Frequently Asked Questions on Palmdale Car Accident Law
- What steps should I take after a car accident?
- How is fault determined in a car accident in California?
- What should I do if the insurance company offers me a settlement?
- Can I still recover damages if I was partially at fault for the car accident?
- What if the other driver doesn’t have insurance?
- How long will it take to settle my car accident claim?
- What types of damages can I claim after a car accident?
Car Accident FAQs
What steps should I take after a car accident?
After a car accident, prioritize your safety and the safety of others involved. Move to a safe location if possible, and call 911 to report the accident and request medical assistance. Exchange information with the other driver(s), including names, contact details, and insurance information. Document the scene by taking photos and gathering witness contact information. Finally, notify your insurance company and consult with a car accident attorney to discuss your legal options.
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How is fault determined in a car accident in California?
Fault in a car accident is determined based on evidence such as police reports, witness statements, traffic laws, and accident reconstruction. California follows a comparative negligence system, meaning that each party involved in the accident can be assigned a percentage of fault. Your compensation may be reduced by your percentage of fault. For example, if you are found to be 20% at fault, your compensation will be reduced by 20%.
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What should I do if the insurance company offers me a settlement?
If the insurance company offers you a settlement, it’s important not to accept it right away without careful consideration. Insurance companies often offer low initial settlements to minimize their payout. Before accepting any offer, consult with a car accident attorney who can review the offer and ensure that it adequately covers all your damages, including medical expenses, lost wages, and pain and suffering.
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Can I still recover damages if I was partially at fault for the car accident?
Yes, you can still recover damages even if you were partially at fault for the car accident. Under California’s comparative negligence law, your compensation will be reduced by your percentage of fault. For example, if you are found to be 30% at fault, you can still recover 70% of the total damages. An experienced attorney can help minimize your percentage of fault and maximize your compensation.
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What if the other driver doesn’t have insurance?
If the other driver doesn’t have insurance, you may still be able to recover damages through your own uninsured/underinsured motorist coverage if you have it. This coverage is designed to protect you in situations where the at-fault driver lacks sufficient insurance. An attorney can help you file a claim under your policy and explore other potential sources of compensation.
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How long will it take to settle my car accident claim?
The time it takes to settle a car accident claim can vary widely depending on the complexity of the case, the severity of the injuries, and the willingness of the insurance company to negotiate. Some claims can be settled within a few months, while others may take a year or longer, especially if the case goes to court. Your attorney can give you a more accurate timeline based on the specifics of your case.
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What types of damages can I claim after a car accident?
After a car accident, you may be able to claim several types of damages, including:
- Medical Expenses: Costs for emergency care, hospitalization, surgery, rehabilitation, and ongoing treatment.
- Lost Wages: Compensation for the income you lost while recovering from your injuries.
- Pain and Suffering: Compensation for the physical and emotional pain caused by the accident.
- Property Damage: Costs to repair or replace your vehicle and any other damaged property.
- Loss of Earning Capacity: If your injuries prevent you from returning to work or limit your ability to earn a living.