How To File A Car Insurance Claim In California
Being involved in a car accident may be terrifying and distressing, especially if you suffer injuries. When a loved one is hurt in a car accident, comforting your family and helping the injured person may come before dealing with the insurance company. Recovering money from the insurance provider may seem burdensome at this point and not something you should be worrying about.
It’s vital to understand what to anticipate throughout the insurance claim process and why it’s advisable to contact a qualified car accident lawyer as soon as possible. The procedure can first appear complex. Our experienced and compassionate California attorneys at Gonzalez & Jones, APC law firm are here to support you so you may maximize your personal injury insurance claim. Schedule your free case review today!
California Automobile Accidents
In 2021, the state of California reported around 4,161 motor-vehicle deaths, a slight increase from the earlier year. Death from motor vehicles remains a relevant problem across the United States. Even though this number may appear startling, it is important to remember that a large portion of these deaths is the result of a crash type known as distracted driving.
Over the previous several years, the number of fatalities has been rising gradually, and 2015 saw a shockingly high number of fatalities involving motor vehicle incidents. By making drivers less attentive while operating their cars, distracted driving can result in automobile accidents.
This indicates that using a mobile phone while driving increases your risk of being in an accident. Other forms of motor incidents, such as those involving pedestrians or bicycles, are also exacerbated by distracted driving. If you are worried about how the increase in traffic accidents may affect your family or friends, make sure they are aware of what to do in the event of an accident.
There are several common causes of traffic collisions, albeit the specific sequence of events that result in each incident may differ. Driver error, failing to cede the right-of-way, following too closely, inappropriate lane changes or overtaking, driving too fast, and running red lights or stop signs are a few prominent reasons.
Car Insurance in California
You can never know what issues you could encounter when driving. Bad weather might make driving on roadways potentially risky because you can’t control the other drivers around you. If you are involved in an accident while driving, your auto insurance is there to protect you. This covers harm is done to others, your car, and you. Even though having vehicle insurance is a good idea, the law mandates that you have a specific amount of protection. Here are a few of the laws in California that govern buying car insurance.
Required Auto Insurance
To be able to drive on roads, every state mandates that you carry a minimum amount of vehicle insurance. Regardless matter where your automobile is registered or where you got your driver’s license, you must complete this level. Every motorist in California is required to carry both property damage and bodily injury liability. The bare minimum of insurance is this. If you cause an accident that injures or kills a passenger in another vehicle, bodily injury liability insurance covers you. Drivers must carry insurance with a minimum of $15,000 per person and a maximum of $30,000 per accident. Drivers must also have property damage liability insurance, which safeguards you if you are found to be at fault for an accident that results in damage to someone else’s property. $5,000 in insurance coverage is necessary for this kind of protection.
Evidence of Car Accidents
In the state of California, all drivers are required to carry proof of insurance. This demonstrates that you have the required liability insurance. Your insurance identification card, which includes the covered vehicle, the policyholder’s name, the policy number, and the beginning and ending dates of the coverage term, serves as your proof of insurance. These were once physical cards, but many insurance providers now provide digital alternatives. The police will want your proof of insurance if they stop you. If you are unable to present evidence of insurance, your license or vehicle registration may be suspended, and your car may be confiscated. If you are found guilty of this infraction for the first time, the fines vary from $100 to $200. Any more crimes within three years after the initial one might result in a penalty ranging from $200 to $500.
Essential Elements of an Auto Insurance Policy
Comprehensive and Collision Coverage
Collision and comprehensive coverage are usually coupled in California insurance contracts. You are protected by collision coverage, which pays for any harm to your car that results from colliding with another car or something like a fence. The more flexible comprehensive coverage protects your car against theft, vandalism, and flying objects. If your automobile is damaged as a result of a tornado, storm, or other natural catastrophes, comprehensive coverage will take care of it. Your requirement for coverage may vary depending on the type of car you drive.
Also bear in mind that if your car has a costly GPS or entertainment system, you will need to get additional coverage. The only way to guarantee that things are entirely protected in the event of an accident is to do this.
Health Insurance Coverage
Medical payments are similar to liability coverage in that they reimburse your medical bills if you are hurt in an accident. They are also covered if you have passengers in the car who are hurt. Whether you caused the accident or not, you can utilize medical payment coverage to safeguard yourself.
What if I caused the accident?
Regardless of who was at fault, anyone involved in vehicle accidents in California should typically contact their first-party insurance. Some insurance plans, including California collision insurance and medical payment insurance, pay regardless of who is at fault.
