Car accident victims would file claims against the at-fault driver’s car insurance company. If the car insurance company accepted blame, they would make the victim a settlement offer to cover car repairs, medical bills, and other damages. The victim could accept the offer or reject it and ask for more. If the insurer refused to cover all damages, the victim could consider filing a lawsuit and taking the company to court.
Beware! Insurance companies don’t always accept blame in an accident, even when fault is clear. They get especially dismissive when a serious, expensive injury is involved. They will attempt everything possible to remove blame from their policyholders to save money. Insurers can even push back on a Bakersfield PD car accident report.
To fight back and make an at-fault driver’s blame stick, victims sometimes need the help of a Bakersfield car accident attorney to back a claim with strong evidence. Cases are usually settled with a car insurance company, but in cases where an insurer still refuses blame, a skilled attorney will have a lawsuit ready and be prepared to take the insurer to court.
How a Car Accident Claim Is Handled in California
After an accident, having evidence to prove that you were not to blame will be key. The fault may be obvious, but insurance companies still like to find ways to deny claims, if only to see if you’ll give up your attempt to get compensation.
A California Highway Patrol accident report going over what an investigation found may be accepted, or it might not. Insurance adjusters might ask you to prove your innocence. It’s a good idea to have photos from the scene of your accident and eyewitness testimony to back up your claim.
Your first step would be to file an accident claim and turn over your evidence when necessary. Then the process may go a few different directions, depending on whether the insurer accepts responsibility and how much they choose to accept.
When a Car Accident Company Accepts Blame –
If a car insurance company accepts fault on behalf of its policyholder, then it would go over your medical charts and the bills you submit to come up with a settlement offer to send you. At this point, many victims accept what’s offered because they don’t realize they can reject it and seek more. This is a critical point, because accepting a settlement that doesn’t cover all of your doctor bills and lost income at work can leave you struggling with part of your accident debt now and down the road.
A skilled attorney would go over any offer with you and help you reject it if it didn’t meet all of your recovery needs. Then your attorney would demand more on your behalf. Your attorney would have already conducted a full investigation into your accident and medical recovery and would have the evidence needed to put pressure on the insurer to turn over more.
Beware! The amount of fault an auto insurance company accepts is of the utmost importance in a car accident claim. You should never sign off on a settlement that doesn’t cover all of your costs. Because down the road, when you have an injury flare-up or require more physical therapy, you can’t go back to ask an insurer for more. It’s a good idea to have a skilled attorney check over any settlement offer you receive.
When a Car Insurance Company Won’t Accept Fault in Your Car Accident –
If the auto insurance provider rejects your claim, and you take no legal action, you’d be left to face all of your economic damages yourself. Those hospital bills and physical therapy expenses would have to be paid out of your own savings.
This type of behavior from a car insurance company is unacceptable to Maison Law Accident & Injury Lawyers of Bakersfield. Our lawyers would take the fight to the insurer and be prepared to take them to court if necessary by filing a lawsuit.
Evidence would be key in any courtroom as well. The photos you took at the scene, the eyewitness contact information, and your pay stubs showing your income losses would all be very helpful to your attorney.
Your attorney would take all this evidence and add other key details like accident reconstruction team data and information from your doctor to show exactly what the insurance company should be liable for. Expert witnesses may be hired to talk about the seriousness of your injuries or the timeline of your accident.
Most cases are settled in negotiations with insurance companies, and the majority don’t end up before a judge and jury. Insurers want to avoid a trip to court because it’s expensive for them and also hurts the company’s image. In fact, your attorney represents the threat of a lawsuit. The fear of litigation usually makes insurers work harder to provide a fair settlement that covers all costs for the victim.
What Happens If I’m Struck By a Driver Without Insurance?
If you are struck by an uninsured driver, you could still get help with your car accident damages and hardships.
The uninsured driver may face penalties and could lose their vehicle and driver’s license, but that doesn’t really help the victimized driver in another car.
There are two main sources of support for victims struck by a motorist without insurance:
- Uninsured Motorist Coverage. Victims may be forced to file a claim with their own insurer. Most California policies come with uninsured/underinsured motorist protection (unless it’s rejected in writing by the policyholder). The victim’s insurer could be asked for help with medical bills, lost income while the victim can’t work, and other support.
- Civil Lawsuit Against the Uninsured Driver. Drivers can go after the at-fault motorist by seeking money directly through a lawsuit. The at-fault driver may have to sell off property to pay for the victim’s medical bills. Wage-garnishment is also possible.
A Bakersfield Car Accident Lawyer could assist the victim with seeking money from their own car insurance provider or from the driver directly. A lawyer makes sure any settlement or judgment in court leaves victims with enough to rebuild their health and their normal lives.
When Do I Need a Lawyer for a Bakersfield Car Accident Case?
If a crash leaves you or a loved one with a serious injury, and you weren’t to blame, it’s a good idea to speak with a real lawyer in a free case consultation.
Longer recovery times and higher doctor bills make car insurance companies fight harder to avoid accepting responsibility. They would like to get you to accept some or all blame for the accident. They also want to question how badly you were hurt. These tactics are all designed to limit the help you receive.
Your lawyer is a safeguard against these tactics. If you’re not sure if you need a lawyer or not, there’s a no-risk way to find out. We offer a free case consultation to all Kern County victims. It’s an opportunity to find out what your case is worth, and to enlighten you when an insurer is playing games with your case.
And if you do require a lawyer for your case, you don’t have to worry about how you’ll pay Maison Law Accident & Injury Lawyers. We don’t charge anything unless we win your case for you. Then our fee comes out of the settlement check that an insurer must write for you.