What to Do After a Car Accident That Was Not Your Fault in California?
After being involved in a car accident that was someone else’s fault, you may feel overwhelmed by what comes next. The steps you take in the immediate aftermath of a car accident can significantly impact your long-term health and finances. However, there are some steps you can take to ensure your medical recovery and protect your legal rights.
The first step is to get the other party’s car insurance information and then report the accident. You should call 911 or the police to respond to the scene. You must also report the accident to both your own insurer and theirs. Generally, this will start the claims process with the at-fault party’s insurer.
Next, seek immediate medical attention—even if you don’t think you were injured—and follow up on any suggested treatment. Some injuries are not immediately apparent. In addition, medical records serve as important evidence in an accident claim. Start a file to keep all your accident-related documents and notes, such as medical records, police reports, and photos. Consulting a car accident lawyer from Cutter Law P.C. for guidance can ensure you receive fair compensation for the damage and injuries you’ve experienced.
- How Does Insurance Work When It’s Not Your Fault?
- Dealing with Insurance Adjusters
- Is It Better to Use Your Insurance or Theirs?
- Do I Pay the Deductible if I’m Not at Fault in California?
- Does an Accident I Didn’t Cause Affect My Insurance in California?
- Should I Get a Lawyer for a Car Accident That Wasn’t My Fault?
- Why Trust Cutter Law to Handle Your Not-at-Fault Accident Case?
How Does Insurance Work When It's Not Your Fault?
In California, you can file a claim directly with the at-fault driver’s insurance company. You must provide evidence of the accident and documentation of your damages. If the at-fault driver’s insurance does not cover all your medical expenses, you may need to use your own insurance to supplement.
Dealing with Insurance Adjusters
When filing a third-party claim, you’ll likely deal with an insurance adjuster from the at-fault party’s insurance company. Provide all the necessary documentation, but be careful not to share unnecessary information—adjusters will be looking to minimize the insurer’s payout or persuade you to accept an early lowball settlement before you know the extent of your injuries.
When speaking to the other driver’s insurer, you should not provide a recorded statement without consulting an attorney. The insurance company may twist your words or try to use this statement to attack your credibility. California law does not require you to provide a recorded statement.
“There’s no reason for you to speak to the other driver’s insurance company. We prefer that you didn’t if you are going to ultimately seek representation because we can prepare you better for giving your testimony in the case.”
Is It Better to Use Your Insurance or Theirs?
Choosing between pursuing a claim under your own car insurance or the at-fault driver’s depends on factors unique to every situation. The decision should be based on the circumstances of the accident, the terms of each insurance policy, and your preferences. Generally, the best approach is to report the accident to both insurers and start the claims process with the at-fault party’s insurer.
Using the at-fault party’s insurance has some advantages, like not paying a deductible and not having the accident affect your insurance premiums. However, the claims process is generally slower, and negotiations can be challenging, as the insurer will try everything to avoid compensating you.
Alternatively, using your own insurance after an accident can lead to faster claims processing, but it can lead to premium increases if the insurer determines you share any blame for the accident.
Do I Pay the Deductible if I’m Not at Fault in California?
Whether you pay the deductible for a car accident that wasn’t your fault in California depends on how you handle the insurance claim. If you file a claim directly with the at-fault driver’s insurance company, you typically don’t have to pay a deductible. However, if you choose to use your own insurance coverage, you’ll likely need to pay your deductible.
Your insurer may seek to recover that money it pays out from the at-fault party through a process called subrogation. In such a case, you may be able to recoup any deductible you pay.
Does an Accident I Didn’t Cause Affect My Insurance in California?
California is an at-fault state for automobile insurance, meaning the person at fault for a car accident must pay for other involved parties’ injuries and property damage. The state mandates that motorists carry minimum liability insurance coverage of at least $15,000 for a single person’s bodily injury, $30,000 for bodily injury for everyone involved in the crash, and $5,000 for property damage.
In addition, Proposition 103, which became effective in California in 1988, established a regulatory system in which the Insurance Commissioner has to approve rates applied by insurers before use. This system prohibits insurance companies from directly increasing automobile insurance premiums if you weren’t at fault for the accident.
However, if you are found at fault for an accident, your insurance premiums will likely increase.
Should I Get a Lawyer for a Car Accident That Wasn’t My Fault?
In cases involving significant property damage, physical injuries, or disputes over fault, consulting a skilled personal injury lawyer is critical. Our team of attorneys can help you negotiate with insurance companies and ensure that you receive fair compensation—including for non-economic damages like pain and suffering, which insurance does not typically cover.
We understand the toll a car accident can take on people and their families. Working with an experienced car accident lawyer can help ease the stress and worry during this time. An attorney can communicate with other parties, like insurance companies, on your behalf, so you don’t have to.
California’s statutes of limitations set the deadline for filing lawsuits over accidents. After a car accident, you have two years to file a personal injury lawsuit and three years to file a property damage claim. After the statute of limitations for your accident expires, you lose the right to file a legal claim. That’s why it’s important to speak to our team of attorneys as soon as possible after the crash to figure out your legal path forward.
Why Trust Cutter Law to Handle Your Not-at-Fault Accident Case?
“You should hire Cutter Law for your car accident case because we’re experienced. And with that experience comes knowing how to deal with the nuances of these cases, relationships we have with opposing council, knowledge of the appropriate experts in the field, and our ability to pursue every avenue to succeed and bring forth a positive result for our clients.”
At Cutter Law P.C., our team of attorneys has deep experience with car accident cases. We can do the following for you:
- Investigate your claim and determine who was at fault
- Evaluate the full extent of your damages
- Gather evidence to prove your case
- Negotiate with insurers to obtain a settlement to cover all your damages
- Negotiate medical bills with medical providers
- File all necessary paperwork
- File a lawsuit if the insurance fails to cover all of your damages
- Take your case to trial if necessary
As a family-owned California law firm, we provide a family-like experience to our clients with close attorney-client relationships and open communication. We see you as a person, not a case.
In previous cases, opposing counsel has told our attorneys that the insurance companies they represented were more motivated to settle because they saw how much our team cares for our clients. We offer free consultations with no obligations, and if we take on your case, you pay us nothing unless we win. Contact our team of attorneys online today for a free case review.
Brooks has a long-established, respected reputation as a skilled trial attorney and a record of proven success.
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