Steps to a Car Accident Lawsuit in California

If you’ve been in a car accident in California, especially if it happened in a busy area like Los Angeles, you may feel overwhelmed by the process ahead. Whether the accident was due to someone else’s negligence or through no fault of your own, knowing the steps to take after an accident can help you understand your options and make informed decisions about your case. Below is a breakdown of the process you’ll likely face if you decide to pursue a car accident lawsuit in California.

1. Seek Medical Attention

The most important thing to do after a car accident is to take care of your health. Even if you feel fine right after the accident, see a doctor as soon as possible. Sometimes, injuries like whiplash, concussions, or internal injuries may not be noticeable right away but can become more serious over time.

Your medical records will also be essential later if you decide to file a lawsuit. These records help prove that you were injured and show the extent of your injuries, which will be important in determining the compensation you may be entitled to.

2. Call the Police and Get a Report

In many cases, it’s essential to call the police after a car accident. The officers will document the scene, talk to witnesses, and prepare an accident report. In Los Angeles, a traffic collision report can be a crucial piece of evidence if you decide to file a lawsuit.

Even if the accident seems minor, having a report will provide an official record of the incident. It may contain information like who was at fault, what traffic laws may have been violated, and the names and contact information of witnesses. Be sure to request a copy of the report for your records.

3. Gather Evidence at the Scene

If you are physically able to, gathering evidence at the scene of the accident is key to building a strong case. Use your phone to take photos of the damage to your vehicle, the other vehicles involved, and the surrounding area. If there are any visible injuries, photograph those as well.

You should also gather contact information from the other driver(s) and any witnesses who saw the accident. This evidence will be useful if there is a dispute about what happened or who is at fault for the accident.

4. Notify Your Insurance Company

After the accident, it’s important to notify your insurance company right away. Provide them with the details of the accident, the police report, and any photos or evidence you gathered. Failing to inform your insurer in a timely manner could affect your ability to receive coverage for the damages.

Keep in mind that while you are required to report the accident to your insurance company, you don’t have to give a detailed statement right away. Be cautious about the information you share at this point, as anything you say could later be used against you. Stick to the facts, and if you’re unsure of how to proceed, it may help to consult with a lawyer.

5. Determine Fault and Liability

Determining who was at fault for the accident is one of the most critical aspects of any car accident lawsuit. In California, comparative negligence means that fault can be shared between multiple parties, and any compensation you receive can be reduced by the percentage of fault you are assigned. For example, if you are found to be 20% at fault for the accident, your compensation could be reduced by that percentage.

To determine fault, insurance companies and possibly the courts will look at evidence such as police reports, witness statements, and physical evidence like photographs of the scene.

6. Filing a Claim

After determining who was at fault for the accident, you can file a claim with the other driver’s insurance company. This step involves notifying the at-fault driver’s insurer that you intend to seek compensation for your damages, which can include medical bills, lost wages, property damage, and pain and suffering.

It’s important to know that the insurance company is likely to offer you a settlement that may be less than what you deserve. They are motivated to settle for as little as possible, so you should be cautious about accepting the first offer they present. You have the right to negotiate or refuse a low settlement.

7. Negotiating a Settlement

Most car accident cases are resolved through negotiation rather than going to trial. During this stage, both you and the insurance company will try to come to an agreement on the amount of compensation you should receive.

Keep in mind that the insurance adjuster may try to pressure you into accepting a low offer, but you don’t have to settle for less than you deserve. You can continue to negotiate until you reach an amount that adequately covers your losses.

8. Filing a Lawsuit

If you cannot reach a settlement with the insurance company, your next option may be to file a lawsuit. In California, you typically have two years from the date of the accident to file a personal injury lawsuit. This is known as the statute of limitations. If you miss this deadline, you may lose your right to seek compensation.

Filing a lawsuit can be more complicated and may involve going to court. However, many cases are still settled before reaching trial. The possibility of going to court often motivates insurance companies to offer a better settlement.

9. Going to Trial

If your case does go to trial, both sides will present evidence to a judge or jury, who will then decide who was at fault and how much compensation should be awarded. Trials can take time and can be more expensive than settling out of court, but they may be necessary if the insurance company refuses to offer a fair settlement.

10. Collecting Your Compensation

If you win your case, either through a settlement or a court decision, you will be entitled to compensation. The payment may cover medical expenses, lost wages, property damage, and pain and suffering. In some cases, you may receive your compensation as a lump sum, while in other cases, it may be paid over time.

Contact The Los Angeles Car Accident Lawyer Samer Habbas

If you’ve been injured in a car accident in Los Angeles and are wondering about your legal options, you don’t have to handle this process alone. Law Offices of Samer Habbas & Associates, PC are here to help you understand your rights and the steps you can take to seek compensation for your injuries. For a consultation about your case, contact Law Offices of Samer Habbas & Associates, PC car accident lawyers by calling 949-727-9300 or contacting us online.