Legal Requirements After a Car Accident

Being in a car accident can turn your life upside down in seconds. The shock and pain can make it hard to think clearly about what to do next. Yet, the steps you take right after a car crash can greatly affect your ability to get fair compensation.

At Vaziri Law, we work with car accident victims every day and understand the challenges you face. This guide breaks down the legal steps you need to take after an auto accident.

Immediate Actions After a Car Accident

The first moments after a car crash are critical. Your safety comes first, but taking the right steps also protects your legal rights.

• Start by staying calm and checking for injuries. If someone needs medical help, call 911 immediately. Even if injuries seem minor, it's better to have emergency services check everyone at the accident scene.

• If possible and safe, move your vehicle to the side of the road and turn on your hazard lights. This prevents another crash and keeps you safe from traffic. If it's not safe to move your car, get yourself to a safe location nearby.

• Exchange insurance information with the other driver. Get their name, contact details, driver's license numbers, license plate number, and car insurance details. Do not discuss fault or make statements that could be used against you later.

Documenting the Accident Scene

Good documentation can make or break your car accident claim. Think of yourself as a detective gathering evidence.

• Take plenty of photos with your phone. Capture the damage to all vehicles, the accident location, road conditions, traffic signs, and any visible injuries. These photos can help establish what happened and determine the fault.

• Look around for witnesses. If someone saw the accident happen, ask for their contact information. Witness statements often carry weight with insurance companies and in court if the other parties dispute your version of events.

• Write down or record what happened while it's fresh in your mind. Include details like weather conditions, time of day, and how the accident occurred. This helps when you file your accident report and insurance claim.

Filing an Accident Report

In California, if you're involved in a traffic accident where injuries occur or property damage exceeds $1,000, you have legal obligations to submit a report of the accident to the DMV within 10 days. This is done using the SR-1 form. It's a key step in the claims process for your car insurance claim.

If police authorities arrived at the scene, they likely created a police report. This report includes critical details like the accident location, parties involved, and the officer's observations. Make sure to get a copy of this report. It's essential for your records, insurance claim, and any legal steps you might take later.

To obtain a copy of the CHP collision report, visit your local CHP office or request it online. It usually takes 7 to 10 business days to become available. Having this report can help you file a claim and work toward a fair settlement.

When filling out your accident report, be clear and factual. Provide information about every driver, details of the vehicles, your insurance company, and a short summary of the incident. Avoid giving a written or recorded statement that could be used against you later. This report becomes an official record, so accuracy matters.

Notifying Your Insurance Company

Contact your car insurance company as soon as possible after the accident. Most insurance policies require prompt reporting, and waiting too long could affect your claim.

When you call your insurance provider, have your policy number ready, along with basic information about the accident. Be honest, but stick to the facts. Don't speculate about fault or make statements that could hurt your case.

Share the evidence you gathered, including photos, the police report, and contact information for the other driver and witnesses. Ask for a copy of the initial claim report and review it carefully to make sure all information is correct.

Your insurance company will assign an adjuster to handle your case. They will review the accident details, evaluate the damages, and decide the payout amount. Keep in mind that adjusters represent the insurance company, not your personal interests.

Gathering Supporting Documents

Building a strong car accident claim requires solid documentation. Start collecting these important items right away:

• The police report is an official record detailing the incident. Get a copy as soon as you can.

• Hold onto all medical documentation tied to your injuries, such as ER visits, doctor consultations, and treatment schedules. These records establish a clear connection between your injuries and the car accident.

• Keep all invoices and receipts connected to the incident, including medical bills, auto repair costs, towing charges, and rental car expenses. These documents prove your financial losses.

• If you missed work because of your injuries, get documentation from your employer showing your lost wages.

• Keep a journal documenting your recovery. Write down your pain levels and how the injuries affect your daily life.

Medical Release Forms

When you make an insurance claim for injuries, the insurance company will ask for your signature on medical release forms. These forms give them permission to access your medical records.

Be careful about signing blanket medical releases. These might give the insurance company access to your entire medical history. The insurance company might use past medical issues to argue that your current injuries existed before the accident.

We suggest signing limited medical releases that only allow access to records related to your accident injuries. This protects your privacy while still providing the necessary information for your claim.

Power of Attorney

A Power of Attorney (POA) gives someone else the authority to act on your behalf. After a serious car accident, you might want to assign a POA to a trusted person or your attorney.

With a POA, your representative can handle insurance claims and make decisions about your case while you focus on recovery. This is especially helpful if your injuries make it difficult for you to manage these tasks yourself.

A limited POA gives someone authority only for specific matters, while a general POA grants broader powers. Having a POA doesn't mean giving up control. You can still make decisions about your case, but you'll have help with the paperwork and negotiations.

Proof of Loss Form

Your insurer will probably require you to fill out a proof of loss form. This document states what was damaged or lost in the accident and how much compensation you're claiming.

When filling out this form, be detailed and accurate. List all damaged property, injuries, and related expenses. Attach supporting documents such as repair estimates, medical bills, and photos of the damage.

Submit this form within the timeframe specified by your insurance company. Delays could result in a denied claim. Remember that the proof of loss form is a legal document, so don't exaggerate your losses.

Witness Statements

Witness statements can make a huge difference in your car accident claim, especially if there's a dispute about who was at fault. Neutral third-party witnesses often carry more weight than statements from the parties involved.

Try to collect contact information from witnesses at the accident scene. If possible, ask if they would write down or record what they saw while it's fresh in their memory.

Good witness statements include details about what happened before, during, and after the crash. They should document the locations and movements of every vehicle, the state of the road, and any irregular driving patterns.

