Did You Have a Car Accident in Los Angeles?

If you or a loved one has ever been involved in a motor vehicle accident, your first instinct was likely to call 911. That will always be the number one call to make at the scene of an accident. First, you may need immediate medical attention or another party, either in your own vehicle or the other car, may need medical care.

All parties will need to be tended to in a manner consistent under California law. The latter means that if you are alert and able to communicate and you are able to see any visible signs that a passenger or party in your car or the other vehicle is in distress or needs medical care; you are obligated to ensure that they receive the care that they need. The same is true for the other driver if you are incapacitated or in need of help. This is why leaving the scene of an accident can be considered a crime.

No Immediate Signs Of Distress

Because of the impact, nature, and speed of an accident; it is common for some people to be overcome with some form of adrenaline, shock, panic, and any other number of emotions thereby not feeling any immediate impact or pain as a result of an accident. This does not mean that there has been no injury or trauma, it means that you may not realize that you have an injury or are hurt, nor to what extent the damage sustained may be.

Do I Have To Report The Accident?

In many cases, because the damage appears to be minimal, you may ask yourself if it is necessary to report the incident. California Law states that you should contact law enforcement if the property damage is in excess of $750 within 10 days of the date of the damage. Not notifying the department of motor vehicles can lead to a suspended driver’s license. An experienced Personal Injury Attorney will advise that you should always report an accident, no matter how minor.

More importantly, you may not know what the consequences of the accident’s effect on your own personal health and wellbeing will be, thus, it is important that you document everything as well as seek medical care. Often, an individual will not feel the effects of an accident, no matter how minor, until the next day or even until several days following the accident injury.

Following The Accident

The severity and extent of each accident are unique to each individual circumstance. No accident is created equal and therefore, one victim’s injury, pain, and suffering will be different from person-to-person. It is a good idea to exchange insurance information with the other driver regardless of the severity of the accident or injuries. It is also vital to retain any witness contact information for future reference.

Unless you are obstructing traffic, you will leave your car in the exact same position it was left in after the accident occurred. It is important to preserve the scene of the accident so that law enforcement can conduct their own initial investigation upon arriving on the scene. Law enforcement will document the incident after the fact and deduce who was at fault based on their observations.

Fault Or No-Fault In California

No-Fault

In many cases, regardless of who is at fault, no-fault is where the insurance carrier covers the cost of its own insured’s injuries (minor). In many cases, the costs include lost wages, out of pocket expenses, and even medical care.

Fault

In the case of Fault as it pertains to personal injuries, the insurance carrier of the person found to be “at fault” would be responsible for the costs to the injured driver. In addition, the injured driver may also personally sue the other driver.

At Fault In California

While many states nationwide are considered no-fault states, the state of California is not. California is an At-Fault state. The injured driver has the ability to file a personal injury claim against the other driver’s insurance to cover their costs. In addition, should the injured party not be in agreement with any settlement, they have the right to sue for further damages and can then personally pursue legal action for those damages by suing the other driver.

Were You Injured In A Car Accident? Call Lewin Law Group today to learn how we may be able to assist you.