can a car accident lawyer help a case where there was no injuries in california

by Mr. Randy Walter Published 2 years ago Updated 1 year ago 5 min read

If no one was hurt, it's likely that you don't need an attorney. However, you do have the option of paying one upfront to help you with your claim. You'll need to look at the damages and the money at stake to decide if this is worth it.

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What happens if you are uninsured in a California car accident?

Nov 11, 2021 · Car Accident Lawyer No Injury Overview. There are instances when you get into a car accident where you are not injured but you may still want to file a lawsuit for damages caused to you. In fact, even though you may not be physically injured following a car accident, you could still file a property damage lawsuit to get compensated for the damages caused to your vehicle …

Can I use my friend’s auto insurance for a car accident?

Apr 14, 2022 · Wondering how can a car accident lawyer help? If you or your loved one have been injured in a car accident, the first step is to assess the situation and make a plan. You may need to call 911, get medical help, or file a police report. Once you are under medical care, consulting a car accident lawyer in California is the next step.

What happens if you are caught driving without insurance?

Dec 30, 2020 · A Car Accident Attorney Can Help You with Your Non-Injury Claim. Most non-injury car accident victims recover compensation through the insurance claims process in the form of a settlement. Even if you did not suffer any apparent injuries, a personal injury attorney can help with your non-injury claim in a few important ways. Free Consultation

What should you immediately do if there is an accident and there is no injury?

You should absolutely call the police, whether the accident was a minor fender bender or a significant crash. If the accident wasn't your fault, having an official police report will help you hold the other driver accountable for damages and repair costs.

What is the average settlement for a car accident in California?

around $21,000

Average Car Accident Settlement in California

Data from across the United States reflects that most reported cases generally settle for between $14,000 and $28,000. The average is around $21,000.

When should I hire an attorney after a car accident?

Contacting a lawyer on the day of the collision, or within a few days afterward, is best. You can still hire a lawyer if you wait longer than that, but sooner is better. If you or someone else in your car suffered personal injuries, hiring a car accident lawyer is usually a good idea.

Can I sue after a car accident in California?

You can sue for injuries from a car accident within six months of the accident, according to the California statute of limitations. You have three years to file for property damage.

How much are most car accident settlements?

In broad terms, the average car accident settlement amount in the United States is about $20,000.

How long does an insurance company have to settle a claim in California?

California law gives insurance companies 15 days to acknowledge a claim. After that, they have 40 days after receiving documentation to accept responsibility or deny the claim. Payments for settlements have to be issued within 30 days of accepting the settlement.

How do I settle a car accident claim without a lawyer?

How to Settle a Car Accident Claim Without a Lawyer

Speak to the insurance adjuster. Before you can start working toward a settlement, you need to speak with the insurance adjuster to find out what they're willing to cover after you file your claim. ...
Craft your demand letter. ...
Do your due diligence before going to court.

What can a car accident lawyer do for you?

After your car accident, a car accident lawyer can gather information from the accident, give you legal advice, negotiate with insurance companies, and help you pursue compensation for your losses, so you can heal from it and get back to your normal routine. Car accidents can be traumatic for the victims.

Where do broadside collisions most commonly occur?

Intersections

Most Broadside Collisions Occur at Intersections

It makes sense that intersections are where most broadside collisions happen. After all, intersections are where vehicles moving in different directions cross paths at a single point. Intersections are the most dangerous places on the road throughout the country.Mar 21, 2022

Is there a statute of limitations on car accidents in California?

In California, the car accident statute of limitations is two years from the date of the accident. The time limit for minors is extended until they reach the age of majority, 18 years old. Once the two-year time limit has passed, injured adults are barred from filing lawsuits.

Is California a no fault state for auto accidents?

For auto accidents, states have either no-fault or at-fault insurance laws. California is an at-fault state, which means the driver deemed responsible for the accident is liable for paying the costs of potential injuries and property damage sustained by other parties.Oct 4, 2021

Who determines fault in an auto accident California?

California adheres to the at-fault insurance system in determining who will pay for the accident compensation. Thus, courts must determine fault for compensation. That way, victims will get the proper reimbursement for damages they've sustained from the car accident.

Can you file a personal injury claim against a car accident?

In no-fault states, such as Florida, Pennsylvania, and ten others, you can't file a personal injury claim or bodily injury claim against the driver who was responsible for the car accident.

How long do you have to wait to settle a car accident?

Even if you don't notice any physical symptoms from your car accident, I recommend waiting several weeks before finalizing your settlement details. In some cases, the onset of injury symptoms is delayed—especially in traumatic brain injuries (TBI), soft tissue damage, or herniated disk injuries.

When To Get an Attorney for a Car Accident

In most states, any accident that results in death, injury or significant property damage will be investigated at the scene of the crime by the responding officer, as well as insurance agents and any services retained by anyone party to the accident. In order to protect your rights, it’s important to retain an attorney if anyone has been injured.

When You May Not Need an Attorney

If you’ve been in a recent auto accident and no injuries occurred, you likely won’t need a lawyer to take your case.

When To Speak With a Car Accident Lawyer

In many instances, it makes sense to speak with a car accident lawyer, whether injuries occurred or not, before reaching out to your insurance company. That’s because insurance companies are often looking to reduce their payouts after a recent accident, especially if significant damage has taken place.

When Hiring an Attorney May Not Be Worth It

All that said, hiring a car accident lawyer after a no-injury accident may not be worth it if the accident was your fault. After all, if you were deemed to be at fault at the scene of the accident by the responding officer, you would also assume fault and liability, and no lawyer would be able to help you recover some kind of personal injury claim.

What are the factors that cause a car accident in California?

