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California Car Accident Lawyers with Decades of Experience and Record-Breaking Verdicts

 

 

The flourishing state of California is a hotbed for potential car accidents. Navigating 405, 101, 10, 15, 210, 57, 110, 710, 605, or the 5 on your commute is often bumper-to-bumper, with plenty of opportunities for rear-end collisions. Motorcyclists are free to lane split, running the risk for sideswipe incidents or collisions merging lanes.

Getting around downtown involves hundreds of pedestrians and bicyclists. Drivers must pay strict attention at all times. A car crash can occur in the blink of an eye. Driving anywhere in California is risky. The majority of collisions, however, are preventable. In fact, 94% of all accidents are attributable to human error.

 

DO I HAVE A CASE?
 

 

Attention to the road, competence behind the wheel, and proper vehicle maintenance can reduce the odds of getting into a collision. Negligence, recklessness, and breaking the law are at the heart of most “accidents.” At Arash Law, we’ve represented clients in dozens of car crash cases.

We understand the common causes, defendants, and how to fight for compensation for collision-related injuries. Whether you suffered burns, broken bones, brain injury, a spinal cord injury, or other damages, talk to our award-winning California car accident lawyers. The road to recovery starts just a phone call away. Call (888) 488-1391 right

 

 

Car Accident Laws in California

In our decades of practicing California personal injury law, we’ve seen a wide range of car accident types and causes. We have the ability to assist you in an accident involving a road rage driver, a rear-end collision, whiplash injuries, catastrophic injury, and wrongful death.

No matter what the circumstances of your car crash, you have options in front of you. Talking to a California car accident lawyer before speaking to an insurance claims adjuster can give you all the information and confidence you need during this difficult time.

 

Speaking with an attorney is often the first step in getting your medical bills paid. Your accident may have left you with significant hospital costs, ambulance fees, surgeries, medical equipment, disability, rehabilitation, or live-in care. As the bills stack up, you might wonder when you’ll receive payment for your damages. An experienced California car accident lawyer can help move your case along with insurance companies or the judicial system, resulting in quicker payment for your bills.

In California, you have two years from the date of your accident or discovery of injuries to bring a claim. The sooner you call Arash Law, however, the sooner you can start the process toward receiving compensation. Reach out to an experienced car accidents attorney from California quickly to get your case moving.

After a settlement negotiation or court verdict, you will receive a check in the agreed-upon amount. Then you can focus entirely on healing from your injuries.

What To Do After a Car Accident in California  (10-Step Checklist)

No one can predict a car accident, but you can prepare for one. Having a car accident checklist in your glove box can help you stay calm and organized after a car crash. It can tell you what to do and what not to do, and how best to protect your rights. When in doubt, give us a call. Keep our phone number, (888) 488-1391, in your phone or written down in case the worst occurs. You aren’t alone after a serious collision. Here’s what to do:

  1. Stay calm. Stay on the scene and make sure everyone is okay. Check yourself for injuries first, and then check others. Remain calm and do not admit fault.
  2. Get to a safe location. Move disabled vehicles to the side of the road if you can. Put your emergency flashers on to help prevent further collisions. Get somewhere safe to wait for the police.
  3. Call 911.  Call the police to report your accident. Unless your crash was very minor, with no injuries or property damage, you should call the cops. Police can document the incident, gather information, and make it part of an official record.
  4. Exchange information. Swap names, phone numbers, and insurance information with the other driver(s) involved in the accident. Take photos of the vehicles, license plates, and other vital details if possible.
  5. Do not admit fault. Again, do not admit fault, even to the police. Stick only to the facts of what happened when speaking with a police officer. Be as detailed as possible in your description of the collision.
  6. Seek medical attention. 
     

    Go to the hospital or your primary doctor as soon as possible. Immediate medical care can help reduce the damages you suffer from injuries. Tests and scans can identify internal injuries that may not show symptoms yet.

  7. Report to your insurance company. Most insurers have time limits for how soon you must report an accident in California. Call quickly and follow the agent’s directions for reporting your crash.
  8. Speak to insurance adjusters. As soon as the day of your accident, you may receive a phone call from the other party’s insurance company. You may speak to the claims adjuster, but do not give away any more information than is absolutely necessary. Do not record a statement or accept an insurance settlement offer until you speak to an attorney.
  9. Create a file. Keep accident-related documents together and organized. Your file should include a copy of the police report, medical bills, the other driver’s information, injury treatment plans, and any other documents you’ve collected regarding the incident.
  10. Call Arash Law at (888) 488-1391.  We offer free consultations, so you can discuss your car crash without risk or obligation. We can determine whether your case has merit, help you talk to insurance companies, and assist you in filing a personal injury claim if necessary.

 

Follow this checklist and you can come away from a disastrous car accident with hope for the future. You would have protected your rights, said nothing to place blame on yourself, and sought immediate medical attention for injuries. These are actions that can help should you need to file a claim with the California civil courts to pursue damage compensation.

Specifically, What Information Should I Gather From The Scene Of An Accident?

When driving in California, you should try to collect as much of the following information from the scene of the accident as soon as possible:

    • Make, model, color, year of manufacture, and license plate numbers of all the cars involved in the accident.
    • Name, address, phone number, license number, insurance information, and registration information of all the drivers involved.
    • Full name, phone number, and address of the vehicle’s occupants, witnesses, and pedestrians involved in the accident.
    • Name, badge number, and department of the police officer who arrived at the accident scene.

 

 

  • The actual location of the accident.

Speak with an award-winning California car accident lawyer at Arash Law as quickly as you wish after a crash. We can walk you through the process from beginning to end.

What If I Get Accused of Partly Causing My Car Accident?

Since California is a ‘comparative fault’ state, you can collect compensation even if you played a role in the cause of the accident that you’re involved in.. Though, the compensation amount that you receive gets reduced by a percentage equal to your share of liability in the vehicular accident. You can rely on our relentless trial attorneys to work vigorously to assure that liability is allocated accurately in your legal case so that you get the total compensation you deserve under the law.

 

 

 

Side-impact Collisions

The definition of a side-impact collision is when the front of an automobile hits the right or left side of another vehicle. The extent to which auto accident is based on the damages of the oncoming vehicle and what part of the car that vehicle collides with. Our lawyers are here to protect the victims of a side impact accident who are more likely to suffer severe physical and emotional injuries. Side impact car accidents most commonly occur in the middle of intersections due to people’s failure to yield at a stop sign or red light.

Side impact automobile accidents can result in severe injuries that may require special care, in addition to expensive medical treatments, surgeries, therapies, and other injury-related care. You might incur serious debt and sacrifices to pay for these costly yet necessary health care treatments.

If you have been injured in a side-impact car accident, our side-impact collision injury lawyer in California may be able to recover compensation for your injuries, medical costs, loss of wages, pain, and suffering, and other bus accident-related expenses. WE TAKE ALL OF OUR PERSONAL INJURY CASES ON CONTINGENCY! That means we don’t get paid unless you get paid! No money upfront, no hourly fees.

Fatal Car Accidents

 

Arash Law specializes in fatal car accidents resulting in death. Family members are entitled to receive damages for wrongful death, medical bills, and other expenses.

Fatal car accidents are grave tragedies that impact the lives of so many people involved. Although a wrongful death lawsuit cannot reverse your loss, it is a small step toward holding negligent people accountable.

We understand the intricacies involved with handling these severe and emotional cases, and we cater to all of our client’s needs.

As we take all of our personal injury cases and wrongful death cases on contingency, you do not pay for anything until and unless your case is resolved successfully. Recent fatal teenage car accidents in Los Angeles, San Bernardino, San Francisco, Riverside, Sherman Oaks, San Diego, and Sacramento, and all across California have been on the rise.  We are here to help if you are a victim of one of these road traffic accidents.

Families may have to make sacrifices to pay for these costly yet necessary health care treatments. If you or a loved one has been involved in a fatal car accident contact us today. Our car accident lawyers in California may be able to recover compensation for your injuries, medical costs, loss of wages, pain, and suffering, and other road traffic accident-related expenses.

Head-On Collisions in California

Arash Law is experienced in various types of head-on car collisions in California. A head-on accident is defined as the front end of any two vehicles hitting each other. These types of crashes happen mainly in a traffic light, stop sign, or blind intersections and on freeways.

 

Head-on crashes at intersections occur when drivers disregard traffic laws and signals, such as red lights, stop signs or yield signs. Freeway head-on collisions usually happen when drivers enter the wrong way on on-ramps or off-ramps, sometimes due to intoxication or drug use. At our law firm, our goal in a head-on collision case is to help clients in every way.

We will fight to recover the financial resources they need for lost income due to the injuries caused, medical bills, and pain and suffering. Also, we will assist with getting you the best health care, physical therapy, mental health needs. Our clients are located across all of California including Los Angeles, Orange County, San Diego, San Bernardino, Irvine, Fresno, Sacramento, Riverside, San Francisco, and San Jose.  Head-on automobile accidents are complicated cases, and we have the experience to get you the best recovery.

Rear-End Accidents in California

The California personal injury experts at Arash Law can represent you if you have been a victim of a rear-end car accident. Typically, rear-end accidents are the most common type of car accident. They also result in the most severe injuries. In a typical rear-end accident case, driver “2″ hits driver “1′s” completely stopped-car from behind, and since driver “1″ has no advance notice of getting hit, driver “1′s” injuries are usually severe and long-lasting.

This is why our California car accident lawyers and personal injury attorneys specialize in rear-end car accidents over any other type of car accident. Our personal injury professionals focus on getting you the best results for your case. We represent drivers and passengers in all claims. Not all personal injury lawyers are the same, so don’t just settle before speaking directly with one of our rear-end collision or car wreck lawyers. We take all of our personal injury cases on a contingency basis.

 

Rear-end accidents can result in injuries such as a spinal cord injury, paralysis or head trauma.  As a result, the victim may require special care, in addition to expensive medical treatments, surgeries, therapies, and other injury-related care. If you have been injured in a rear-end car crash, the aggressive automobile accident legal team at Arash Law may be able to recover compensation for your injuries, medical costs, loss of wages, pain, and suffering, and other road traffic accident-related expenses.

 

 

Texting While Driving

All drivers owe duties of care to everyone else on the roadway, including passengers in the vehicle, other drivers, and pedestrians. Drivers accept this responsibility when they get behind the wheel. These duties include obeying the rules of the road, driving safely, and reasonably preventing harm to others. Texting and driving is a significant breach of this duty, and can constitute negligence on a legal level. It is an unlawful act in California that can result in someone else’s serious injury or death.

California Vehicle Code, Chapter 12 Section 23123.5, has three provisions regarding cell phone use:

  1. No handheld cell phones. No driver may use a handheld cell phone while operating a vehicle to make calls or for any other reason. This law applies to all persons driving in California, whether they live in the state or not.
  2. No hands-free cell phones for drivers under the age of 18. Drivers 18 and older may talk on hands-free devices or via speakerphone, as long as any earpieces do not cover both ears. Drivers under 18 cannot use hand-held or hands-free devices.
  3. No texting and driving. There is a separate law that bans texting, emailing, social media, and any other use of a wireless device while driving.

The only exceptions to these laws are if the driver is making an emergency phone call, operating a vehicle on private property, or is an emergency service professional. The law does not apply to factory-installed devices within the vehicle.

 

Texting and driving kills! If you have reason to believe another driver was illegally using a cell phone behind the wheel, speak to an attorney. The investigative team at Arash Law can gain access to phone records as potential evidence in your case.

Drinking and Driving

Driving under the influence (DUI) is one of the most flagrant acts of recklessness a driver can commit. Despite knowing the dangers, thousands of drivers operate their vehicles after drinking alcohol every year. According to the California Department of Motor Vehicles (DMV), 176,223 injury collisions occurred with drivers in 2015.

