Understanding Your Legal Rights After A Car Accident

It is important to understand your legal rights after a car accident in California to ensure that you receive fair compensation and proper treatment. California has specific laws and regulations governing car accidents, and knowing your rights can help you navigate the process effectively.

Right to Medical Attention

Your health and well-being are the top priorities after a car accident, and you have the right to seek immediate medical attention for any injuries sustained. Therefore, ensuring you get prompt medical evaluation following an accident is important, as it creates a documented record of your injuries, which can be essential for any subsequent legal claims.

Right to Exchange Information

The California Vehicle Code requires all drivers involved in an accident to exchange information. This includes names, addresses, driver’s license numbers, vehicle registration numbers, and insurance details. This step is necessary for filing insurance claims and any potential legal action. The only exception is if the accident renders you unable to do so. 

If the accident results in injury, death, or significant property damage over $1,000, you are legally obligated to report it to the California Department of Motor Vehicles within ten days. This report is made using an SR-1 form. Failure to do so can result in penalties, including the suspension of your driver’s license. Additionally, a police report should be filed, which can serve as an important piece of evidence in your case.

It is important to note that while you must report the accident and exchange information, you are not required to give immediate detailed statements to insurance adjusters without consulting a lawyer. Of course, insurance companies will try to get you to make statements immediately following an accident so they can use your statements against you to minimize their liability. 

Right to Compensation

If you are injured in a car accident due to another party’s negligence, you have the right to seek compensation. This can cover medical expenses, lost wages, property damage, and pain and suffering. 

California follows a “comparative negligence” rule, meaning the amount you can recover is reduced by your percentage of fault compared to that of the other party.

Right to Legal Representation

You have the right to consult with and hire a lawyer to represent your interests. An experienced car accident lawyer can help you understand your rights, negotiate with insurance companies, and represent you in court if necessary. They can also help gather evidence, interview witnesses, and build a strong case to maximize your compensation.

If a fair settlement cannot be reached through negotiation, you have the right to file a personal injury lawsuit against the responsible party. California’s statute of limitations for personal injury claims is generally two years from the date of the accident. 

Contact a Los Angeles Car Accident Attorney

Understanding and exercising your legal rights after a car accident is essential to protect your interests and secure the compensation you deserve. Consulting with a knowledgeable car accident lawyer can help you navigate these rights effectively, providing peace of mind and the best possible outcome in your case. Contact Pathway Law Firm for all of your legal representation needs after a car accident.