If you have car repair bills and medical bills from an accident you didn’t cause, it’s wise to file a claim with the at-fault driver’s insurer. California allows victims to seek recovery help from those responsible for car accidents. At-fault drivers can be held liable for economic damages and non-economic damages after causing a collision.
The key is to make sure a car insurance company is treating you fairly and accepting full blame. Unfortunately, insurers like to raise questions about nearly everything, all in an attempt to avoid having to offer any money in a settlement claim. Even in an accident that’s clear-cut, they can try to shift the blame to you or make it seem like your injuries aren’t that bad.
Maison Law Accident & Injury Lawyers of Bakersfield is a legal shield against these types of tactics. You can discuss your case with a real lawyer in a free case consultation to find out if you’ll need this protection and how much your case may be worth.
Filing a Claim with The At-Fault Driver’s Car Insurance Company
After a scary impact on a busy route like Union Avenue or Highway 99, you may be in a bit of shock. You may be feeling some pain from a broken arm or a hard bump to the head.
Getting medical care is the first priority, but after you get sent home from the emergency room, it’s a good time to think about who will be responsible for the crash. That includes who should be paying for your ambulance ride, your doctor’s examination, and your missed time at work.
Victims can be hit with sudden bills and see the economic effects of an accident a year or more after the collision.
You should alert your own car insurance company about what happened. No matter who was to blame, this is an important step. You’ll want your insurer to know about the accident before someone else notifies them. That includes the at-fault driver who may try to call your insurer and act like it was your fault.
Then, you’ll want to file a claim with the at-fault driver’s car insurance provider. These are a few of the important steps in the claims process:
- Collect Evidence and Important Documents. Remember to take photos at the scene of any accident you are involved in, if possible. Get statements from the witnesses you collected contact info from at the scene. Secure the Bakersfield PD or CHP accident report for your accident. Also, secure your medical charts affirming your injury and how long recovery will take. Stack up your paystubs from before and after the accident. This can show how much you’ve lost while being unable to perform job duties. If you have a Bakersfield Car Accident Lawyer, your lawyer will also be investigating your case, collecting evidence, and helping you secure documentation.
- Submit Your Claim. Send your injury claim to the at-fault driver’s insurer. Include copies of your evidence and a full list of the hardships you expect the insurer to compensate. That can include medical expenses, lost income, and the cost of travel for medical appointments. The physical pain and mental trauma you’ve been put through should also factor in. If you have an attorney, your lawyer files your claim and makes sure nothing is left out. Your lawyer also handles all the frustrating steps so you can focus on healing.
- Negotiate Your Settlement. The car insurance provider will consider the claim and, if it accepts the blame, will offer you a settlement. You’ll have to examine the settlement. The first one is often a “lowball” offer that leaves some of the accident expenses to you. Many accident victims don’t know they can reject this offer and demand more. An experienced lawyer will know what your case and suffering should be worth and insist on that figure for you. Our lawyers are skilled negotiators used to going up against giant insurance companies and winning the most for our clients.
- Accept a Settlement. If you approve a settlement, you’ll receive a check. Remember, once you sign off, the insurer won’t be liable for any other part of your recovery. You can’t go back and ask for more in support if you suddenly need surgery on a broken arm that wasn’t fully healed. Make sure your compensation leaves you covered in the years ahead. If you have a lawyer working for you, your attorney would only get paid if they won your case. Then the attorney’s fee would come out of your settlement check, so you never had to dip into your own savings for anything.
- File a Lawsuit. This step only applies if the car insurance company won’t accept blame for everything you’ve been through or won’t provide enough financial help. Taking an insurance company to court will be complex, and it’s really something you should trust a lawyer to do. Your lawyer will have a lawsuit backed with evidence and already prepared to file. This can be a threat that finally gets the car insurers to treat you fairly. They usually want to avoid going to court, because it’s expensive for them. A lawsuit is often an incentive to make them reconsider and offer you a just settlement. And remember, they can still decide to settle with you, even after the trial has started.
When Do I Need a Lawyer for a Bakersfield Car Accident Case?
If your accident only involves car damage, you can usually do okay by handling your case yourself. But if your collision 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, no-obligation case consultation. A good attorney can often secure you much more than you could hope to win by handling your case yourself.
And if you do need a lawyer to represent you, 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.