After a car accident in California, an individual’s first priority should be to get the medical treatment they need for their injuries. They should call 911 if they need an ambulance to report to the scene and possibly transport victims to the nearest emergency room. At the scene of an accident, if it is possible, an individual also wants to collect information from the other driver or drivers who were involved.
An individual who has been involved in a car accident also wants to call law enforcement to respond to the scene, even if the accident seems minor. First of all, law enforcement prepares a collision report on the scene that can help with insurance claims and lawsuits later.
In addition, they can make sure that the other driver or drivers give an individual all the necessary information about their identity, their car, and their insurance coverage and that the information is accurate.
When it is safe and feasible, an individual should call their own auto insurance company first to inform them of the accident. They want to do this on the day of the accident or as soon after it as possible.
A driver’s auto insurance company is legally obligated to investigate any accident that the driver reports. They need to know the facts about what happened and what evidence is available. A driver and their auto insurance company need to be prepared for the other driver to wrongly accuse the driver of causing the accident even if they did not. An individual may want to ask a lawyer about the role that auto insurance companies play in
In California, an individual’s insurance provider has a duty to act towards them with good faith and fair dealing. An insurance company should give their insured every benefit that their insurance policy promises them.
In California, an auto insurance company must pay for the losses their insured suffers from injury and property damage caused by an accident. This is true, of course, unless another driver’s insurance company acknowledges its own liability. They must also provide a driver with a legal defense when another insurer tries to claim that the driver is responsible for an accident they did not, in fact, cause.
If an individual thinks that their auto insurance company is not treating them fairly, they would contact a California lawyer for advice as to how to proceed.
After a driver has notified their auto insurance company, California law also requires them to report what happened to the California Department of Motor Vehicles (DMV) under certain circumstances. If property damage amounts to at least $1000 in property damage to one individual or if anyone is injured in any way, even if only slightly, a report must be filed with the DMV.
The California Highway Patrol (CHP) or the police do not make the report. Someone else must do it, whether it is an insurance investigator or one of the drivers. The report must be made within 20 days of the accident on Form SR1, which can be found online, at a DMV field office or a CHP office.
It is important to keep in mind that the California statute of limitations for car accidents is 2 years. So, a victim wants to keep in mind that if they must file a lawsuit to recover damages, they must do so within 2 years of the accident.
What Are Some Examples of Auto Insurance Conflict?
Generally, a driver or someone else injured in a car accident may develop a conflict with an auto insurance company, their own or that of another driver whose negligence has caused them injury and damage, because they believe that they are entitled to more in compensation for their losses than an insurance company believes they should receive.
For example, more than one driver can be responsible for causing an accident. They are comparatively negligent. In a case such as this, the other driver can file a claim against one driver and that driver can make a claim against the insurance of the other driver.
Obviously, a dispute can develop about the degree of each driver’s responsibility. Each driver and each auto insurance company has an interest in minimizing their own degree of responsibility, and the evidence may be such that it is difficult to specify each driver’s share in numbers.
How Does Car Insurance Work When I Am Not at Fault?
If a driver is involved in an accident which they clearly did not cause, then they should be able to recover compensation for their losses from the insurance company of the driver who is at fault for causing the accident.
Or, if the driver at fault does not have insurance or cannot be identified and located, the victim would hopefully recover from their own uninsured/underinsured motorist coverage, as noted below.
If you have specific questions, you should contact a lawyer who can help with car accident insurance claims.
What Happens if the Person at Fault in an Accident Has No Insurance?
An individual’s auto insurance policy in California should include what is called “uninsured/underinsured motorist coverage” (UMC/UIM). This is insurance coverage that is included in every individual’s policy unless they specifically waive it in writing. However, an individual should not forego and waive UMC/UIM coverage, because they need to have it if they are in an accident caused by another driver who does not have auto insurance.
Experts tell us that 1 in 6 drivers do not have any insurance at all. Most people would not be able to compensate others whom they injure or to whom they cause damage if they do not have auto insurance. So, it is important to have UMC/UIM coverage. If an individual is injured by an uninsured or underinsured driver, they may then still collect compensation for their losses from their own insurance company.
UMC/UIM coverage pays when another driver does any of the following:
- Is at fault in causing an accident but does not have any auto insurance l
- Is at fault in causing an accident but does not enough insurance coverage to fully compensate others for their losses
- Is at fault in causing an accident but flees the scene and can never be identified and located.
The standard amounts of UMC/UIM coverage in California are as follows:
- $30,000 for bodily injury or death per person
- $60,000 total all bodily injury or death per accident
- $15,000 for property damage.
What Should I Know About Suing My Auto Insurance Company?
If a person believes that their insurance company has rejected a legitimate claim they have submitted and has done so in bad faith, they may file a lawsuit against the company.
In California, a person would allege breach of contract and insurance bad faith. As for breach of contract, the contract is the insurance policy. If the insurance company fails to provide the coverage that it is obligated to provide under the provisions of the policy, they have breached the contract.
As for insurance bad faith, again, an insurance company owes their insureds a duty of good faith and fair dealing. If they breach that duty, they can be liable for damages. This would be a tort claim and the insured would be able to seek both economic and non-economic damages.
They could recover the original amount they were due for their claim that was wrongfully denied. They would also be entitled an amount for emotional distress, other economic losses, and in cases in which the insurance company’s conduct was especially egregious and reprehensible,
In California, punitive damages may be rewarded to claimants in cases of bad faith conduct that is “willful, egregious, and widespread.” For example, an insurance company that has consistently acted in bad faith may be required to pay punitive damages.
The statute of limitations on bad faith claims in California is 2 years for a tort claim of bad faith and 4 years if the claim is for breach of contract.
Do I Need a Lawyer for Car Insurance Issues?
If you have a dispute with an insurance company, you want to consult a California insurance attorney. LegalMatch.com can connect you to an attorney who can review the facts of your situation and the insurance policies involved. They can negotiate a settlement, or failing that, guide you through the process of filing a lawsuit.
Or, if you have been injured in a car accident and want advice about how to deal with your insurance company and those of any other drivers involved, you, too, want to talk to a California insurance attorney. Often, having an attorney from the beginning of the claim process can lead to a quicker resolution than might otherwise be possible.