A total of 17,390 collisions involved alcohol, and 12,776 had drunk drivers. There were 433,231 total collisions, injuries, and non-injury. Around 3,160 of these accidents were fatal. DUI cuts thousands of lives short every year.

If an intoxicated driver caused your accident, leading to serious injuries or the death of a loved one, don’t hesitate. Contact Arash Law as soon as possible. Police likely conducted a breath, blood, or urine alcohol test directly following the collision, or at least a field sobriety test.

You can use this as evidence of the other driver’s intoxication or inability to safely operate the vehicle. There may also be eyewitnesses that can attest to seeing the driver drinking before getting into the car, or driving erratically in the minutes leading up to the crash. You deserve to speak to a reputable California car accident lawyer and thoroughly investigate your accident.

Can Dashcam Footage Be Used As Evidence In A Car Accident Case?

 

Yes — the videos recorded by a dashcam can be used as evidence in the investigation of a car accident case. Keep in mind that the videos recorded can be used for the benefit of the owner of the dashcam and can also be used against them. Technology plays a big part in helping capture unprecedented incidents like car accidents. Having dash cams onboard is a great way to provide evidence in the event that you face an accident.

Dashcams encourage motorists to drive carefully on the road, therefore reducing accidents. Most of the dash cams sold today also can record audio and video from multiple angles. The dash camera can capture details you may not remember about the incident. The recorded video may contain proof of your innocence, which can help free you from the accusation.

Under California law, motorists are permitted to use a dashcam recording device in private vehicles. California laws require their installation in very precise areas on the vehicle’s windshield in order to lessen obstruction. Insurance companies have long been accepting pictures taken from cell phones. Now, they are also collecting videos from dash cams to help you get an insurance settlement when proven that the other party is at fault.

 

On the other hand, it can also implicate you in the offense. These videos can also be used to show that you are not entirely innocent. The video can provide information if you’re going above the speed limit or if you are being distracted by other factors and are not wholly focused on driving. When this is proven, the insurance company can reduce the total reward money.

Should I Really Hire a California Car Accident Lawyer to Settle My Case?

While it’s technically possible to represent yourself in a car accident case, it is not the wisest course of action. Self-representation can put you at risk of making mistakes and missing your opportunity to recover for your damages. Negotiating with insurance claims adjusters is difficult and the stakes can be high. Protect your rights and your future by retaining a car accident lawyer to settle your case or take it to trial if need be. Our car accident lawyers work on a contingency-fee-basis, meaning you only pay attorneys’ fees if we win you a monetary award.

 

 

 

If you believe you have grounds to file a claim, retain a local car accident lawyer in California near you who can help you navigate car accident laws. Arash Law has decades of experience throughout California and has secured million-dollar settlements and verdicts for our clients. Our car accident team can investigate your crash, identify the potential defendant(s), and file your claim with the civil court system as quickly as possible. Don’t delay – you’re just a phone call away from learning your legal options.

Call (888) 488-1391 or get in touch online to schedule a free case evaluation.

 

 

 

California Car Accident Lawyer

As we travel the roads and freeways in California each day, we usually trust that we will arrive at our destination without incident. Yet every day, careless drivers cause hundreds of accidents on California roads which lead to countless injuries and fatalities.

Fortunately, accident victims are able to file a claim against the other driver’s insurance in order to cover the cost of medical bills, lost wages, and other financial damages caused by the accident.

Maison Law was founded by Martin Gasparian to protect innocent drivers in the aftermath of these difficult situations. Mr. Gasparian worked for large, nationwide corporations for a decade and got a first-hand lesson in how insurance companies maneuver for their own benefit and never for the benefit of the accident victim who has suffered and sometimes continues to suffer. Mr. Gasparian then started his own law firm to give accident victims in California a voice and to make sure they are informed of their rights and given the power to demand what’s fair. These are things an insurance agent definitely won’t tell victims about.

 

California Car Accident Injury Claims Process

 

 

 

Free Car Accident Consultation

If you have been the victim of a serious collision caused by another driver, don’t leave your accident claim in the hands of an insurance adjuster. Contact Maison Law no matter where you are in California for a free, no-obligation evaluation of the circumstances of your case. By having legal representation you’ll let an insurance company know that they can’t dismiss your physical, emotional, and financial hardships.

