If you’ve been in a crash that was not your fault, a car accident attorney in Los Angeles can help recover your losses. Crashes happen for many reasons and obtaining compensation from an insurance company or other party can be challenging. Another challenge is California’s comparative fault system, in which two or more people can share the blame for an accident. If an insurer claims you’re partially responsible, the monetary award will be reduced accordingly.
A car accident can leave you with serious injuries. On top of the pain and suffering, the cost of medical bills, vehicle repairs, and being out of work with little or no income can be overwhelming. An attorney can prove you’re not at fault, but the reasons you need one don’t only account for blame. They can provide the guidance and representation to get the financial compensation you need and deserve.
Why You Need a Car Accident Attorney In Los Angeles
After a car accident, consulting an experienced attorney to discuss your legal options should be one of your priorities. However, your health and safety are most important. Check if you, your passengers, and occupants of other vehicles are injured. Call 911 if you’re unable to move and wait for the paramedics. Take photos of the crash scene if possible, or have someone do it for you, to document injuries, vehicular damage, the position of vehicles, and your surroundings.
Whether first responders take you to a hospital or you schedule a doctor’s appointment immediately, seek medical treatment even for minor injuries. They may be more serious than you think. Prompt treatment can prevent your condition from worsening. Also, the medical care and documentation of related costs help to strengthen your claim.
What is the role of a car accident attorney in Los Angeles in all this? Even when you’re not at fault, the legal process can be complex. Your personal injury lawyer fights for your rights and handles insurance companies that claim you’re at least partially responsible. Proving fault requires extensive knowledge of the legal system. It’s important to have a legal representative who can:
Handle All Types of Car Accident Cases
Most car accident law firms offer free consultations. At The Law Offices of Jacob Emrani, we’ll meet with you at no cost and work on a contingency fee basis, so you pay us nothing out of pocket. Our team can handle:
- Crash cases that involve serious injuries or death
- Accidents that involve multiple parties
- Incidents caused by negligent or reckless drivers
- Crashes involving uninsured drivers
- Crashes involving commercial trucks or other large vehicles
You can also depend on your attorney to:
Investigate the Accident
A car accident lawyer must conduct a thorough investigation into the accident. To help this process, gather as much evidence as possible after the crash. Your attorney will need photographs, medical records, police reports, witness statements, and other evidence to build a strong case. The better they can support your claims, the fairer the settlement amount they can recover.
Help File Insurance Claims
Filing a personal injury claim with the at-fault driver’s insurance company can be complicated. Here are some issues that can be tough to navigate without an experienced attorney:
- Uninsured/Underinsured Drivers: California has minimum insurance coverage requirements. These include at least $15,000 in bodily injury liability coverage for one person in a single accident, at least $30,000 in bodily injury liability coverage for all individuals in an accident the policyholder caused, and at least $5,000 in property damage liability coverage for the injured driver’s vehicle repair costs.
However, due to the state’s high rate of uninsured drivers, the California Department of Motor Vehicles (DMV) recommends purchasing underinsured/uninsured motorist coverage. If the at-fault driver is not insured or doesn’t have enough insurance, you may have to file a claim on your auto insurance policy and then file a personal injury claim against the driver.
- Negotiations: Negotiating with an insurance company isn’t easy. This is one of a car accident attorney’s primary objectives. They have the knowledge and skills to evaluate your damages and present evidence. Your lawyer will also ensure your rights are protected. Insurance negotiations can go back and forth several times. Lowball offers and claims denials can be discouraging, but attorneys know how to handle such complications and get negotiations on track.
- Insurance Tactics: Insurance companies use many tactics to limit payouts, no matter the severity of your injuries or financial difficulties. Some tactics include calling and using the information they obtain against you, requesting recorded statements, delaying insurance claims, and disputing liability. They may also request medical authorization to contact providers and find evidence of past injuries, conditions, pain, etc., and claim your issues weren’t caused by the accident.
