If you are involved in a car accident where you are not responsible, the next actions that you take will significantly impact the overall outcome of your future case. While individuals involved in an accident caused by someone else may expect fair treatment and resolution, you should never assume that the insurance company of the at-fault driver is prioritizing your interests. Don’t wait to consult a California car accident attorney after being involved in a collision.
Steps to Take After a Car Accident That Was Not Your Fault
If you are involved in a car accident that is not your fault, taking the following steps can help to protect your interests and facilitate the claims process:
- Ensure Safety: The first thing you should do after an accident is to ensure the safety of yourself and anyone else who is involved. You should then try to move everyone and their vehicles to a safer location. This can prevent further accidents or traffic disruptions from happening.
- Contact Medical Assistance and the Authorities: If there are injuries or suspected injuries, call for emergency medical assistance right away. It is also essential to contact local law enforcement to report the accident.
- Exchange Information: You should exchange contact information, vehicle information, and insurance details with any other parties involved. Secure a viable way to contact the other parties for further collaboration in the future. If there are witnesses, ask for their contact information, as their testimony of the incident can prove helpful down the line.
- Do Not Admit Fault: It is understandable and natural to try to speak words of comfort or remorse when an accident happens, but it is important that you do not admit fault in the accident. Stick strictly to the facts when discussing the accident.
- Notify Your Insurance Company: It is important to report an accident to your insurance provider as soon as you can, even if you are not at fault. There are cases where an at-fault driver may not have the resources or insurance to fully cover your damages, so ensuring your insurer is aware of the incident as soon as possible expands the likelihood of your ability to access the protection you need.
- Contact an Attorney: An attorney can provide helpful legal assistance by crafting a detailed legal strategy and representing your interests in any negotiations and potential litigation.
California is an at-fault state, meaning it is the responsibility of the at-fault driver’s insurance to cover all damages related to the accident. Individuals and their legal representation often must fight for fair treatment by these insurance carriers, making the damage recovery process quite difficult.
How to Prove Liability for a Car Accident
Typically, before individuals can claim compensation for the losses they’ve sustained in an accident, they must show how the accident happened and which party is at fault or responsible for causing the incident. To prove liability in an accident, you must have substantial evidence that demonstrates the other party was responsible. This evidence can include the following:
- Traffic camera recordings
- Vehicle computer data
- Eyewitness statements
- Police reports
- Driver statements
- Medical records
- Photographs and videos
- Skid marks and debris
The majority of car accidents in California occur due to negligence and a failure to ensure reasonable care. Attorneys can help ensure all evidence is examined while performing a comprehensive investigation of your case to demonstrate liability.
FAQs
Q: How Does Car Insurance Work When You Are Not At Fault in California?
A: In California, it is typical that the at-fault party’s insurance will cover damages related to the accident, so if you are not at fault, you can file a claim with the at-fault driver’s insurance company. Generally, after filing this claim, the insurance company will investigate the incident before moving forward. After their investigation, they can then begin to assess the amount of compensation you’re owed and settle with you and your attorney.
Q: What to Do After a Car Accident that Was Not Your Fault in California?
A: If you have been involved in a car accident that was not your fault, you should immediately check for injuries and request medical assistance right away. If it is possible, you should move to a safe position and gather the contact information of the at-fault individual, document the scene, and obtain the contact information of any witnesses. In California, individuals are required to file a police report. Finally, after caring for injuries, seek the support of a car accident attorney.
Q: Should I Get a Lawyer for a Car Accident That Wasn’t My Fault in California?
A: Even if an accident was not your fault, the support of a car accident attorney can prove vital. An attorney will provide an evaluation of your accident and injuries and work to advocate for favorable and adequate damage recovery with the at-fault party’s insurance carrier. If fair negotiations are not agreed upon, an attorney will support you in court, fighting for a fair and just outcome.
Q: How Much Can You Expect from a Car Accident Settlement in California?
A: It may be hard to determine a specific settlement amount from a car accident in California as there are many determining factors that influence a settlement. This can include the severity of injuries, medical expenses, lost wages, property damage, liability and comparative negligence, and more. It is important to keep in mind that no two cases are exactly alike, and personalized attention is required when seeking a settlement.
Contact a California Car Accident Attorney Today
At the Kreeger Law Firm, our car accident attorneys are ready to advocate for your desired outcome after a car accident. While it is helpful to know how to respond in the immediate aftermath of an accident, an attorney is able to go beyond the initial moments and tangibly support you as you seek a fair settlement. Our team will help prove fault, gather important evidence and documentation, and help outline the path to optimal recovery.
Reach out today for a consultation and learn how we can support you in this challenging time.
