In this article, you will find out:
- How to prepare for filing a personal injury claim.
- How being at fault may impact your claim.
- How being hit by an uninsured or underinsured driver affects your chances of recovering losses.
I Was Injured In A Car Accident Near Fresno, California. What Do I Need To Do If I Want To File A Personal Injury Claim Against The At-Fault Driver?
Taking the following steps when filing a personal injury claim in California best sets you up for success in your case.
- Get the accident document.
- Exchange information with the other driver.
- Submit the appropriate information to the police.
- Call the police if they are not responding.
- Get treatment.
Upon getting treatment, it is essential you partner with a qualified personal injury attorney. Doing so will ensure you get the best protection possible off the bat. Also, note that you have two years to file a suit on the auto accident in California.
The most important thing to do in your auto accident case is to establish fault and subsequent damages. Getting a diagnosis and treatment from an expert promptly proves your damages upfront, helping to maximize your compensation.
If you are going to file a suit against the at-fault driver, it is possible to do it on your own. However, you are much more likely to be successful with an attorney at your side. In addition, the other party’s insurance company will likely take your case much more seriously if you do.
I Was Partially At Fault For My Car Accident. How Does This Impact A Personal Injury Claim In California?
How your case develops depends on the degree to which you were at fault in your accident will impact your personal injury claim.
If the responding officer determines that you are partially or totally at fault, it does not necessarily mean that the jury of your case will reach the same conclusion in court, nor does it mean that qualified experts will either. A police report that is not in your favor is not an automatic bar to your recovery. If your injuries are severe and a strong argument in your favor is made, the jury will decide your claim after weighing all the evidence. Determining this may include getting expert witness testimony, eyewitness testimony, and physical evidence from the scene of the accident.
The jury of your case will be asked to determine fault if it cannot be before going to trial. They will also be given instructions on the comparative fault to the parties and decide based on the evidence provided during the trial. This determination rules who was at fault and the degree to which they were.
If it determines you are at fault at all, the verdict will be reduced proportionally to your fault. For example, if you are 20% at fault and the opposing driver 80%, your verdict will be reduced to 80% of what the jury awarded.
If I Was Hit By An Uninsured Or Underinsured Driver In California And Injured, Do I Have Any Chance Of Recovering Financially?
Whether you have any chance of financially recovering from being hit by an uninsured or underinsured driver depends on several factors.
You can file a suit against the uninsured or underinsured driver. If they are uninsured, it will significantly limit your ability to recover, particularly if the value of your damages exceeds their personal assets. If they have no insurance, it is very likely they do not have assets that will be sufficient to satisfy your judgment.
If they are underinsured, it will likely be tendered if you have any injuries at all. Your ability to recover after that will greatly depend on your insurance coverage. For this reason, it is imperative when you buy an insurance policy that you get underinsured and uninsured motorist coverage. Doing this means you are not dependent on anyone else to take care of you, especially someone who does not follow the basic rules of the road to begin with.
By buying a policy with this type of coverage, you protect yourself and can claim up to the policy limit. For example, if you have a $100,000 policy, you have the potential to recover $100,000. If you can afford it, we recommend a minimum of $100,000-$300,000 that will cover you for 90% of car accidents that are probable to occur.
Additionally, more comprehensive policies are better if you own a business, are married, have children, or have valuable assets. They protect you if you are at fault. If they include UM and UIM coverage, they will also protect you if an uninsured or underinsured person hurts you.
With the guidance of a skilled attorney for Auto Accidents Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy.