If the accident wasn't your fault, the first step is to file a claim with the at-fault driver's insurance company. You'll need to provide them with evidence like the police report, medical bills, and any repair estimates for your vehicle.
In general, an accident where the other driver is at fault will not cause your auto insurance premiums to increase. Your insurer is not involved since the at-fault driver's insurer is responsible for your medical treatment and vehicle repairs.
The DMV will hold onto the record of the incident for around 3 years, depending on the severity of the accident. While you can try to get the accident removed from your record early, it can be a difficult process, and it is ultimately up to the DMV.
Some may raise your premiums by 10 percent, while others may charge you only 2 percent more. In addition, certain states, such as California and Oklahoma, don't allow insurance companies to increase rates after a non-fault claim.
If you are not at fault for a car accident, you typically only need to deal with the other driver's insurance company, not yours. While you should still call to report the accident to your own insurance company, you won't be pursuing compensation from them.
The amount you might get in a car accident settlement for pain and suffering can vary. It could be just a couple thousand dollars, or it could go all the way up to $250,000 or even $500,000.
In general, car accident claims can take anywhere from three months to three years to settle with the negligent driver's insurance. Coverage, liability, damages, and the willingness of the other party's insurance to negotiate can impact how long it takes to resolve your accident claim.
In California, determining fault is crucial in deciding who ultimately pays the deductible. California follows a “fault” insurance system, meaning the driver responsible for causing the accident pays for the damages through their insurance company.
If you cause a car accident, your insurance rates will go up by an average of $87 per month for full coverage. Where you live has a big impact on how much you'll pay for insurance after a car accident. California has the largest rate increase. An accident in California nearly doubles full coverage insurance rates.
Does a non-fault claim affect my no-claims bonus? It might sound unfair, but you can lose your no-claims bonus for an incident even if it wasn't your fault (unless you've got a protected no-claims bonus). After all, it's a “no-claims bonus”, not a “no-blame bonus” – and a claim is a claim, regardless of who's at fault.
No-Fault Coverage (PIP Coverage)
You can always file a no-fault car insurance claim. The insurance provider will compensate the policyholder and its passengers for the cost of minor injuries and loss of income regardless of who caused the accident. This type of insurance policy is only available in selected states.
Gather as much information as possible—photos, witness statements, and any relevant documentation—so you're prepared to defend yourself if the claim escalates. Remember to report the incident to your insurance company immediately, even if you believe the accusation is entirely unfounded.
Failing to report the collision may result in a violation of your insurance policy. Furthermore, it is crucial to grasp the concept of pure comparative negligence in the state of California. This legal principle allows individuals to seek compensation even if they bear some responsibility for their own injuries.
GET ALL THE MEDICAL TREATMENT YOU NEED
The main way to make sure you get the most money possible from a car accident is to make sure you seek medical attention for your injuries and follow through on any and all treatment that your doctors recommend.
Most whiplash claims can be settled within a 6 month timeframe, however, many factors are taken into consideration on which this is dependant, such as liability acceptance from third-party insurers, medical prognosis, and expected length of recovery.
While it depends on the facts of your case, an MRI often leads to more compensation. If you are hurt in a car accident, work with the professionals at Silva Injury Law. Our experienced California car accident lawyers know how to use MRIs to pursue the best settlements available for our clients.
A variety of factors can affect what a reasonable settlement offer might be, including the following: Whether the injured plaintiff is partially liable. The extent and severity of the victim's injuries. The past and future likely costs of treatment. Whether the plaintiff is likely to fully recover or has fully ...
Once the attorney has argued for emotional distress damages, he or she will then calculate a settlement amount using what's called a “multiplier method.” It works by adding up all the tangible or economic damages, like medical costs and lost wages, and then multiplying that sum by a given number, usually between 1.5 ...
Pain and suffering damages are a kind of non-pecuniary compensation that is a specific kind of damage intended to reimburse the injured party for the bodily pain, mental and psychological anguish, and general loss of the enjoyment of life an injury has caused.
California law prevents insurance companies from increasing your rates for accidents where you are not considered principally at fault.
If you've been hurt in an accident that wasn't your fault, you deserve more than just an apology. You are entitled to compensation for the pain and suffering you've been through. There are a huge number of ways you could find yourself involved in an accident.
Notify your agent and/or your insurance company immediately. If anyone is injured or the vehicle damage exceeds $750.00, you must report the accident to the Department of Motor Vehicles within 10 days. Failure to notify the DMV may result in the suspension of your driver's license.