Founder and Managing Partner
A simple misstep after a California car accident can jeopardize your claim against an insurance company. In a personal injury lawsuit, this means you could lose thousands of dollars in a matter of seconds. Therefore, it is crucial that you understand and keep in mind what NOT to do after a car accident.
1. Not calling the police: California law requires you to call the police if you are involved in a traffic accident, whether you are injured in any way or caused injury, death, or property damage. Failure to contact authorities can often result in a misdemeanor charge. From the victim’s point of view, not having a detailed police report will make it more difficult to prove that another driver was at fault for your injuries.
2. Not receiving medical treatment: Many people underestimate the seriousness of their injuries. However, some can take days or weeks to show symptoms. If you wait too long for treatment, the defendant’s insurance company may argue that your injuries are caused by causes outside of the car accident, which could cost you your case.
3. Not gathering evidence: It is crucial to gather as much evidence as possible after being in a car accident. These can serve to support your claim and show that you deserve the compensation you seek. If possible, always start by taking photos of the scene and obtaining the contact information of any witnesses on the scene.
4. Not talking to a lawyer: As a plaintiff, you should at all costs avoid talking to an insurance adjuster without first consulting with a qualified attorney. An adjuster will try to obtain a statement that could be used to deny or reduce the amount you are seeking to obtain on your claim.
5-Not filing your claim on time: The deadline to file a personal injury claim in California is two years from the date of the accident. If you do not file your claim within that period, you will legally lose the right to receive any type of compensation.
In addition to making sure you avoid these common mistakes after a car accident, it’s important to remember that no matter what situation you face, you have the following rights:
- You have the right to remain silent.
- You have the right to receive free medical treatment.
- You have the right to compensation for material damage.
- You may be entitled to compensation for non-material and emotional damages.