 

Do You Really Need a Car Accident Lawyer in California?

After you’ve been in a traffic accident on a California freeway, city street, or back road, it’s fair to ask if you need a personal injury lawyer? The answer depends on the consequences of your collision.

You may have been shaken up, but if your accident involved mainly property damage, getting fair treatment while your car damage is evaluated shouldn’t prove too difficult. Insurance companies have largely standardized the process to get cars repaired or replaced.

It’s an entirely different case when you or a loved one are seriously hurt in an accident. A personal injury lawyer can prove crucial in getting the compensation needed to pay for recovery. When another driver is at fault his or her insurance company should be responsible for every medical cost and lost paycheck you endure.

You should call a personal injury attorney when:

  • You have been badly injured in an accident.
  • Adjusters want to blame you for part of an accident when you weren’t at fault.
  • Your accident involves multiple parties or is complex.
  • Your accident was caused by a professional driver like a big rig truck drive or a rideshare driver.

It’s also important to seek the counsel of a skilled personal injury lawyer if you’ve been in an accident involving a government employee or a public transportation vehicle. Accidents involving city, state, or federal agencies can be especially complicated and often provide much tighter deadlines for victims to file an injury claim.

 

How Much Is a Car Accident Injury Case Worth?

 

Many factors play a role in how much compensation you’ll receive after a car accident. It’s impossible to predict an exact amount because every accident case is so different. Injuries, even the same types of injuries, can all heal very differently and require more or less in medical care and medical expense.

One of the key factors in determining the value of your claim is how much your injury changes your lifestyle and for how long. Here are a few of the factors that can affect your car accident settlement:

  • Severity of your Injury. A broken bone can lead to surgery, an amputation, and even a permanent disability. Permanent brain damage, organ damage, paralysis are other serious injuries possible after a crash. A permanent disability can diminish your freedom and your ability to support your family over a lifetime. Compensation can reach into the millions of dollars when it must cover care over decades.
  • Lost Wages. The longer your recovery takes the more time you could spend away from your office or job site. That means more paychecks missed and more reimbursement you’d require.
  • Driver’s Insurance Limits. The negligent driver’s chosen insurance provider and level of coverage can also affect your final award. Basic insurance coverage has cap limits that may run out before all of your hospital bills are paid.
  • Physical and Emotional Trauma. Non-economic damages are awarded for the pain you endure with your injury and the emotional turmoil you’ve suffered. Victims may experience debilitating anxiety and depression. They may also be unable to enjoy life when they’ve had to give up the activities they love such as family outings, travel, hobbies, and exercise.

 

Furthermore, the skill and experience of the personal injury lawyer you chose to represent your case can make a substantial difference in the compensation you receive. A lawyer with an extensive background in injury settlement negotiation will more accurately estimate the costs of recovery you face and make sure you have what you need to pay your recovery bills.

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Can I File a Car Accident Lawsuit On My Own?

Injured victims in California are legally allowed to file a lawsuit and represent themselves in court if they choose to do so. However, individuals may not file a lawsuit themselves if they are representing a corporation, filing a class-action lawsuit, or suing on behalf of a child.

It is not recommended that you file your lawsuit unless you have some knowledge of California state law and courtroom proceedings. You’ll have to know how to collect and present evidence that proves your case. You’ll have to know what to ask witnesses and how to submit their testimony.

Even if you are somewhat familiar with the legal system, it’s still a difficult challenge to represent yourself. A vast majority of lawsuits never reach a courtroom and end up settled outside of court. This can also leave people representing themselves at a disadvantage.

Skilled lawyers have a much better idea of how much medical and financial recovery costs. They’ll hold out until insurance adjusters make a fair offer for the victim that covers all expenses. When insurance companies know they aren’t dealing with a legal professional they commonly offer much less money in the hopes you won’t know it’s a low-ball offer. You can lose out on thousands of dollars by using your own judgment when assessing a settlement offer.

