No one plans on an accident, yet about four thousand fatal car accidents occur in California each year—a high number second only to Texas. Because traffic accidents are unfortunately common, California requires drivers to carry at least the minimum car insurance requirements, including $15,000 in injury coverage per person, $30,000 in total injury coverage per accident, and $5,000 in property damage. Drivers who decline to carry insurance in California must make a cash deposit of $35,000 to California’s DMV to cover potential damages to others in an accident under the state’s fault-based car accident laws.
Recovering from the trauma of a car accident is distressing, especially if you or a loved one suffered injuries. While physical recovery is your top priority, financial recovery becomes important as well once the dust settles after the crash. How long does a California driver have to report a car accident to their insurance company?
Reporting a Car Accident In California
California has no statewide mandate for reporting a car accident to an insurance company. Instead, drivers should read the terms of their insurance policy which include the company’s required time-limit for reporting accidents. The best practice after an accident is to report it to your insurance company as soon as possible, after first dealing with medical emergencies. Accident victims must also report the crash to the police within 24 hours if the police do not arrive at the scene. All accidents must be reported, but the law requires the police to come to the scene of an accident if there are any injuries, fatalities, or at least $1,000 in property damage.
California’s Pure Comparative Negligence Insurance System
California has a fault-based insurance system. Car accident survivors with damages like property damage, medical expenses, and lost wages must file claims against the insurance company of the person at fault for the accident. Under this system, even those who contribute to the cause of the accident may recover compensation but the insurance company subtracts their percentage of fault from the amount of compensation they pay for damages. In other words, if an accident victim’s claim is for $100,000 but the insurance company of the at-fault party determines that they were 25% at fault for the accident they would recover $75,000. This system benefits accident victims by allowing them to recover at least a portion of their damages even if they were partly at fault but it may also incentivize the insurance company to assign an injury victim with extensive damages an undue percentage of fault. In these cases, an experienced car accident attorney protects their client’s rights and best interests.
Steps to Take to Protect Yourself After a Car Accident in California
In a state like California with a fault-based insurance system, an accident victim may be able to take purposeful action to protect themselves after a car accident if they can safely use their cell phone or ask an uninjured person to use it for them. After an accident, it helps to document evidence at the scene before emergency services move the vehicles out of their resting positions. Take the following steps to protect your physical and financial well-being after a California car accident:
- First, call 911 to report the accident and request the police and emergency services if there are injuries or property damage
- Use the phone’s camera to take photos of the damaged vehicles, their positions, and anything relevant to the cause of the accident like a traffic light or signs
- Photograph any visible injuries
- Add the contact and insurance information of the other driver or drivers
- Add the contact information of any eyewitnesses to the accident—eyewitnesses are often a key component of a strong case against an at-fault driver, especially in places without traffic cameras or nearby security cameras
Always go directly to a hospital or urgent care center after an accident and have a complete evaluation as well as treatment for obvious injuries. Report the accident to your insurance company as soon as possible. Then, request a copy of the police report once it’s complete and hire an attorney. Direct all communication with the insurance companies to your Van Nuys car accident lawyer.
