Debunking Myths About Car Accident Claims in California

If you’ve been in a car accident, you will hear all kinds of advice from friends and family who have been in their own crashes. You may be warned not to call the cops, not to call the insurance company, or even not to see a doctor. Who is right? What should you do?

The Brand Law Group wants you to know what to do if you’re involved in an accident before you call us. Let’s review some common myths you may hear about car accidents in California, and what you should know instead.

You Don’t Need to Call the Police

Under California law, you must report any accident where there are injuries or property damage over $750. That includes damage to other people’s property and city property like street signs. Your insurance company may want an incident report number for your insurance claim.

The police may not respond to a minor fender-bender, but you must contact them.

I Wasn’t Hurt, So I Don’t Need to See A Doctor

Just because you “feel okay” doesn’t mean you shouldn’t see a doctor immediately. The body’s response to trauma, known as “shock,” can keep you from feeling pain for hours after an accident. Head injuries and soft-tissue injuries like whiplash may not become evident for hours or even days.

Insurance companies expect accident victims to see their doctor immediately. Since they want reasons to deny your claim, waiting to seek medical care can be grounds for denying or delaying your claim.

I Was Partially Responsible. That Means I Can’t Collect Damages

In some states that is true. In California, you can be partially responsible for your accident and still recover for your claim. That is because California uses a pure comparative negligence rule in assessing fault. Victims receive damages in proportion to their liability in an accident. If you are 40% responsible for the accident, you can still recover 60% of your damages in your claim.

My Insurance Will Pay All My Damages

California is an “at-fault” state. That means that the driver who was responsible for causing the accident pays for the other driver’s injuries and damages. You submit your claim to their insurance company, and they decide who was more at fault and who should pay.

If the companies disagree about the cause and percentage of liability, the case goes to court. Then the judge or jury decides who was more at fault in the case.

I Can Handle My Personal Injury Claim By Myself

If the case is relatively minor, like a parking lot fender-bender, you may be able to file your claim yourself. If the accident is serious and involves injuries or major damage, you should consult a personal injury attorney.

You may be entitled to more than just medical bills. You can claim lost wages, future medical care and lost income, pain and suffering, and other damages. If the insurers are unsure about who was at fault and the case goes to trial, you must have someone on your side to deal with opposing attorneys and present evidence on your behalf.

Don’t take a chance on losing compensation you’re entitled to after an accident. Call the Brand Law Group for a case review. Contact us today to discuss your case.