Being involved in a car accident can be a stressful experience. In such situations, knowing the right steps to take is crucial to protecting your rights, minimizing liability and ensuring fair compensation.
Here is a guide on what you can do :
- Ensure safety :
Your first priority should be the safety of everyone involved. If possible, turn on your hazard lights and use warning signals to alert other drivers. Assess any injuries and call 911 immediately if medical help is needed.
- Reporting an accident :
Once you have ensured everyone’s safety, it’s important to contact the authorities and report the accident. A police report may be vital for insurance claims or legal proceedings. In California, Vehicle code 20008(a) requires drivers to report any accident involving injury or death to the California Highway Patrol (CHP) or local police within 24 hours if it happened in a city.
- Exchange information:
Make sure to gather essential details from all parties involved, such as their names, contact numbers, driver’s license, insurance information and vehicle specifics. Don’t forget to also collect the contact information of any witness at the scene. This will be crucial for filing insurance claims or seeking legal assistance later on.
- Document the scene:
Take clear photos of the accident scene using you phone or a camera. Capture details like vehicle damage, skid marks, traffic signs and road conditions. These visual records can provide important evidence to support your claims and help establish fault in the accident.
- Limit discussion of the accident:
Refrain from discussing who is at fault or admitting responsibility at the scene, even if you believe you may be partially to blame. Anything you say could be used against you later.
- Seek medical attention:
Even if you feel that your injuries are minor, it’s important to see a doctor as soon as possible. Some injuries like whiplash might not be immediately apparent but can worsen over time. Prompt medical attention also creates a record of your injuries which will be essential for any injury claims or legal proceedings.
- Report the accident to your insurance company:
Contact your insurance company promptly to report the accident. Be sure to provide truthful and detailed information about the accident. Prompt communication with your insurer helps to prevent delays and ensures your claim is handled efficiently. The insurance company will assign a lawyer to represent both the insurer and the insured, but to ensure your rights are fully protected, you may want to hire a private lawyer.
- Consult with an experienced attorney:
Reach out to a skilled auto accident who specializes in personal injury law. An attorney can assess your case, provide expert legal advice and help protect your right throughout the process. They will handle negotiations with insurance companies, ensuring that you receive fair compensation for any damages or injuries. With their expertise, you can secure the best possible outcome for your situation.
- Stay within legal time frames:
In California, there are strict deadlines, known as statutes of limitations for filing auto accident claims. Failing to file within the specified time-frame can result in losing your right to seek compensation. Under the California Code of Civil Procédure, the statue limitations for filing a personal injury lawsuit after a car accident is two years. However, there are important exceptions to this rule. It is crucial to consult with your attorney to understand these deadlines and ensure that your claims are filed within the legal time limits.
By following these steps, you can protect yourself legally, ensure your safety, and maximize your chances of receiving fair compensation for any damages or injuries incurred.
