What is the Statute of Limitations for a California Car Accident?The "statute of limitations" is a law created by the state that sets between the time of an incident and the time you can go to court and file a lawsuit. In the state of California there is a 2 year time frame for the statute of limitations from a California car accident. To learn more about the statute of limitations for car accidents in California, contact our attorney. We want to ensure that you avoid the common mistakes that some individuals make and can help you aggressively pursue the compensation you deserve.
Will I have to go to court just because I filed a claim?No. In fact, a good portion of all car accident claims that are made will never be tried in court. Only in a situation in which you are denied the compensation that you are rightfully due or in which you are offered far less than you actually deserve will a courtroom appearance be required. It is far more common for car accident cases to be settled out of court, so you can rest assured that we will only explore this option if it is absolutely necessary in order to ensure that you are compensated as you rightfully deserve to be.
What can I do if I was denied liability for my claim?If your claim was denied, you are not out of luck; you still have options! Car insurance claims are often denied at first because it is one of the easiest ways for an insurance company to avoid making good on the money that they rightfully owe to you as the victim of an auto collision. Because many insurance providers make denials under the hope that the individual will know no better than to accept it, denials can be a very effective way to save the company money. Don't settle for the denial that was issued to you without first having an attorney fight for your right to compensation. In many cases, a claim that was first denied can eventually be compensated.
What should I say to the other driver's insurance company?
Nothing! You are under no contractual obligation to speak or otherwise interact with any insurance company other than your own. Therefore, you should think twice before speaking with the insurance provider of any other driver who was involved in your accident. Unfortunately, too many past dealings with other insurance companies have taught us that these providers are far less concerned with the well-being of the injured party than they are with their own financial profit or retention.
As such, insurance adjustors are likely to use underhanded ploys to evoke statements from the victim that could be used against them later on. If you are being asked to discuss your car accident with an insurance adjuster other than your own, then you should immediately seek help from a personal injury attorney. A legal professional can intervene and communicate with the other insurance company on your behalf, thus ensuring that nothing is said on the record that could put your case in jeopardy down the road.
Do I have to notify my insurance company of my accident?
Yes. Your car insurance policy acts as an indicator of the professional relationship held between you and your provider. Accordingly, you are expected to act within the guidelines of this policy, one guideline of which is to promptly inform your insurance provider of any accident in which you were involved; this is true even in circumstances in which you are not at fault for the collision.
The working relationship between you and your insurance provider calls for mutual respect and trust, much of which is built on communications between both parties. Failure to inform your insurance provider of your accident in a timely manner could result in the complete loss of coverage for you injuries and / or damage. Therefore, you should not wait to speak with your insurance company about your accident.
How do you determine who was at fault for the accident?The determination of who or what was at fault for the motor vehicle accident that left you injured involves a tedious assessment process that seeks to identify who was careless / negligent in the situation. One of the ways in which liability is determined is by referencing the official rules of the road that govern the safe driving practices of all individuals. If these rules do not align with the driving behaviors of one or more individuals who were involved in the car accident, then said individuals may be at fault for the collision.
What do I need to do if I was involved in a car accident?
The aftermath of a San Jose car collision can be complex and even stressful if it is not handled correctly. Therefore, we encourage you to involve a legal professional in the matter as soon after the accident as possible. In this way, you can rest assured that all of the proper legal actions that are needed in order to be successful in your case are being made when they need to be. Generally speaking, we suggest that any individual who was victimized in an auto accident take the following steps after the collision:
- Take notes – The more information you have to supplement your car accident claim, the better. Any details that you can remember from the accident should be recorded as soon as possible, because having notes to trigger your memory of the events of the incident could be extremely helpful later on during the claims process. From what you were doing, to where you were going, to the time of the accident, everything is worth documenting, including your thoughts and feelings at the time of the accident.
- Take photographs of property damage and injuries – In order to ensure that no one can deny the damage that was done to your vehicle or the injury that was sustained to your person, you should take photographs of both. If you can supply pictures of your auto damages and / or personal injuries, then there will be far less room for anyone to argue the consequences of the accident that ensued.
- Track your injuries daily – The injuries sustained in a car accident can result in far more than just physical damage to the body. In addition, symptoms such as sleep loss, anxiety, and other emotional issues can be experienced as well. The more documentation that you have of your injuries, the better chances you stand of being compensated for the harm that was caused to you.
Need a San Jose Car Accident Lawyer? Call (408) 912-2217!
After reading through the questions and answers provided above, if you still have concerns then you should not hesitate to speak with an attorney from our office. We are here to help you through this difficult time, and we will be here to address all of your needs, including answering questions and representing you in court.
If you're looking for a San Jose car accident attorney for a car accident case in San Jose, California, then The Law Offices of Caroline J. Nasseri can help.