Car accidents may result in great financial and emotional costs. Victims tend to ask how much they can sue for damages. It varies depending on a number of factors, such as the severity of the injury, medical bills, lost income, damage to property, and pain and suffering. California is also a comparative negligence state, so compensation can be cut back if the injured party is responsible to some degree.
Knowing what factors affect car crash settlements and lawsuits can enable victims to estimate what damages they can expect and make the most appropriate decisions.
11 Crucial Steps to Take After a Car Accident
A car accident may leave you confused, angry, and not knowing what to do next. Whether it’s a minor fender bender or a serious collision, doing the right things immediately after the accident can safeguard your health, legal interests, and financial security. From making safety arrangements at the scene to dealing with insurance claims and possible legal proceedings, having an idea of what to do can make a big difference in the outcome.
Following are 11 important steps to take after a motor vehicle accident to assist you in handling the aftermath successfully:
1. Check for Injuries and Ensure Safety
Medical costs are often the most significant factor in determining compensation. These expenses can include:
- Emergency medical treatment – Ambulance rides, emergency room visits, and initial medical care.
- Hospital stays and surgeries – If the injuries require extensive care.
- Doctor visits and follow-ups – Regular checkups and specialist visits.
- Physical therapy and rehabilitation – Necessary for long-term recovery.
- Prescription medications – Pain relief, antibiotics, or long-term medications.
- Future medical care – If the victim requires ongoing treatment, surgeries, or home care.
2. Call the Police and Report the Accident
In many states, you are legally required to report an accident if there are injuries or significant property damage.
- Call 911 and wait for law enforcement to arrive.
- Provide an honest account of what happened but avoid admitting fault.
- Obtain the police report number and the officer’s name and badge number.
- Request a copy of the police report once it’s available, as it can be valuable when filing an insurance claim.
3. Exchange Information with the Other Driver
Gathering the right details at the scene is crucial. Be sure to collect:
- Full name and contact information of the other driver.
- Driver’s license number.
- Vehicle make, model, and color.
- License plate number.
- Insurance company name and policy number.
If there are multiple drivers involved, repeat the process for each party.
4. Document the Scene and Gather Evidence
Proper documentation can strengthen your case in an insurance claim or lawsuit.
- Take photos and videos of the accident scene, including:
- Vehicle damage from multiple angles.
- Road conditions (e.g., skid marks, debris, traffic signs).
- Any visible injuries.
- The position of the vehicles after impact.
- Get witness statements and contact information.
- Make personal notes about how the accident happened while details are fresh in your mind.
5. Seek Medical Attention
Even if you feel fine, it’s important to see a doctor. Some injuries, such as whiplash or internal injuries, may not show symptoms immediately.
- Visit a doctor as soon as possible.
- Keep medical records, prescriptions, and bills.
- Follow all recommended treatments to ensure proper recovery and strengthen your claim.
6. Notify Your Insurance Company
- Report the accident to your insurer as soon as possible.
- Provide accurate information but avoid admitting fault or speculating on details.
- Send any required documents, including the police report, medical bills, and repair estimates.
- Follow up regularly to check on the status of your claim.
7. Be Cautious When Speaking to the Other Driver’s Insurance
If the other driver’s insurance company contacts you:
- Do not give a recorded statement without consulting an attorney.
- Do not accept a settlement offer without reviewing your damages.
- Be careful with what you say, as anything can be used to minimize your compensation.
8. Determine Fault and Legal Liability
Determining who is at fault is crucial for compensation. California follows a comparative negligence rule, meaning compensation may be reduced based on each party’s percentage of fault.
Evidence that helps establish fault includes:
- The police report detailing the officer’s observations.
- Traffic laws that may have been violated.
- Witness statements supporting your version of events.
- Dashcam or surveillance footage capturing the accident.
9. File a Claim and Negotiate a Settlement
Once you submit your claim, the insurance company will investigate and offer a settlement.
- Review the offer carefully to ensure it covers medical expenses, lost wages, and vehicle damage.
- Negotiate if the offer is too low. Many initial settlements are lower than what victims deserve.
- Consult an attorney if needed. A lawyer can help negotiate for a fair amount.
10. Consider Hiring a Car Accident Lawyer
If your accident involves serious injuries, disputes over fault, or an insurance company refusing fair compensation, hiring a lawyer may be beneficial.
A car accident attorney can:
- Gather evidence to prove liability.
- Handle all communications with insurance companies.
- Negotiate a higher settlement amount.
- File a lawsuit if necessary.
11. Know the Legal Deadlines for Filing a Lawsuit
In California, you generally have:
- 2 years to file a personal injury lawsuit.
- 3 years for property damage claims.
- 6 months if filing against a government entity.
If you wait too long, you may lose your right to seek compensation.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
