Encino Car Accident Lawyer 

Steps to Take After a Car Accident

Being in a car accident is stressful, but taking the proper steps can protect your health and legal rights.

What to Do at the Scene

• Check for Injuries – Call 911 if anyone is hurt.
• Call the Police – A police report is crucial for your claim.
• Move to Safety – If possible, get out of traffic.
• Exchange Information – Get the other driver’s details and insurance info.
• Document Everything – Take photos and obtain the contact information of witnesses.
• Notify Your Insurer – Report the accident but avoid recorded statements.

Beyond the immediate aftermath, it is crucial to monitor your health in the days following an accident closely. Injuries such as whiplash or concussions may not appear right away, and failure to address them promptly could impact your compensation claim. Keep records of all medical appointments and expenses related to the accident, as these will support your case when you file a claim.

California Car Accident Laws

Comparative Negligence in California

• You can still recover damages even if you’re partially at fault.
• Your percentage of fault reduces the amount of compensation you receive.
• Example: If you’re 20% at fault and your damages are $100,000, you receive $80,000.
• Insurers may try to shift more blame onto you—having a lawyer helps.

Understanding comparative negligence helps ensure that accident victims are not unfairly penalized for their involvement in an accident. By thoroughly investigating each case and accurately assigning fault, victims can improve their chances of a fair settlement. Get legal advice early to understand how these laws apply to your specific situation, especially as strategies employed by insurers can complicate fault division.

Time Limits for Filing a Claim

• Personal Injury: 2 years from the accident date.
• Property Damage: 3 years to file for vehicle repairs.
• Claims Against a Government Entity: 6 months deadline.

Missing these deadlines means losing your right to compensation.

Dealing with Uninsured or Underinsured Drivers

How Uninsured Motorist (UM) Coverage Works

• UM Coverage helps when the at-fault driver has no insurance.
• UIM Coverage covers damages if the driver’s insurance isn’t enough.
• Pays for medical bills, lost wages, and pain and suffering.
• Not required in California but highly recommended.

Understanding the nuances of UM and UIM coverage can significantly ease the financial burden after an accident involving an uninsured or underinsured driver. While not mandatory, these coverages provide a safety net, ensuring you can recover costs without bearing the brunt of expenses due to another driver's lack of insurance. Consider consulting with your insurance provider to ensure you have comprehensive coverage suited to your needs.

What to Do If the At-Fault Driver Has No Insurance

• Use Your UM/UIM Coverage – If available, your insurer pays damages.
• Sue the Driver – May not be effective if they lack assets.
• Identify Other Liable Parties – Employer, vehicle manufacturer, or city for road hazards.

Why You Need an Attorney After an Encino Car Accident

After an accident, an insurance adjuster will likely contact you quickly, offering a “reasonable” settlement. However, these initial offers are often far below the actual value of your claim. 

Insurance companies aim to minimize payouts by shifting blame or undervaluing your injuries. Accepting a low offer could leave you without the funds needed to cover ongoing medical expenses, lost wages, or other damages that may not be immediately apparent. 

Insurance adjusters count on the vulnerability and lack of knowledge of accident victims. An experienced personal injury attorney on your side means no one can take advantage of you during this time. Attorney O’Hara’s representation levels the playing field and puts a professional in charge who can fight for a fair settlement that reflects your losses.

Having legal representation also offers peace of mind as you navigate the complexities of post-accident protocols. With skilled negotiation and strategic planning, an attorney can handle interactions with insurance companies, ensuring no settlement offer goes unchecked. This safeguarding extends beyond initial claims, as an attorney can guide you through potential appeals or litigation if necessary, making sure all options are explored for optimal resolution.

Don’t face the aftermath of a crash alone. Speak with a trusted Encino car accident attorney now to pursue the compensation you deserve!

Frequently Asked Questions (FAQ) About Car Accidents in Encino

What if the other driver leaves the scene of the accident?

• If you’re involved in a hit-and-run, try to remember as many details as possible about the vehicle (make, model, color, license plate number) and report it to the police immediately. You may also be able to file a claim under your uninsured motorist (UM) coverage.

Do I need to see a doctor even if I feel fine?

• Yes. Some injuries, like whiplash or internal bleeding, may not show symptoms right away. Visiting a doctor ensures that any hidden injuries are diagnosed and documented, which is crucial for your health and any potential legal claim.

How long does it take to settle a car accident claim?

• It depends on the complexity of your case. Some claims are settled in a few months, while others take over a year—especially if there are disputes over liability or serious injuries requiring long-term treatment.

Can I still get compensation if I wasn’t wearing a seatbelt?

• Yes, but your compensation may be reduced. The insurance company might argue that your injuries were worse because you weren’t buckled up. However, the at-fault driver is still responsible for causing the accident.

What if my car accident was caused by bad road conditions?

• You may be able to file a claim against the city, county, or state agency responsible for maintaining the roads. These claims have strict deadlines (often within six months), so it's important to act quickly.

Should I accept the first settlement offer from the insurance company?

• No. Insurance companies often start with low offers to save money. Before accepting any settlement, consult a lawyer to ensure you're getting fair compensation for medical bills, lost wages, and other damages.

Can I file a claim if a family member died in a car accident?

• Yes. If a loved one died due to someone else's negligence, you may be able to file a wrongful death claim to seek compensation for funeral expenses, lost income, and emotional suffering.