You must also be careful to meet certain deadlines insurance companies won’t warn you about. One such deadline is the two years from the time of your accident you have to file a personal injury lawsuit. Wait too long and your chance to earn the compensation you need is lost.

 

 

Best california car accident lawyer review

 

Even if you decide to move forward with your lawsuit on your own, you can still benefit from talking with a California lawyer. Personal injury lawyers offer a free consultation to anyone injured in a car accident and they can help you determine if your lawsuit will earn you considerably more than a standard insurance injury claim.

You may try to avoid using an attorney because you’re worried about being able to afford legal counsel. Keep in mind that reputable personal injury lawyers work on a contingency basis and don’t get paid unless they win your case. Their fee would come out of the compensation they earn for you.

 

Common Types of Car Accidents in California

While accidents can happen at any time under any circumstances, there are some common types of accidents that we see regularly at Maison Law. If you have been injured in one of these common accident types, click on the name for additional resources to answer your specific questions.

  • Accidents Involving Cows
  • Accidents Involving Pigs
  • Accidents Involving Horses
  • Accidents at Intersections
  • Accidents at Night
  • Delivery Drivers
  • DUI Accidents
  • Farm Vehicle Accidents
  • Hit and Run Accidents
  • Failure to Yield or Stop
  • Head-On Accidents
  • Hit and Run Accidents
  • Rear-End Accidents
  • Rideshare Accidents
  • TBone Accidents
  • Texting and Driving Accidents
  • Uber Accidents
  • Accidents on Mountain Passes and Mountain Hwys
Can You Recover Compensation If You Were Partly to Blame For An Accident?

Common Injuries In California Traffic Collisions

You’ll be fighting insurance companies for fair compensation for your accident. It’s an important step in your recovery because it doesn’t just affect your immediate health and economic stability.

You could have serious injuries that require surgery a year down the road and further physical therapy. You might have a disability that forces you to seek a new career. The costs of job training and medical equipment for travel and home life can add up. All of these costs should be factored into any settlement from an insurance company. They will be factored in if you have an attorney making sure every detail is included.

These settlements are vital for victims and their families because the injuries in car accidents can be so severe and affect everyone’s life down the road. Here are a few of the most common injuries seen by emergency room doctors every year:

  • Brain and head injuries: Severe concussions, skull fractures, brain bleeding, and scalp wounds can all result after taking an impact on the head. Traumatic Brain Injury (TBI) can leave the brain bruised in a collision with the inside of the skull. The symptoms can be memory loss, light sensitivity, and seizures along with other complications.
  • Spine, neck, and back injuries: Whiplash (a violent tossing of the head back and forth) can leave victims unable to turn their heads. Spinal vertebrae can be fractured in the impact with an airbag or the tug of a seatbelt. Back and spine injures can leave victims facing a permanent disability.
  • Broken Bones: Fractures can occur in just about any part of the body. The clavicle is one of the most commonly broken bones in an impact. It’s the most fragile bone in the body and runs across the top of the ribcage. The fibula (lower leg) and femur (upper leg) are often broken when a car ends up partially crushed.
  • Soft tissue injuries: Muscles, tendons, and ligaments can all tear or bruise. This tissue connects and holds different organs and other body parts in place.

 

 

California Driving Dangers Each Year

When you’re behind the wheel in California, your trip can be threatened by extreme weather, natural disasters, and even the bad condition of road surfaces that may have gone unrepaired for decades. You can also face drivers who are distracted by their phones or recklessly speeding and changing lanes. And, way too often, you can face motorists who are traveling under the influence of drugs or alcohol.

You can confront these hazards on any given day on California freeways and streets. The Insurance Institute Of Highway Safety (IIHS) found that California’s number of fatal accidents in 2019 led the entire nation in this unfortunate statistic. Our state recorded 3,316 deadly accidents in total resulting in the tragic loss of 3,606 lives. Texas was second on the list with 3,294 recorded fatal collisions. Florida was third with 2,950 fatal crashes over 2019.

