California Car Accident Claim Process
The aftermath of a car crash can be difficult to understand. From dealing with the insurance company to filing a personal injury claim to obtain full compensation for your injuries, the entire process can get pretty complicated.
Here at Kohan & Bablove, LLP, our goal is to make this information easier for you to understand. That way, you can feel confident in our course of action as we move forward.
Reporting Your Accident
If you’ve been injured in a motor vehicle accident, the other driver was injured, or there was a death as a result of the accident, you are required by law to report the wreck to the State of California Department of Motor Vehicles (DMV). Your car accident lawyer has the authority to file this report for you.
The Insurance Adjuster and Your Claim
Once the collision has been reported to the insurance company, the insurance adjuster is going to attempt to determine the value of your claim.
The last thing the insurance company wants is to pay you the full amount you’re entitled to, so it will try to make you appear to hold as much fault as possible. Because California follows the doctrine of pure comparative negligence, if you were found to be 40 percent at fault, you could only receive the remaining 60 percent of the amount awarded to you.
The attorneys at Kohan & Bablove, LLP will see the insurance adjusters’ tactics coming from miles away and will ensure that any attempts to put excessive, unwarranted blame on you are prevented so you can receive the compensation you deserve.
After the insurance company or negligent party has received your claim, the negotiations process begins. Don’t expect the insurer to give its best offer right off the bat. More than likely, we will need to negotiate to get you maximum compensation.
We are required by California law to negotiate before proceeding to a jury trial. Most car accident claims can be settled in negotiations, but we will not hesitate to proceed further if the insurer fails to offer fair compensation for your damages.
When We File a Personal Injury Claim
We will have two years from the date your injury occurred to file your claim. Once the claim has been filed, the insurance company or individual responsible for your injuries (whoever is named as the defendant in your case) will be served papers notifying them of our intent to sue.
Then, before we go to court, we go through what’s called “discovery.” This is when we exchange evidence we have acquired with the defendant and vice-versa. After the discovery period, we’ll head to court, where we’ll fight hard for every cent you’re owed.
Working with a California Car Accident Attorney
We will make sure to explain every step of the process in detail so you know we are taking the right steps to successfully resolve your claim. To schedule your free, no-obligation consultation, fill out the form below or call us today at 1-844-404-2400.