When you’re injured in a car crash in California, there can be many things to consider, including medical bills, dealing with insurance companies, accident reports, and legal time limits. When a person is recovering from an injury, it can be hard to keep up with everything that is going on.
A car accident lawyer can assist with the legal aspects of a claim, from collecting evidence and working with insurance companies to ensuring all required legal deadlines are met and preparing the case for trial when needed. Each case is different, but knowing what usually happens can help victims make more informed decisions after a crash.
What to Do After a Car Accident
How you act immediately after a car accident can affect your safety and the evidence that will be used in an insurance claim or lawsuit. Drivers involved in a collision generally need to stop at the scene. If anyone is hurt, calling 911 can help get police officers and paramedics to the scene. The California DMV recommends that if no one is injured and it is safe to do so, all vehicles be removed from the roadway to prevent another accident.
Once the immediate situation is safe, you might consider gathering the following information from the other party:
- Full name, address, phone number, and driver’s license number
- License plate number, make, model, year, and color of the vehicle
- Name of insurance company, policy number, expiration date
- Pictures of the damage to the vehicles, skid marks on the road, broken glass, traffic lights, street signs, trees, or other relevant surroundings
- Contact information for any witnesses.
Photos and witness information can be especially useful later on when there is a dispute over what happened.
California’s DMV Accident Report Requirement
Accidents may need to be reported to the California DMV as well. California Vehicle Code § 16000 requires that drivers, or their agents, brokers, or representatives, file an SR-1 report within 10 days when an accident results in death, bodily injury, or property damage exceeding $1,000 for any one individual.
This SR-1 report is distinct from a police report and from an insurance claim. Submitting the report does not imply fault or assign blame for the accident. It can contain:
- When, where, and what happened
- Driver and vehicle information
- Insurance information
- Injury or fatality details
- Police report or incident number (if applicable)
Accident attorneys can assist the victim in understanding which reports must be filed and in monitoring the claim’s timeline.
Evidence Can Support an Injury Claim
This evidence shows how the accident occurred, what injuries were sustained, and how the crash impacted your finances. Some types of evidence may be more difficult to locate the longer you wait. For example, it is often difficult to locate video footage from businesses, dashcams, or traffic cameras in the area where the accident occurred.
You should also collect important documents and records like:
- Photos of the accident scene, vehicle damage, and road conditions
- Police or California Highway Patrol reports
- Witness names, phone numbers, and statements
- Dashcam, surveillance, or traffic-camera footage
- Vehicle repair estimates, towing bills, and inspection reports
- Emergency-room records, hospital bills, treatment notes, and rehabilitation plans
- Pay stubs, employer letters, and other proof of lost wages
- Receipts for prescriptions, travel, medical supplies, and other expenses related to the accident
In a busy area like Los Angeles, with major freeways such as I-405 and I-10, it may be critical to preserve video and roadway evidence immediately. Footage can be wiped or overwritten, and the roadway condition and vehicle damage can change over time.
What an Insurance Claim May Include
Claiming damages is usually more complex than simply reporting an accident to insurance. The injured person must submit comprehensive documentation of the treatment received, loss of earnings, and accident-related costs. Typical damage documentation includes:
- Costs for patient transportation, hospital stays, outpatient follow-up care, medication, and rehabilitation measures
- Loss of earnings due to incapacity for work
- Repair costs, replacement costs, towing costs, and other property damage
- Transportation costs for hospital visits and other privately borne expenses must also be documented
- Letters from the insurance company, damage estimates, settlement offers, and payment history are also required.
In severe cases, treatment at a large trauma center or specialized clinic, such as Cedars-Sinai Medical Center or Los Angeles General Medical Center, is often necessary. Cost statements, Medical records, and discharge reports from such hospitals serve as evidence of long-term treatment and its cost. Careful organization of Medical and financial records greatly facilitates understanding the long-term consequences of the accident.
California Filing Deadlines Matter
According to California Code of Civil Procedure § 335.1, an injured person generally has two years from the date of injury to bring a personal injury action that arises from another person’s wrongful act or negligence. While two years may seem like a long time, there can be many steps involved in the process from the injury to filing a lawsuit, such as:
- Seeking medical treatment
- Negotiating with insurance companies
- Gathering evidence
In addition, there may be additional deadlines that apply. For instance, an SR-1 is generally due within 10 days after a reportable accident, and there may be shorter notice periods for claims against public entities.
Victims may want to keep track of a timeline to stay organized. This can include:
- The date of the crash
- When the SR-1 is due
- Medical treatment dates and follow-ups
- Insurance claim information and communication
- When evidence was requested or obtained
- The time limit for filing a lawsuit
An accident attorney may be able to help determine what the deadlines are based on the specific circumstances and parties involved.
When a Lawsuit May Be Necessary
Most accident claims are settled via insurance. But a lawsuit may be necessary if the parties don’t agree on a resolution or dispute liability, injuries, coverage, or the amount of the claim. A lawsuit can include various stages, such as:
- Filing pleadings
- Exchanging discovery
- Taking depositions
- Negotiating settlements
- Filing motions
- Going to trial
A lawyer may be able to help an injured party understand these phases and do the legal work to advance the case.
How an Accident Lawyer Can Help
Dealing with the aftermath of an accident can involve several tasks at once. Victims might have doctor’s appointments to attend, car repair arrangements to make, insurance representatives to talk with, and attempts to get back on the job or to regular life.
A lawyer can assist with some of the legal obligations involved in pursuing a claim by:
- Examining the circumstances of the accident and any supporting proof
- Collecting medical documentation, wage information, and accident files
- Contacting insurance carriers
- Monitoring filing deadlines
- Assisting in preserving video and other time-sensitive documentation
- Determining if litigation may be required
- Acting on behalf of the injured person during discussions with the insurer or in a courtroom
Connecting with Jacoby & Meyers’ Los Angeles auto accident team at an early stage can provide insight into potential avenues for recovery and factors that may influence a case’s outcome. The details of the crash, the nature of the harm suffered, the existence of evidence, the status of the coverage, and the passage of time can all affect the steps that follow.
Every accident claim depends on its own facts, including how the collision occurred, the injuries involved, the available evidence, the insurance policies in place, and the applicable deadlines. Understanding these issues early may help victims better prepare for the steps ahead.
Disclaimer: This article should not be taken as legal advice but rather as informational content meant to provide insight into personal injury situations. Every case is different, so anyone dealing with a personal injury matter should speak with a licensed attorney for guidance specific to their situation.
