Frequently Asked Questions About Filing a Car Accident Claim in California
The steps you take to pursue a car accident claim to protect yourself and to receive compensation for your injuries are extremely important. One of the most important things you need to realize is that many of these questions can be answered in a free consultation with an experienced personal injury attorney. Scheduling a consultation today will give you a better understanding of whether or not you have grounds to file a case.
Are there certain requirements for a vehicle accident to sue in California?
Once you have been involved in a vehicle accident, you can present a claim and if the claim is not appropriately honored or you believe that you were not responsible for the accident, you can bring an action against the other party and sue them. So long as you can establish that the other individual was negligent and you can prove that there were some damages in the form of your injuries due to that negligence, then you have grounds to file a claim.
Do I have to accept the insurance company’s offer?
In many cases, the insurance company may present you with an initial settlement offer and hope that you will accept it so that they do not have to face any further liability. This can be a major mistake in your case and one that could cost you the opportunity to fully recover from your injuries. It is strongly recommended that you do not discuss the accident claim directly with the insurance company, sign anything without the consent of your attorney, or give them any paperwork. Your lawyer can be an excellent representative of you when it comes to the insurance company.
What if the other driver was not insured?
If you do not have underinsured or uninsured motorist coverage, you will not be eligible to file a claim for damages from your insurance company along with your own claim.
How long do I have to file a lawsuit?
You have a maximum of two years from the time of the accident to file for an auto accident lawsuit. After this time period, you lose your eligibility to file a lawsuit ever again.
Will my case go to court?
Filing a car accident claim is often the first step but this does not necessarily mean that you will need to go to court to protect your interests. Your personal injury attorney may be able to help you navigate the system more effectively by arriving at a final settlement offer. Finding the right attorney to assist you with this process is a vital step.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.