Being involved in an auto collision, especially if you were hurt, can be a confusing time. However, you must understand your rights after a car accident to avoid making mistakes that may hurt your claim with the negligent driver's insurance company.
In addition, understanding your rights will help you build a solid case establishing that the insurance company is responsible for compensating you for your injuries. Our San Diego personal injury lawyer at the Law Offices of Mark C. Blane, APC, will help protect your rights and will fight with the insurance company to seek the damages you deserve so you can focus on recovering from your injuries.
What Are Your Rights After a Southern California Car Accident?
You have many rights if you are hurt in a car accident in California. Unfortunately, the at-fault driver's insurance company may do whatever they can to thwart your efforts to assert your rights. Why would they do this? Their goal may be to deny your claim or force you to accept less money in your settlement to save the company money.
Understanding and exercising your rights is the best way to fight back and get the justice and compensation you deserve. Here are some important rights to remember.
1. Right Not to Give a Recorded Statement
One of the first things the insurance adjuster may ask you to do is to give them a recorded statement. The question-and-answer session with the adjuster is recorded and transcribed into a written statement. It can be used in settlement negotiations and court if our personal injury lawyer must sue the other driver.
The insurance adjuster may make it sound like giving a recorded statement is a routine step in settling your insurance claim, but this is untrue. Their real goal may be to get you to make an incriminating or inconsistent statement they can use against you. The adjuster is trained to ask confusing and trick questions to elicit answers that are helpful to them.
You have and should exercise your right to say no to giving a recorded statement. Even if you did nothing to contribute to the accident and have nothing to hide, you may say something that weakens your case.
2. Right Not to Sign the Insurance Company's Medical Release
Another common insurance company request may be that you sign their authorization for the release of your medical records. While it's true they need your medical records documenting the injuries you suffered in the collision, their medical release will likely give them access to all your medical records.
You have a right not to sign this document. It would allow the insurance adjuster to find reasons in your medical history to deny your claim and give them access to your personal information, which they do not need to settle your claim.
3. Right to Compensation if You Were Hurt in a Car Accident
You may also be entitled to compensation for your injuries if you prove the other driver caused your car accident. You could suffer devasting, long-term injuries like traumatic brain injuries (TBI), spinal injuries, burns, amputations, or organ damage. You may never fully recover from a more "minor" fracture, which could cause chronic pain and limit the activities you can engage in.
You may be able to receive your past and future damages if you do not fully recover from your injuries. Types of compensation you should get in your settlement include:
- Medical expenses. The insurance company should reimburse you for all necessary medical treatments to treat your injuries. If you suffer a severe injury, you could need multiple surgeries, physical therapy, medications, ongoing doctor appointments, and more throughout your life.
- Lost wages. You should be compensated for your lost wages, sick and vacation time, and bonuses and commissions you lose while you are off work because of your injuries. If you can no longer perform your job duties and must make a career change or become permanently disabled, the insurance company should pay you future earnings damages to compensate you for the wages you will lose throughout your career.
- Pain and suffering. You also have a right to be compensated for the pain, emotional trauma, and suffering you endure because of your injuries and how they reduce your quality of life.
- Property damage. The insurance company should pay for repairing or replacing your car and any other property damaged in the wreck.
4. Your Right to an Attorney
Another vital right you have after a car accident is the right to be represented by a personal injury lawyer. The insurance adjuster may try to convince you not to hire an attorney, claiming that it will save you money and that they will treat you fairly. Do not believe them.
Retaining a lawyer will save you money in the long run and help you protect your rights. A personal injury lawyer at Law Offices of Mark C. Blane, APC, can help:
- Prove the crash's cause. Our lawyer will investigate why the auto collision happened and prove the other driver's negligent actions caused it.
- Collect evidence. Our legal team will gather the evidence you need to prove your case. Some types of evidence, such as traffic and business surveillance video footage of the wreck, the other vehicle's black box data, and expert witness reports, may be impossible to obtain on your own.
- Communicate with the insurance company. Another benefit of hiring our law firm is that we will take over all communications with the insurance company. You can have peace of mind knowing that you will not accidentally say something you should not, and we are protecting your rights.
- Negotiate your settlement. Attorney Mark Blane will fight hard to get you the compensation you have a right to in your settlement. Read our case results to find out how Mark has successfully resolved his clients' car accident claims.
- Sue the driver. Mark will file a lawsuit against the at-fault driver if their insurance company is not treating you fairly or if the statute of limitations to sue expires soon. He will try your case at a jury trial if this is in your best interest.
What to Do If to Protect Your Rights Right After a Car Accident If You Were Hurt
Understanding your rights when battling with the insurance company for the damages you deserve is not enough. You must protect and exercise them right away. Here are the steps our personal injury lawyer recommends you take:
- Call the police. Contact the police and order a copy of the police report written at the scene. It could contain useful information that will help Mark prove the other driver caused your collision.
- Get medical care. Take care of your health right after the crash, even if you don't believe you were hurt. You may have suffered a serious injury but not realize it because the stress of the accident has caused delayed symptom onset. Protect your health and avoid lengthier arguments with the insurance company by caring for your medical needs.
- Gather evidence. You should start collecting evidence right after the accident. Get contact information for the driver, their insurance company, and eyewitnesses. Take photos at the scene of damage to the vehicles, road and weather conditions, and your injuries. Start collecting your medical records, bills, and wage loss documentation immediately.
- Follow up on your medical care. Follow your doctor's advice regarding how to treat your injuries. Go to all your appointments and get all recommended diagnostic tests. If you have gaps in your medical treatment, the insurance adjuster will argue that your injuries are not as severe as you claim.
- Obtain legal representation. Your first step after taking care of your immediate health needs should be to call our office and schedule your free initial consultation with our attorney. Mark will answer your questions, protect your rights, and get you the results you deserve and need to pick up the pieces of your life.