California is notorious for its traffic congestion and reckless drivers, but it doesn’t matter if you’re on a packed freeway when your collision occurs, a narrow city street, or on a long stretch of farmland highway. The number one concern will be your physical recovery from that accident. Once that is addressed, your financial recovery will also become key to rebuilding your life. Unfortunately, insurance companies won’t be working quickly to make up for the mistake of their policyholder.

What happens if you are in an accident in someone else’s car?

If you’ve been hurt as a passenger in a car crash, you are permitted to file an injury claim for damages against the at-fault driver’s insurance provider. A claim can be filed against the driver of the car you were in if the driver was to blame.

Passengers in car accidents face the same injury risks as the drivers, and sometimes their injuries are even more severe. Passengers don’t always have the benefit of an airbag and seatbelts in backseats aren’t as advanced as those in the front seat.

Passengers can suffer serious injuries and face a stack of hospital bills while losing valuable time at work in recovery. To meet these bills, the car insurance companies for at-fault drivers must be called upon to provide compensation.

Passengers may feel conflicted if the at-fault driver was a friend or family member at the wheel. They may not want to cause the driver financial harm. However, this shouldn’t be a concern. Your claim will mainly target the insurance company of the at-fault driver. Your friend or family member would also want you to receive the best care available without going bankrupt trying to pay medical expenses.

If you are a passenger in a rideshare vehicle like an Uber or Lyft car in a collision, you should file a claim over your injury costs. You may be able to sue the rideshare driver’s auto insurance for support and call upon Uber or Lyft’s corporate insurance coverage for additional compensation.

 

Insurance Pitfalls for California Accident Victims

If you are hit by another driver, you will be stuck dealing with the insurance provider the driver has chosen to carry if they carry any insurance at all. If they don’t have insurance you may be left to deal with your own insurance company trying to get help through your uninsured/underinsured motorist coverage.

 

There are dozens of national and local insurers available like Geico, Progressive, and Mercury Insurance and they all operate under the same strategies. Keep a victim confused and ignorant of their true rights.

 

 

The Insurance Adjuster’s Role in Your Personal Injury Claim

There are several ways that insurance firms weaken a victim’s claim and their resolve. These are a few of their tactics.

  • Stall Tactics: Insurance companies can say that they are experiencing a high volume of accidents and ask you to wait patiently for them to respond to your claim for damages or to make you a settlement offer. This dragging of the feet is often just a trick to let your hospital invoices and monthly bills, like car payments and rent, build up. The longer you have to face those bills and calls from debtors, the more doomed you may feel. Insurance companies want to get you desperate.
  • Low Settlement Offer: They stall so that you’ll be desperate enough to take any amount they offer in settlement. When you’re facing thousands of dollars in bills each month and not able to work, any “lowball” offer may look good to you. An experienced lawyer will spot these stall tactics and lowball offers and challenge the insurance firm on their bad faith practices. Insurance companies can start to move much faster when an attorney threatens to take them to court.
  • Shedding Blame: Insurance adjusters may look for ways to pin the blame in an accident onto you. They do this to either get you scared enough to dismiss your claim or to accept some of the blame in an accident. Don’t fall for it. They could check your driving record to try to make you seem like an unsafe driver. They might get their hands on medical information to show that you’ve had a similar injury in the past. These are all weak arguments that a legal expert on your side will disprove immediately.
  • Use Your Statements Against You: Another tactic is to call you shortly after an accident under the guise of checking on your recovery. An insurance representative actually wants you to give a recorded statement. Don’t give anyone a statement. Politely decline. Insurance agents are looking for you to say something they can use later to discredit your account of what happened. Let your attorney handle all communication for you. It saves you stress and it protects your case.

Passenger Injuries After a Car Accident

As a passenger in someone else’s car, you are at just as much injury risk as the driver. After an accident, you may be seriously hurt and wonder who can be called upon to help with your recovery costs.

As an injured passenger, you may file a claim for damages against any at-fault drivers involved in an accident. This claim would seek compensation for the cost of your medical care, your lost wages while out of work, and other physical and financial damages.

