What am I entitled to after a car accident if it wasn’t my fault?
Being involved in an accident could be very stressful as you are scattered and looking around to see what the next steps should be. It could be even more stressful when you did not cause the accident yourself. The next steps you take after being involved in a Los Angeles accident are the most crucial steps when determining how you will file a lawsuit later on and hold the responsible party liable. In an accident, victims may suffer several different types of damages, such as medical bills caused by the injuries or lost wages.
Below Is an article that discusses what steps you should take after a car accident if it was not your fault.
- The first step is to remain calm. One of the most important things you should refrain from doing is giving a false statement. Unfortunately, sometimes people may try to think that they caused the accident and may say they were at fault when in reality they were not. During this time, it is important that you do not make any statements to other parties and remain calm. You also should not get upset or get angry at other parties.
- If you or any other party needs immediate medical attention, call 911 for assistance. Sometimes, it is important not to move an injured person because it just may make the situation worse.
- Move the car and other large objects out of the way to prevent another second accident. Sometimes, if the accident were to take place in a very busy street, it is advised that you move all large objects out of the way to prevent another accident and to prevent obstructing traffic.
- Gather information about the accident. Take as many photos as possible of the accident scene, along with your car damaged and all the other vehicles involved. If possible, make sure to get the information of all the eyewitnesses and all the other parties involved.
- Call the police. When the police arrive on scene, they will generate a police report. This police report will go into specifics as to how the accident occurred and the police officer’s opinion as liability. When the police officer is drafting the report, it is advised that you refrain from admitting any liability, but you should tell the police officer every fact you actually know that occurred during the accident.
- Get the other party’s information. Information that will be very important includes the driver’s license number of the at-fault driver, the insurance company and insurance policy number of the at fault driver, and the license plate number of the at-fault driver.
- When you get home, make sure that you record everything that you remember on a piece of paper. Lawsuits may take a couple years depending on the circumstances of the accident, and the liability of the defendants. Insurance companies may try to drag on the lawsuit as long as possible to avoid paying out a large amount. After a couple years, you may forget very specific important details about the accident. That is why keeping a journal about how the accident occurred will assist you when making a claim.
- Contact a car accident attorney to see how the attorney could help you file a claim against the at fault party. Hiring a top-rated car accident attorney will ease the stress and process involved with a car accident. An attorney will assist you every step of the way as you focus on your injuries. Our car accident attorneys will fight aggressively for your rights and negotiate with insurance companies and defendants.
- Depending on the circumstances of the accident, you may want to inform your insurance company about the accident, and file a claim. Sometimes, the at fault driver’s insurance may not cover all your damages. In that case, you most likely will have to file a claim with your own insurance company. For example, the other party’s insurance only covers property damage instead of medical bills. Some states, including California, allow personal injury protection, which means that if you were not responsible for the accident, you will still be able to recover the remainder of the damages you were not able to receive from the at-fault driver’s insurance company.
What is a third-party claim?
A third-party claim occurs when you file a claim with another insurance company. For example, if you file a claim against the at fault driver’s insurance company, it most likely will be considered a third-party claim. This is because you are the third party who is filing a lawsuit against an insurance company that did not insure you. The other responsible driver’s insurance must pay for the damages.
When you file this third-party Insurance claim, there is specific information you must have to file a claim. This includes the other driver’s home address, insurance policy information, and statements of the other driver. The first step to initiate a third-party claim is to call the at fault party’s insurance and to tell them that you have been involved in an accident caused by one of their insureds.
Sometimes, before paying out property damage claims, the insurance company may require you to have some type of receipt showing that your car needs to be repaired or replaced. When filing a claim for medical bills, the insurance company will most likely require receipts of the medical bills.
What if my vehicle was damaged in a no-fault accident?
If you were involved in a no-fault accident and your car was damaged, you may be able to recover the entire cost of your vehicle or the repair price depending on how damaged your vehicle is. If you were involved in a no-fault accident, you will receive compensation for your property damage, the amount of compensation depends on the severity of the damage. The damage amount will also take into consideration the car’s depreciation.
Who should pay my deductible in a no-fault accident?
If you were involved in a no-fault accident, then the at-fault driver’s insurance company should be paying your insurance deductible.
Will my car insurance rates go up after an accident caused by another party?
Your car insurance rates will not go up if the accident was caused by the other party. The insurance company, whether it is your insurance company or the at fault driver’s insurance company, will hold their own investigation. If the investigation reveals that the other driver was at fault, then your insurance rates cannot go up. California has several laws in place that prevent insurance rates from going up if you are not responsible for the accident.
If, after the investigation, it is revealed that you were responsible for the accident, then your insurance rates will go up. Further, if you have made several claims against your insurance company within the last couple years, then your insurance rates may go up. There are no laws in the state of California that prevent the increase of insurance rates based on the amount of times you have filed different claims.
Were you involved in a no-fault accident? Call our attorneys today to see how we can help you. Our car accident attorneys at Megeredchian Law are available 24/7 to help you with your claims against the at-fault party.