California’s fault-based insurance laws require a car accident victim to file a claim against the party responsible for the accident. Under the state’s pure comparative negligence system, compensation for common car accident damages like property damage, lost wages, and compensation for pain and suffering comes from the at-fault party’s insurance. A successful claim requires providing compelling evidence of the responsible party’s liability. The police report of your car accident is a critical component of a successful California car accident claim.
Do the Police Always Come to an Accident Scene In California?
California requires car accident victims to report the accident to the police within 24 hours of the crash. If there are injuries, fatalities, or property damage of over $1,000, those involved must report the accident immediately and remain at the scene until the police arrive. Once the police clear an accident victim to leave the scene, it’s essential to go to the hospital either in an ambulance for life-threatening emergency injuries, or by arranging transportation to the hospital from the accident scene.
While addressing safety and medical attention takes priority during the hours after a car accident, in the days that follow, it’s necessary to obtain a copy of the police report of the accident as soon as possible to make a compensation claim against the at-fault party so you can recover compensation for your damages.
Obtaining Your Police Report After a Car Accident In California
You can obtain a copy of the police report of your accident by contacting the local law enforcement office in the area where the accident occurred. You may also obtain a copy by using the online record request form. By entering the date, time, and location of the accident, you can access the report. A complete report may take ten days or more to become available. You can also request a copy by phone by calling 1-800-TELL-THP. There is a small fee necessary to obtain a copy of the report.
In some cases, the officer who arrives at the accident scene may give you a slip of paper with information about how to obtain a copy of their report, which is generated at the scene and includes the officer’s critical observations. The paper may include your accident report number, which is a significant shortcut to obtaining the report without having to search by the accident date and location.
How Does the Accident Report Help My Car Accident Claim?
When the police create a car accident report, it contains information that’s crucial to the outcome of a compensation claim. This information includes the following:
- The time, date, and location of the accident
- The contact information and insurance information of all involved drivers
- The contact information of eyewitnesses and sometimes eyewitness quotes describing the accident
- The officer’s assessment of the accident, including their evaluation of how the accident occurred and which driver was at fault
The state’s pure comparative negligence laws require the insurance company to assign proportionate fault to both drivers involved in a car accident.
How a Police Report Impacts Your Case Under the State’s Pure Comparative Negligence Insurance Laws
Depending on the circumstances, one driver may be completely responsible for an accident, but in other cases, both drivers may have contributed to the accident. The insurance company deducts an injury victim’s percentage of fault from the total compensation they pay out on a claim. For instance, if your claim is valued at $100,000 but the insurance company assigns you 25% of fault for the accident, they can reduce the payout on your claim to $75,000.
Having an experienced Van Nuys car accident attorney work with crucial evidence like your police report and eyewitness testimony helps to prevent the insurance company from assigning you an undue percentage of fault.
