Maison Law Accident & Injury Lawyers of Modesto represent car accident victims in Modesto. If you’re involved in a car accident when it’s not your fault. The at-fault driver’s insurance is responsible for the damages you’ve sustained from the accident.
However, insurance companies do not always provide full coverage for injuries, lost wages, and damaged property. To get the maximum compensation for your damages, contact the Modesto Car Accident Lawyers today for a no-cost, no-obligation consultation.
What Damages Can You Claim from a Car Accident in California?
Depending on the severity of your accident, there are several damages available to car accident victims. Car accidents can be expensive for victims and their families. These damages include:
- Present and future medical expenses
- Loss of income, as well as a reduction in earning capacity
- Cost of living with an injury, such as making a home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to property during the accident
- Pain and suffering caused by injuries and loss of enjoyment of life
- Stress and anxiety due to the nature of the accident
According to the Insurance Information Institute, car accidents have an average of around $16 billion in damages each year. For victims to be able to pursue compensation for their accident, it is recommended to partner with a skilled Car Accident Lawyer who can maximize their compensation.
How Does Fault Work in a Car Accident Injury Claim?
In most states, the at-fault party’s insurance is responsible for damages. In California, however, the fault is determined by a “comparative negligence” system. Comparative negligence allows an injured party who shares fault for their injuries to receive compensation, a legal action covered by the Comparative Negligence Law, which states:
“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
So, being found partially at fault for a car accident doesn’t mean you can’t be compensated for your injuries. When it comes to your insurance rates, if you are found to be less than 51% responsible for the accident, you will generally not be considered to be “principally” at fault, so your interest rates will not go up.
How to Handle a Car Accident with an Uninsured Driver
If you find yourself involved in an accident with an uninsured/underinsured driver, you should still follow the same steps as in any other car accident whether the driver is fully insured or not. It is recommended to contact the police and have them file a report. The report will contain important details that will serve as evidence against the at-fault driver. Be wary of other drivers trying to avoid contacting the police. An uninsured driver may try to keep law enforcement from getting involved out of fear of the consequences of being uninsured.
Next, take pictures of the scene, your vehicle, the license plates of all vehicles involved, and your injuries. Documenting these things at the scene of the accident will help you build a strong case. This evidence will also help you in case the other driver tries to deny fault, or your insurance tries to deny your claim for any reason. And be sure to exchange contact information with the other driver. Your insurance company will need to contact the at-fault driver, especially if they’re uninsured.
Lastly, after the accident, seek medical attention immediately. Even if you don’t feel injured, seeing a doctor after an accident will only help your claim, whereas not seeking medical treatment can hurt your case in a number of ways.
Consequences of Driving Uninsured in California
If you’re wondering if you can drive without car insurance in California, the answer is a resounding “no.” Driving uninsured in California allows drivers to be susceptible to fines, license suspension, and vehicle impoundment. Being caught without insurance, especially after an accident, can have severe consequences as it is a violation of California Law. The following are penalties drivers can face if they do not meet the liability auto insurance coverage requirements:
- $200-$500 fine if you are convicted of driving without insurance, depending on the details of the violation
- Impoundment: the court may rule to impound your vehicle, even if it is your first offense
- Towing and storage fees: if your vehicle is impounded, you can be held responsible for all towing and storing fees
- License suspension: getting into an accident while uninsured can result in a license suspension
When Insurance Does NOT Cover Damage Caused By Other Drivers
While it is common for car insurance to cover damage done to the vehicle, there are specific scenarios where they may deny an accident claim. For example:
- Non-Permissive Use: if a person uses someone else’s car without permission and they get into an accident, the car owner’s insurance may not cover damages, depending on their insurance policy.
- Commercial Activities: if a vehicle is used for commercial purposes, such as ridesharing, maintenance, or deliveries, a personal car insurance policy may not provide coverage. The driver would need to elicit a commercial auto policy or rideshare insurance.
- Rental Cars: when a car is rented, then the rental company’s insurance will typically provide them with coverage. However, the driver can opt for additional insurance for rental cars through their own insurance policy.
Do I Need a Lawyer After Filing an Accident Claim with My Insurance?
If you’ve suffered serious injuries from a car accident, it is advisable to speak to an attorney about your legal options. While insurance companies are there to compensate you after a car accident, they are not looking out for you. The unfortunate truth is that the job of an insurance adjuster is to give you the lowest amount possible for your damages. In some situations, they will outright deny your claim. At Maison Law Accident & Injury Lawyers of Modesto, we will manage your claim by:
- Identifying All Liable Parties: Car accidents in California typically involve multiple cars due to the amount of traffic across our major highways. An accident attorney will collect all responsible parties and include them in your lawsuit, maximizing your chance at full, financial recovery.
- Following Proper Legal Procedures: An experienced accident attorney understands the complexities of suing multiple liable parties and the specific legal rules that must be followed. Having your lawsuit properly filed and the details of your situation perfectly outlined for the insurance adjuster is crucial for a successful outcome.
- Preparing For Litigation: An attorney will expedite the litigation process if no acceptable offer is made. They will prepare you for trial, handle all legal proceedings, and represent you in court.
- Helping You Focus On Recovery: Without an attorney, managing your case while recovering from injuries could be overwhelming. And that is precisely what the insurance companies are counting on. Hiring a well-practiced attorney will allow you to recover, while they deal with the legal side of your case for you. Not only will this give you a better chance at compensation, but it will alleviate your stress and give you peace of mind while dealing with a very traumatic time in your life.
FAQs
Q: How long does it take to settle a car accident claim in California?
A: Car accident claims typically take 6 months to a year to settle. However, the more complicated the case the longer it usually takes.
Q: How long do I have to file a claim after a car accident?
A: California’s statute of limitations for all personal injury claims is two years from the date the accident occurred. However, if your accident involves a government entity, you will only have 6 months to file a claim against them.
Q: How much injury compensation will I get?
A: This all depends on the severity of your injury, as well as how long your quality of life has been affected. A personal injury attorney can help you determine what your case is worth.
Q: How much do accident attorneys charge in California?
A: Each attorney charges a different rate, but their fee typically only comes out of the final settlement if they win your case.
Contact a California Accident Attorney
If you or a loved one has been injured due to the carelessness of another driver, the Maison Law Accident & Injury Lawyers of Modesto can help. We understand how to deal with insurance companies and protect your right to fair compensation. Our firm offers all victims and their family members a free, no-risk consultation. No upfront money is required and we only get paid if we win your case.