Your Rights after a Car Accident? What are the Steps You Must Take to Protect Your Case?
If you’ve been in a car accident anywhere in Southern California including San Diego, Riverside, Pomona, Inland Empire, Cathedral City, Palm Desert, La Quinta, Indio or in the Coachella Valley region, you have legal rights that protect you from financial harm. But these rights only matter if you know what they are and take the right steps to preserve them.
Most accident victims don’t realize that what they do (or don’t do) in the hours and days after a crash can make or break their case. Insurance companies count on this. They know that confused and injured people often say the wrong thing or miss critical deadlines that could cost them thousands of dollars in compensation.
Under California law, you have the right to recover damages for medical bills, lost wages, property damage, and pain and suffering when another driver causes your accident. However, California follows a “comparative negligence” rule, which means insurance companies will try to blame you for part of the accident to reduce what they have to pay.
That’s where a San Diego car accident lawyer or Southern California auto accident law firm comes in. At Castillo & Montes Attorneys at Law, we will walk you through the exact steps you need to take after any car accident in Southern California, Pomona, Riverside, Indio, Riverside or San Diego to safeguard your rights and strengthen your claim. From what to say when the insurance company calls to when you should return to work, we’ll cover everything you need to know to avoid costly mistakes. We’ve recovered more than $700 million in compensation for our injured clients. Our team of legal professionals are also past insurance claims adjusters from Allstate, Farmers and Firemen’s Fund Insurance Claims just to name a few.
Immediate Steps at the Accident Scene
Your actions at the crash scene form the foundation for your entire case.
Step 1: Call 911
First, call 911 immediately. Any police department or the San Diego Police Department or the California Highway Patrol will respond and create an official accident report. This report becomes crucial evidence for your claim.
Never admit fault or apologize, even if you think you caused the accident. Stick to basic facts when speaking with police. California’s comparative negligence law means even a small admission of fault can reduce your compensation significantly.
Step 2: Gather Evidence
While waiting for officers to arrive, document everything with your phone. Take photos and videos of vehicle damage, the accident scene, traffic signs, and any visible injuries. Get the other driver’s insurance information, driver’s license number, and license plate. Also, collect contact information from witnesses because their statements can prove who was at fault.
Step 3: Seek Immediate Medical Treatment with a Urgent Care or Hospital
Get medical attention immediately, even if you feel fine. Adrenaline masks pain, and some injuries like whiplash or concussions don’t show symptoms right away. Emergency rooms at any medical facility, clinic or at any Emergency Room at your local Hospital or at any Medical Center can provide immediate care. If you are not able to visit an emergency room or clinic on the same day, consider visiting on the following day. If you do not have medical insurance, call our law firm and we will get you to a medical doctor immediately.
California law requires you to prove your injuries resulted from the accident. Delaying medical treatment gives insurance companies ammunition to argue your injuries came from something else or your claim for pain and suffering is not legitimate. Keep all medical records, bills, and appointment notes. These documents directly support your compensation claim.
Step 4: Contact the Insurance Company
Contact your insurance company to report the accident within 24 hours. Most California policies require prompt notification. However, be careful when speaking with the other driver’s insurance company. They’re not on your side and will use anything you say to minimize their payout. WE HIGHLY RECOMMEND THAT YOU HAVE US CONTACT THE OTHER DRIVERS INSURANCE COMPANY! We will advise you of your legal rights so you are protected. They are trained to blame you and not pay your property and medical damages.
If you do happen to speak to the other drivers insurance claims adjuster, consider these points:
- Stick to basic facts about the accident
- Don’t provide recorded statements without legal counsel
- Never EVER accept the first settlement offer! Call us for that. We normally get 5X to 20X more than their original offer.
- Don’t sign any documents without our review!
Insurance adjusters often contact accident victims within hours, hoping to secure quick settlements before people understand their rights. California law gives you time to fully understand your injuries and losses before settling.
Step 5: Contact Castillo & Montes – California Accidents – San Diego Car Accident Attorney – Car Accident Attorney
Many accident victims wonder if they need legal help. Consider contacting our personal injury law firm if you suffered serious injuries, the other driver was uninsured, multiple vehicles were involved, or the insurance company disputes fault.
Castillo & Montes Attorneys at Law offers free consultations to help all California Residents, San Diego residents, Inland Empire Residents, and Coachella Valley Residents to understand their options.
What If You’re Too Injured to Handle Initial Steps?
Serious injuries from car accidents can leave you unable to gather evidence or deal with insurance companies. If you’re hospitalized or severely hurt, your priority is medical recovery. However, this doesn’t mean your legal case has to suffer.
Contact a San Diego car accident attorney at our law firm or any of our accident lawyers in California immediately, even from your hospital bed. We can handle the investigation for you and send investigators to the accident scene, interview witnesses, and deal with insurance companies while you focus on healing.
We will also coordinate with medical providers to ensure proper documentation of your injuries, so you get the compensation you need to put your life back together again after a serious crash.
Protecting Your Case During Recovery
While recovering from accident injuries, certain actions can strengthen or weaken your legal case.
- Keep a pain journal: Start keeping a daily pain journal that documents your symptoms, limitations, and how injuries affect your life. California law allows compensation for pain and suffering, but you must prove how the accident impacted you. These notes become powerful evidence when seeking compensation for non-economic damages.
- Stay completely off social media during your recovery: Insurance companies routinely monitor accident victims’ Facebook, Instagram, and other social accounts. Even innocent posts can be twisted to argue you’re not as injured as you claim. A photo of you smiling at a family dinner could be used to dispute your pain and suffering claim.
- Don’t miss any appointments or follow-ups: Missing appointments gives insurance companies ammunition to argue you’re not really injured or not taking your recovery seriously. California’s comparative negligence law means that anything that suggests you’re not mitigating your damages can reduce your compensation.
Contact Our Experienced San Diego Car Accident Lawyers
California’s legal system can be overwhelming for accident victims dealing with injuries and financial stress. An experienced attorney knows how insurance companies operate and can protect you from tactics designed to reduce your compensation.
Don’t let insurance companies take advantage of your situation. Your rights under California law provide strong protection, but only if you take the right steps to preserve them. Act quickly, document thoroughly, and get legal help when you need it.
If you’ve been injured in a San Diego car accident or any California city in Pomona, Indio, Inland Empire, Cathedral City, or Riverside, contact Castillo & Montes Attorneys At Law at 800-497-9774 or fill out our confidential contact form for a free consultation about your case. We have offices throughout Southern California to serve your immediate legal needs.
Attorney Domingo Castillo handles workers’ compensation, personal injury, family law & immigration throughout Southern California from our 5 offices: Indio, Pomona, Riverside, San Diego & Cathedral City. We help clients file injury claims, obtain residency & citizenship, and we assist families through divorce, child custody and all family law matters.
