California operates on an at-fault system, meaning that the driver deemed responsible for the accident is financially liable for any property damage, injuries, and medical expenses caused by their negligence. If you were in a car accident caused by the negligence of another party, you can directly file a claim with the at-fault driver’s insurer, who will pay for your medical expenses. You may need to use your own insurance to supplement if the at-fault driver’s insurance doesn’t cover the total. 

Taking the proper steps to ensure documentation of your damages and evidence of the accident proving who is at-fault is crucial after an accident. Here’s what to do if you were the victim of a California car accident to protect your claim.

What To Do Immediately After An Accident

1. Get the other party’s insurance information
2. Call 9-1-1 and wait for the police to show up at the scene and take a report. The police report is key evidence when filing a claim.
3. Take photos and videos of the accident, the cars involved, your injuries, and the surrounding environment.
4. Report the accident to both your insurer and their insurer to start the claims process with the insurer of the at-fault party.
5. Even if you don’t feel injured, immediately seek medical attention from a licensed medical provider. The surge of adrenaline after an accident can mask injuries, and come injuries can take hours or even days to become apparent. Make sure to follow up on any treatment suggested by the medical provider.
6. Keep all your accident-related documents and notes, including photos, police reports, and medical records. 

Should I Use Their Insurance Or Mine?

Whether you pursue a claim under your own car insurance or the at-fault driver’s depends on the individual circumstances of the accident, your personal preferences and the terms of the insurance policies. Reporting the accident to both insurers and beginning the claims process with the at-fault party’s insurer is a good rule of thumb. 

Pros of filing the at-fault party’s insurance:

• Not paying a deductible
• The accident doesn’t impact your insurance premiums

Cons of filing the at-fault party’s insurance:

• A slower claims process, which can be challenging when you need the money for your injuries. The insurer will do everything they can to delay, deny, or underpay your claim, especially if your injuries are extensive.

Do I Need A Lawyer If The Accident Wasn’t My Fault?

Having an experienced personal injury lawyer on your side is essential in cases involving significant physical injuries, property damage, or disputes over fault. This is particularly true for cases with significant injuries requiring long-term rehabilitation and potentially permanent loss of quality of life, to ensure you recover non-economic damages like pain and suffering - which insurance does not typically cover. A skilled attorney will negotiate with insurance companies on your behalf, gather evidence to prove your claim, and ensure all paperwork is filed correctly and on time.

Contact Us Today

If you were involved in a car accident that wasn’t your fault, an experienced personal injury attorney can help you navigate the insurance system and help you get fair compensation for your injuries. Call the Law Office of Ball & Yorke to consult with a California personal injury lawyer today.