A car accident can throw your life into chaos in a matter of seconds, as you can go from being completely able-bodied to suffering catastrophic injuries that can leave you unable to work or care for yourself and your family. You can face financial ruin quite quickly. Medical bills can run into the tens and thousands of dollars, and you may have to spend even more in legal fees. In California, drivers and passengers are entitled to seek compensation for their losses; however, many feel intimidated because they are unsure of the process and what to expect. If you are the victim of a car accident, here is what you can do under California law to recover your losses and restore your sanity.
How California Law Works
Drivers who are at fault in California are responsible for covering the cost of damages, as this is a fault-based state. To get the process started, you must file a claim with the at-fault driver’s insurance. Keep in mind, though, that California also follows the rule of pure comparative negligence, and this means that your compensation can be reduced by the amount of responsibility you had for the accident. For example, if you were found to be 30% at fault and your compensation was $100,000, you would only be compensated $70,000.
Types of Compensation You May Receive
The whole purpose of compensation is for you to recover and restore your life as best as possible. You can receive compensation for medical costs, such as emergency care, hospital stays, medication, surgeries, physical and occupational therapy, doctor’s visits and in-home nursing. You can also obtain coverage for lost wages, and if you are never able to work again, future earning capacity can be factored into the claim. Additionally, compensation can be provided for pain and suffering as well as property damage if the vehicle became completely unusable.
The Claims Process
Before you can start the claims process, You must seek immediate medical attention. This is not only good for documentation, but it is also essential for addressing injuries that are unseen, such as internal bleeding.
As soon as possible, file your claim. You must report the accident to your insurance company as well as to whoever ensures the at-fault driver. Make sure you have neatly compiled all your documentation to make the investigation process easier, as the insurance company will review all the documents associated with the claim, such as medical records, witness statements and police reports.
Then, you will receive a settlement offer. Often, these are extremely low and will never come close to what you deserve, so never feel pressured to accept it. You or your lawyer can negotiate an offer that is fairer. But if you or your lawyer cannot reach an agreement with the insurance company, the claim will go to court.
Why Legal Help Matters
Sure, you may think you can handle this process on your own; however, this is not recommended because there is a lot of legalese you will not understand, and you risk making a mistake that can ruin the outcome of your claim. Not to mention, insurance companies are businesses, so they will do everything in their power to pay you as little as possible. These companies are not in the business of caring.
Having an experienced legal professional in your corner can make a huge difference because they can ensure you are treated fairly and successfully gather evidence to prove your case. They can also represent you in court.
Being injured in a California car accident can seem daunting. But the good news is that you do not have to go through the claims process alone. With the right help, you can rebuild your life again.