In some cases, the at-fault motorist may be the driver in the car you were in. The driver found to be careless or reckless could be a family member or friend. In this situation, you may feel conflicted about filing a claim against someone you know.

You shouldn’t worry over this though. A claim generally targets the driver’s car insurance company and not the driver. It’s also how car insurance is designed to work.

The person you know pays car insurance premiums in order to provide protection and support to the victims of an accident. Someone you are acquainted with should want you to receive the care you need, even if it results in a rise in their insurance premiums.

Is there compensation for California accidents resulting in emergency C-sections?

An expectant mother in an accident faces an enormous risk to her health and the health of the unborn baby. A personal injury claim can earn support from an at-fault party for the financial and emotional toll of an emergency C-Section.

Mothers-to-be may require an emergency cesarean section (C-section) after any accident, even if an accident is relatively minor. Injuries suffered to the mother or baby, or both in a car accident or a slip-and-fall at a store can lead to premature birth, birth defects, or a miscarriage.

If a vaginal delivery is deemed unsafe for a mother and her baby, the baby would be delivered by C-section. This requires surgical incisions made in the abdomen and the uterus of the mother.

The insurance provider for an at-fault party, such as another driver or a store owner or operator, could be held liable in a personal injury claim. The amount of any settlement offer would have to include all medical costs built up in the treatment of the mother and the pain and emotional trauma experienced.

 

A claim might also consider the effect of an emergency birth on the health of the baby. This would also include any developmental difficulties expected for the child in years to come. Talking with a personal injury lawyer is the best way to determine every hardship that could earn financial support for mother and baby in an injury claim.

Can I sue my insurance company for my injuries if I was at fault?

Generally, if you were injured in a car accident you caused, you wouldn’t be able to ask your insurance company or an opposing driver’s insurance company for injury compensation.

However, when you feel are being unfairly blamed for an accident, it is possible to fight back on that determination and even sue your own insurance company for acting in “bad faith.” Your insurer owes you a fair investigation into your accident and should defend you when another driver is making false accusations.

It’s also possible you were partially to blame in an accident and you shouldn’t have to accept full blame. California allows multiple drivers to be assigned blame in a traffic collision.

You might have to accept 20% of the liability for a collision, but two other drivers might have to accept 40% of the responsibility. In this example, you could still seek partial injury support from your insurer or another driver’s insurer. Your award would just be reduced by your 20% of liability.

When your insurance company doesn’t bother to fully protect you after an accident, it’s time to call a California Car Accident Lawyer. Your lawyer will fight to get your portion of blame reduced to as small of a percentage as possible. Your lawyer could also find a way to get your liability reduced to nothing at all if you weren’t actually at fault.

Once blame is justly placed on the other drivers involved, you can begin the process of suing to get injury compensation from an insurance company.

Other Issues Pertaining to Fault

  • Determining Liability After A Car Accident
  • Who is at Fault if You Run Out of Gas and Get Hit?
  • Who is at Fault for a Chain-Reaction Crash in California?
  • Is California a No-Fault State?
  • Does Insurance Determine Who is at Fault for a Crash in California?
  • Do Police Determine Who is at Fault for a Traffic Crash in California?

Can an attorney help with a non-injury accident?

Generally, victims in a property damage-only accident will be able to handle their own insurance claim They’ll usually get the money they need to make repairs or replace a vehicle. The car damage repair process has become fairly standardized with cooperation between body shops and insurance companies.

However, if you are being unfairly blamed for an accident you didn’t cause, it’s at least worth talking to a qualified car accident lawyer about your options.

A good car accident lawyer offers all victims a free, no-obligation case consultation. There’s no risk in talking over your situation. Reputable car accident lawyers will always let you know when they can’t really improve the outcome of your case.

This is an important quality because other lawyers may push for you to sign with them when you don’t really require legal help. These types of lawyers often take a large portion of your insurance money without really helping you that much or at all.

Trust your case to a proven car accident lawyer like Martin Gasparian, the founder of Maison Law.

 

Author: rppnews

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