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Frequently Asked Questions
Personal injury is protection against someone else’s negligent actions. For example, if you were injured or harmed by someone’s failure to act or negligence, a personal injury claim allows the one who suffered to be compensated for those losses.
After a car accident, it is important to assess the damage to your vehicle and to yourself. Once the accident happens, don’t be afraid to call the police. Pull off to the side of the road (if you are able) and swap information with the other person.
The most important pieces of information to gather would be:
- Full Name, Driver’s License, Insurance Information, contact information of the other person
- Take as many photos as you can
- When the police arrive, get a copy of the Traffic Collision Report (TCR) and if possible, the badge number of the officer that completed the report
- If there were any witnesses of the accident, ask for their names and contact information too, as well as any of their photo evidence
Mistakes after a Car Accident:
- Underestimating Injuries: Don’t underestimate your injuries after the accident. There are some accidents, where directly following the impact you will feel strain on your muscles. However, there are other situations, where there will be soft tissue damage that you will not feel until 3-4 days after the impact. These are still injuries that should be treated by a chiropractor or pain management professional.
- Waiting too long to act: Don’t wait too long to act after the car accident. There is a statute of limitations of two years, but even then the evidence begins to disappear after a month or so. Plus, if you don’t do it right away, are you really going to follow up a year from now?
- Neglecting to gather evidence: Don’t neglect to gather all the evidence you can after the car accident. This would be in the form of photos, contact information of the other person or witnesses, insurance information, etc. Anything that you think is relevant.
- Don’t agree to a settlement too quickly: Don’t agree to a settlement too quickly after the car accident. This could come in two forms: whether the person at fault offers you cash or if the insurance tries to settle right away. Take a second to think about, if they are offering you something fast, what more could you get if you were patient.
In California, according to CCP §335.1, the Statute of Limitations for a motor vehicle accident is two years from the date of the incident. The statute of limitations is how long you have to bring suit, after those two years, the court will no longer hear your claim.
Legal matters are complicated, so having someone on your side that knows the process and has your best interests at heart is important. An attorney can use their experience to explain the process, answer your questions, handle any paperwork, and negotiate with the insurance companies.
If for any reason you are not satisfied with your current attorney, you have every right to look for another attorney. Please be aware that by a certain stage of your case (close to the end), that current attorney can put a lien on your case for the work they have done. However, if you have just started out with that attorney, they are not satisfying your wishes, please reach out to Auto Accident Advocates, for we have a vetted network of attorneys we can refer you to ensure that you are properly guiding you through the process.
Personal Injury Law Firms work on a contingent basis, meaning that you only pay if the case settles. California State Law for Personal Injury cases is that the contingency fee is 33.33%.
Contingency fees are the primary form of payment for Personal Injury Law Firms. The typical contingency fee is a predetermined percentage that is only paid if the firm wins the case. Otherwise, nothing. In other practice areas, the client would typically pay an hourly wage for the time spent, regardless of outcome.
Remember, it is always your decision where to repair your vehicle. The insurance company may try to steer you towards a specific repair facility, if you request a recommendation or if you inform in writing that the insurance may choose for you.
Unfortunately, due to the pandemic, the majority of body shops are experiencing delays with parts, which does cause a delay in the repairs.
We understand that getting back on the road is a priority.
If you have rental coverage, rental will usually be covered for a max of 30 days. If you do not have rental coverage, you can choose to get rental on your own, save receipts, but it is not guaranteed that the other party’s insurance would reimburse the rental.
If your vehicle is being repaired (if the repairs are less than 30 days), you would keep the rental for the duration that your vehicle is being repaired.