Vehicle Repair Estimates

After a car accident, you'll need to get your damaged vehicle repaired. Start by getting detailed repair estimates from reputable auto repair shops.

A good repair estimate breaks down all needed repairs, parts, labor costs, and the expected time to complete the work. Make sure it includes all damage, even if it seems minor.

Keep in mind that you might have additional costs beyond fixing your car. These could include towing from the accident scene, storage fees if your car cannot be driven, and rental car expenses while it is being repaired.

Preparing a Demand Letter

Once you've gathered all your documentation, you might need to prepare a demand letter. This letter formally requests compensation from the at-fault driver's insurance company.

Your demand letter should start with a clear description of the accident, including when and where it happened and how the other driver caused it. Reference the police report and any witness statements that support your version of events.

Next, detail all your damages. This covers your medical bills, income you couldn't earn due to the accident, damage to your property, emotional distress, and any other expenses tied to the incident.

End your letter with a specific demand amount that would settle your claim. Include copies of relevant documents, such as medical invoices, repair quotes, and the official police report.

Negotiating a Settlement Agreement

Once you submit your demand letter, the insurance company will reply with a proposed settlement offer. Usually, this first offer is lower than what you asked for.

Respond to the offer in writing. If it's too low, explain why and provide additional information to support your position. Be prepared for some back-and-forth. Throughout this process, keep detailed notes of all communications.

Once you reach an agreeable amount, get the settlement agreement in writing. This document should clearly state the payment amount, when and how you'll receive it, and what claims you're settling.

Signing a Release of Liability

Before you receive your settlement, the insurance company will require you to sign a liability release form. This document states that you won't seek additional compensation for the same accident in the future.

Read the release carefully before signing. Make sure it only covers claims related to the current accident. Once you sign this release, your case is typically closed for good.

If you're not satisfied with the settlement offer, don't sign the release. You have the right to refuse and continue negotiations or pursue legal action.

Time Limits for Filing Claims

In California, the law sets specific time limits for submitting car accident claims. You must file a personal injury lawsuit within two years from the date of the accident.

Insurance companies have their deadlines, too. Most require you to notify them of an accident within a few days and to file a formal claim within a specific timeframe.

Missing these deadlines can have serious consequences. If you attempt to file a lawsuit beyond the statute of limitations, your case will likely be dismissed.

Handling Disputes with Insurance Companies

Sometimes, insurance companies offer settlements that don't fully cover your damages. They might question the severity of your injuries, argue that they existed before the accident, or dispute who was at fault.

If presented with an unreasonably low offer, craft a comprehensive response outlining why it falls short of your expectations. Reference your medical records, repair estimates, and other documentation that supports your claim.

If the adjuster refuses to negotiate, ask to speak with their supervisor. For disputes about vehicle damage, you might request an independent appraisal. Maintain thorough logs of every interaction with the insurance company, noting the names of individuals involved, the dates of conversations, and the key points discussed.

Dealing with Uninsured or Underinsured Drivers

If you're hit by a driver with no insurance or not enough insurance to cover your damages, you have several options.

First, check your car insurance policy. If you have uninsured/underinsured motorist coverage, it can help pay for your damages when the at-fault driver is unable to do so.

Your policy might also include collision coverage, which pays for vehicle repairs regardless of who was at fault. Medical payment coverage can help with medical bills.

If your insurance coverage falls short, you may have to pursue a civil lawsuit directly against the driver at fault. Another option is to check if other parties might share responsibility for the accident.

Protecting Your Rights as a Victim

As a car accident victim, you have important legal rights. Protecting these rights starts with being careful about what you say and do after the accident.

Consider declining swift settlement proposals from insurance companies. These early offers are usually much lower than your claim's worth, especially if you're still receiving treatment.

Be wary of insurance bad faith practices. These include unreasonable delays in processing your claim, denying a valid claim without explanation, or making unreasonably low settlement offers.

Don't give recorded statements to the other driver's insurance company without legal advice. These statements can be used against you later.

Common Mistakes to Avoid After an Accident

Even small mistakes after a car accident can hurt your claim. Here are some common ones to avoid:

• Waiting too long to seek medical attention is a big mistake. Even if you feel okay, some injuries take days to show symptoms.

• Not calling the police is another error. Without a police report, it becomes your word against the other drivers.

• Sharing details of your accident on social media might have unintended consequences. Insurance companies often check these accounts and might use your posts to argue that your injuries aren't as serious as you claim.

• Accepting the first settlement offer is usually unwise. These initial offers are almost always lower than what your claim is worth.

Importance of Legal Representation

While you can handle minor accident claims yourself, there are many situations where having a car accident attorney is valuable.

Serious injury cases almost always benefit from legal representation. When medical bills are high, and injuries might affect your long-term health or ability to work, an attorney can assist in securing just compensation.

Cases with disputed liability also need legal expertise. If the other driver or their insurance company claims you were partly at fault, an attorney can help establish the true cause of the accident.

An attorney can accurately value your claim. Many car accident victims don't know how to calculate damages like pain and suffering or the long-term impact of their injuries. Most car accident attorneys work on a contingency fee basis, meaning they only get paid if you receive compensation.

Contact a Los Angeles Car Accident Lawyer for a Free Case Consultation

If you've been hurt in a car accident, we're here to help. At Vaziri Law, we fight for the rights of accident victims throughout California. Our team understands the physical, emotional, and financial toll that car accidents take. We work hard to get you the compensation you deserve while you focus on healing.

Call us today for a free consultation about your case. We'll review your situation, explain your legal options, and answer all your questions without any obligation. You don't pay unless we win your case. Don't face the insurance companies alone. Let our experienced car accident attorneys stand up for your rights and help you get back on the road to recovery.