Determine Economic and Non-Economic Damages
Different types of damages can be pursued in a car accident case. A car accident attorney in Los Angeles is familiar with the damages you can be compensated for if you’re not at fault. They can determine whether you’re eligible for the following:
- Lost Wages/Earning Capacity: Your lawyer can consider the income or hourly wages you would have earned and overtime pay, paid time off, or sales commissions you would have received had you not been injured. Aside from considering various income sources, they can also account for lost earning capacity if you can’t perform previous work duties. This often leads to being terminated or forced to switch to a lower-paying role.
- Past and Future Medical Bills: You can be compensated for economic losses such as accident-related medical expenses you’ve already paid and those you anticipate will arise in the future. Proving these losses requires gathering the appropriate documentation, which your attorney can help you with. The need for ongoing medical care and treatment can significantly impact your case’s value, leading to a higher settlement.
- Pain and Suffering: Ongoing pain due to injuries sustained in a car accident, mental and emotional distress, scarring, disfigurement, and anguish can have a big impact on your life. Therefore, your attorney can pursue non-economic damages. While not easily quantifiable, they can result in significant compensation if the evidence proves your quality of life was profoundly diminished.
- Loss of Consortium: Loss of consortium is also in the category of non-economic damages. It can be pursued if an injury prevents someone from providing the same level of love, companionship, or services for their spouse or a close family member. The agreed-upon amount depends on the severity and duration of the injury.
- Punitive Damages: If the defendant’s particularly reckless, dangerous, or malicious behavior caused an accident, punitive damages can be awarded to punish them and discourage similar behavior. Punitive damage awards are often substantial. Since 2019, multi-billion-dollar settlements have not been unheard of, although actual amounts can be less than an initial settlement agreement or jury verdict.
Navigate California’s Comparative Fault System
Car accident attorneys in Los Angeles must consider the principle of pure comparative negligence. State law recognizes accidents can be caused by multiple factors and more than one party. Even if you’re partially at fault for an accident, you can still be compensated for damages, although your compensation will be reduced based on your degree of fault.
Your attorney’s main goal is to prove you’re not at fault for the accident. However, depending on various factors, you could share some responsibility. If you’re found to be 25% responsible, your potential compensation will be reduced by 25%. Determining your percentage of fault involves complex legal calculations and extensive negotiations between attorneys and insurance companies. When negotiations don’t result in a settlement, a court can intervene and determine each party’s degree of liability and the compensation they receive.
However, for many reasons we’ve covered, this doesn’t mean you shouldn’t hire a car accident attorney if you’re not at fault.
Recover Your Insurance Deductible
If not at fault for the accident, you won’t pay the at-fault driver’s insurance deductible. However, you will pay your policy’s deductible if you file a claim with it. In this case, you can get your money back through deductible recovery. The process isn’t quick. Using subrogation, your insurer can get the money it spent back. Then your deductible will be returned to you.
To be repaid, hold on to any records showing you paid the deductible. It can take up to six months to get the money back. Insurers don’t always return the money on time or at all, but your attorney can ensure the insurance company fulfills its obligations.
What Should I Do If I Don’t Have a Police Report?
A police report can provide evidence that clarifies who was at fault. It also documents the severity of the accident and your injuries. The information can be the foundation for a lawsuit. However, just because you don’t have a police report doesn’t mean you can’t pursue an insurance claim or legal action. Without one, the following can help strengthen your claim:
- Collect as much evidence as possible from the accident scene.
- Obtain witness statements and hire expert witnesses to analyze the accident.
- Seek immediate medical attention and keep copies of all medical records.
California state law requires a police report to be submitted within 24 hours if an accident involves injuries or property damage over $1,000. A police report is an authoritative document that can:
- Establish fault
- Provide relevant evidence
- Reveal officer-issued citations
- Validate accident-related expenses and claims
- Prevent others from making false claims
Call Jacob: The Leading Car Accident Attorney In Los Angeles
Even if you’re not at fault for an accident, you need a car accident attorney in Los Angeles to protect your rights. An insurance company can use many tactics to reduce your payout. We work on your behalf to avoid this and build a strong case. Whether the at-fault driver is 100% to blame or other factors, such as defective parts or a dangerous intersection, contributed to an accident, our team will find the evidence and fight to maximize your compensation. Call (888) 952-2952 to schedule your free consultation.