These factors generally include health problems, the slow or fast speeds of both drivers, weather, distractions both in and outside the car and the age of both drivers. If drugs or alcohol were part of the incident, the driver consuming either or both is normally at fault. Certain health conditions can cause erratic driving behavior that could influence the accident.

What happens if you are traveling faster than the speed limit?

When one or both of the drivers is traveling faster than normal or the speed limit, this could result in severe property damage and injury if a collision does occur. It takes longer to slow down when moving at faster speeds. With the slower speeds, someone may become distracted or irritated and pass when he or she should not do so, and this could also cause an accident. When someone is moving slower than the posted limit in traffic or on the interstate, this person could influence others to behave rashly and collide with others. Many interstates and freeways have a posted speed limit for slower speeds, and every driver should adhere to these.

How to help after an accident in California?

One of the primary ways a lawyer is of assistance after an accident in California is through the investigation into the matter. The lawyer can look into the incident while the victim recovers through medical treatment or medication. The victim will need time to get over trauma or to recover his or her mental faculties to truly understand what happened. The legal professional may contact witnesses at the scene, collect the police report and even analyze traffic camera surveillance of the collision. If it is necessary, the lawyer will also hire an expert witness to assess and review certain materials with the accident.

What is the importance of expert witness?

This factor of the accident is crucial to increasing the strength of the claim and proving that the other driver was at fault. Through careful analysis, the plaintiff’s legal team can demonstrate the specific chain of events and timeline of the collision. This can often ensure that the judge or jury panel is aware of all information involved in the case.

What Should you Do after a Car Accident?

Car accidents rarely leave room for clear thinking. Events occur so fast that you may not get a grasp of the situation even after a long time. The consequences of a car accident, however, wait for none.

Car Accident Laws in California

A knowledge of car accident laws in California is crucial because these laws shape your car accident settlement. Many crucial elements of a car accident, including insurance claims, damage evaluations and the need for a lawsuit are all decided based on these laws.

Car Accident Damages Recognized by California Law

California Law recognizes the right to compensation of people that have suffered injuries in a car accident due to the other party’s negligence. The Law has defined several categories of damage with the most common being economic and non-economic categories.

Extent of Time to File a Lawsuit in a Car Accident Case?

According to the Code of Civil Procedure ( CCP § 338 ), California Code, an individual has to file a claim for property damage within 2 years.

Is it Possible to File a Case after the Legal Time?

If an individual initiates a lawsuit against the at-fault party after the time limit mentioned above, then the court can dismiss the case following the expiry of the legal time period.

California Insurance Laws

California Law makes it necessary for car drivers and owners to possess an insurance. Auto insurance is treated as a financial responsibility of car drivers. The Law also requires you to carry a proof of your auto insurance in your car at all times.

How Car Insurance Laws Impact Car Accident Settlement?

California law equates auto insurance to financial responsibility that the owner of the vehicle accepts in the event of an accident. The impact of car insurance is huge when you are involved in an accident in California.

Types of Damages

Car accident damages are often categorized as economic damages and non-economic damages. Economic damages include repair or replacement of the damaged cars, past and future medical expenses, lost income, and other out-of-pocket expenses. Non-economic damages cover things like pain, emotional distress, and disability or disfigurement.

Limits on Damages

Unlike many other states, California does not have a cap on damages in personal injury or car accident cases generally. However, there are a few traps that can limit or eliminate your compensation for a car accident.

Have Specific Questions About California Car Accident Compensation Laws? Ask a Lawyer

As you can see, the limits on damages in car accident claims in California are few and only affect a narrow subset of claimants. This is good for drivers who are seriously injured and need larger awards to cover their expenses, but it also makes predicting the value of your claim very difficult unless you deal with car accidents regularly.

Can I Solve This on My Own or Do I Need an Attorney?

Get tailored legal advice and ask a lawyer questions about your accident. Many attorneys offer free consultations.

Do you need car insurance in California?

All drivers in the state of California are required to have car insurance. Liability insurance pays for injuries that you cause to others when you cause a crash, and other types of insurance, such as medical payments coverage, collision coverage, and uninsured/underinsured motorist coverage help to pay for injuries or damages ...

What type of insurance pays for injuries?

Liability insurance pays for injuries that you cause to others when you cause a crash, and other types of insurance, such as medical payments coverage, collision coverage, and uninsured/underinsured motorist coverage help to pay for injuries or damages that you sustain in a crash, sometimes regardless of fault.

What happens if you don't have insurance?

Insurance is very important – if you don’t have insurance and you cause an accident, you could be held personally liable for hundreds of thousands of dollars worth of damages to others, and if you are injured in an accident, there may be no way to recover compensation for your economic and non-economic losses. ...

What happens if you are at fault for an accident without insurance?

If you were at fault for the crash and therefore cannot even recover damages for your medical bills from the other driver’s liability insurance, you may have even bigger financial woes if you have suffered injuries, or if you caused injury or property damage to other.

Can you drive someone else's car without insurance?

And what I mean by that is even if you have no insurance, if you’re driving someone else’s car and they’ve allowed you to drive it and they have insurance, you are covered by that insurance. In some cases, you may think that you are uninsured because you yourself do not maintain an auto insurance policy. However, insurance follows the car ...

Can you use your friend's car insurance to pay for damages?

So if you are borrowing your friend’s car and you are in a crash, it is very likely that your friend’s automobile insurance can be used to pay for damages you cause.

Can you use your health insurance to pay for medical bills?

For example, if you carry health insurance, your health insurance can be used to pay for your medical bills once you pay your deductible. Or, if the accident occurred because of a third-party’s actions, such as a brake defect that caused the crash, this third party (in this case, the brake manufacturer) may be liable.