Settlement
In an auto accident, resolving a case in a settlement means accepting the amount of money that an insurance company offers. One of the main benefits of handling a case this way is that it will typically end a case much quicker than going through the court system. In addition, a client and their attorney have a good deal of power during this process–they can negotiate until they get the amount they want and reject any settlement that isn't acceptable.
Going to Court
If a victim doesn't receive a fair settlement offer, they may need to file a lawsuit to get their compensation. Lawsuits may result in a higher payout, but they typically take much longer, and there is no guarantee that a court will side with you.
If the other driver was driving under the influence or failing to obey the rules of the road, they could potentially be held liable. Additionally, a car manufacturer could be held liable if their car malfunctioned, and in some cases, a government entity could even be held liable if the conditions on the road are what causes a crash.
Further, it is always important to have an attorney with you when you speak to your own insurance company. You want to give only the facts. Your own insurer has its own company as its priority, too, and so it also wants to prevent a payout. This is especially true when you need to file a first-party claim with your own insurance.
First and foremost, you should contact emergency services and seek medical attention. But you also want to:
- Exchange information with the other parties to the accident, which includes names, insurance, driver's license, phone numbers.
- Gather evidence, like pictures and video of the scene, the surrounding location, the vehicles, property damage, injuries (if any).
- Get the names and contact information of any eyewitnesses as well as a brief recorded statement, if you are able to do so because their recollection will be best on the scene and preservation of it will be best if recorded either in writing or by video.
- Consult with an attorney so that you can obtain a good understanding of whether you have a compensable case and how to go about pursuing what you are legally owed.
In juxtaposition to what you should do if in a car collision, here is what you should not do.
- You should never leave the scene of an accident. If you leave a scene, especially when someone is injured, it is a hit and run, a criminal offense. You must stay with your vehicle and contact emergency personnel if someone is injured.
- You should not leave your vehicle where it can pose a risk to others. If you can, move the vehicle to a safe location. If you cannot move it on your own, contact someone who can.
- You should not ignore calling 911. Even when no one is injured, you should still contact 911. The police will investigate and write a report that can later be used to help identify liability.
- Do not forget to exchange information. Try not to let fear or anxiety get the best of you. You really need to obtain contact and insurance information from the other party involved in the collision. Insurance will be critical to recovery of compensation.
- Do not underestimate your injuries. Some injuries are delayed (like whiplash) while other injuries may not seem serious (like bruising as there may be internal bleeding). You should get checked out by a doctor.
- Do not admit fault. Even if you think or know you are at fault, do not admit it. The other party may have contributed in some way, too. In comparative negligence states, you can still recover in most situations if both parties contributed to the accident.
- Do not contact or give a statement or documents to the other party's insurance company. You must speak to your own insurance company, but you are not obligated to do the same with any other insurance company. To do so could jeopardize your case. Either your attorney or your own insurance company can communicate with the other party's auto insurer.
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If you or a loved one have been injured in an accident and are considering whether to pursue a claim, you should contact FS Injury Attorneys to schedule a free case review. Call 833-377-5054 or fill out our contact form to get started on your road to recovery.
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1
Free Case Review.
Our team of attorneys are available 24/7 to answer any questions regarding your accident or personal injury at no cost to you.
2
Medical Treatment.
Our team can facilitate all your diagnostic and medical needs. No health insurance required. While you’re on the road to recovery, we handle the rest.
3
Win & Collect.
Our goal is to get every penny you deserve from the insurance company. Once we win, we pay your medical bills and you collect your compensation.