Furthermore, it’s possible that the accident was caused entirely or in part by the opposing party. Due to California’s “comparative negligence / shared fault” rule, victims can still get compensation even if they contributed to the tragedy in some way. For instance, if a court determines that you were 20% at blame and you suffered $100,000 in damages, you would only be entitled to $80,000 in compensation. Our attorneys act as your defenders to defend you against baseless allegations of culpability so you may pursue the maximum amount of compensation you are due.
Finally, even if you caused the collision, the other party will probably still file a claim with your insurance. Notifying your insurance as soon as possible provides you the chance to first share your version of events.
Notifying California DMV
Following California law, drivers must report to the DMV within ten days of an incident if:
- Anybody was killed, hurt (however slight the harm), or
- More than $1,000 in property damage resulted from the collision.
Remember that filing a claim for damages is separate from reporting the collision to the DMV or your insurance company.
You may need to initiate a lawsuit to secure your right to seek damages if the accountable insurance company or party does not pay up.
Coverage for Uninsured and Underinsured Drivers
If you are involved in an accident with someone who is either uninsured or underinsured, this form of coverage will protect you. Both physical injuries and property damage are handled. Your policy must cover this coverage. You can, however, opt to deny the coverage by signing a waiver that states as much.
What Happens If I Have No Insurance?
You can still submit a claim to the other party’s insurance company even if you are the innocent party in this circumstance. However, you should be aware that the insurance of the opposing party is not compelled to represent you or handle your claim.
Because of this, you ought to consult a skilled California accident attorney before claiming the insurance of the at-fault party.
California Statute of Limitation
A car accident personal injury lawsuit in California has a two-year statute of limitations. Note that this refers to the amount of time you have to file a lawsuit against the at-fault party or his or her insurance, not the amount of time you have to notify the California DMV and your insurer of the accident.
The majority of insurance providers demand that you tell them as soon as possible following an accident if you have a claim. If you wait too long, you may lose the right to sue for damages. The average vehicle accident settlement time frame is one to three years after the event of injury.
Personal Umbrellas
A policyholder can buy a personal umbrella policy if they need additional auto insurance than their insurer’s maximum coverage allows. Any excess coverage for any insurance policies the policyholder has with the same business is covered by an umbrella policy.
A driver could, for instance, possess many vehicles in addition to having a homeowner’s or renter’s insurance coverage. The umbrella provides “overage” coverage if the combined maximum of all these policies is reached. The umbrella policy will cover any further damages up to the policy limits if a claim under any maxed-out policy surpasses the policy limits.
Important Things to Think About Following a California Auto Accident
A car accident attorney must be contacted right away if you are hurt in a car accident and think that someone else was to blame for the incident. The earlier you can hire a lawyer who is familiar with the intricacies of vehicle accidents, the greater your prospects are of recovering the maximum compensation from the at-fault party.
Additionally, consulting our personal injury lawyer will assist in guaranteeing that your rights to seek redress are preserved if you know that the occurrence involved alcohol or drugs. For instance, if there is proof that someone was operating a car while under the influence and caused harm to another person as a result of this impairment, this may be the basis for legal action.
When obtaining legal advice after a car accident, it’s important to speak with a lawyer and make sure they have expertise in managing situations similar to yours. Personal injury attorneys that frequently handle car accident cases are better equipped to represent their clients in court because they are familiar with the complexities of such matters.
To File My Insurance Claim, Do I Need an Attorney?
Actually, no. With a professional car accident attorney on your side, though, your chances of receiving a greater compensation increase. The bulk of insurance adjusters work with claims every day and are skilled at scaring you away or convincing you to accept less than you are entitled to. A knowledgeable attorney can guide you through a challenging case and ensure you receive all the compensation you are due.
Contact our California Car Accident Attorney
Our California car accident attorneys at Gonzalez & Jones, APC handle wrongful death and personal injury lawsuits for California residents. Since our founding, we have established a track record of success, obtaining verdicts and settlements totaling millions of dollars for our clients. To satisfy the demands of our clients, we have and always will work to get the best result in each situation.
The concerns of individuals like you have been the entire focus of our car accident attorneys. Our personal injury attorneys at our law firm are consistently chosen for inclusion in California, making them some of the state’s best lawyers.
On our team, in addition to personal injury and wrongful death lawyers, are California workers’ compensation attorneys as well. We are therefore particularly qualified to respond to the requirements of those injured in car crashes while at work.