As stressful as the insurance claims process can be, it is still the main route towards getting your life back on track after a car accident. Familiarizing yourself with how to file your California car accident claim ensures you have a safety net if you end up in a crash.
The insurance claims process begins immediately in the aftermath of a crash and ends with either a payout or a denial. We at Hillstone Law Accident & Injury Attorneys are here to make sure that your insurance claim ends in the former.
We want to make sure that you don’t walk away with the short end of the stick when it comes to facing the insurance companies. To that end, these are our guidelines to keep in mind when you need to make a car accident claim in California.
Understanding California Car Insurance Law
California’s Insurance Code and Vehicle Code work in conjunction with each other to provide the framework for liability and compensation in car accidents in the state. These details are specified by INS 10172, 11580, and 11629, as well as CVC 16451 and 16056
Minimum Coverage Requirements
The state of California has a 15/30/5 minimum liability coverage policy, which translates to at least $15,000 in coverage for injury per person, $30,000 for multiple people, and $5,000 in property damage for parties other than themselves.
Alternatively, the state also has the California Low-Cost Automobile Insurance Program (CLCA), which affords low-income drivers minimum coverage of 10/20/3. To qualify as a “low-income driver,” a person has to meet the following conditions:
- The driver has to be at least 18 years old and cannot be from out of state (they must be California residents).
- The driver must have held their driver’s license for a minimum of three years before the application.
- The driver must not be part of a household with an income of 250% or more of the federal poverty level.
- The driver’s vehicle must not be worth more than $25,000.
- The driver must not be at fault for any accidents that led to injury or property damage within the past three years before application.
- The driver must not have more than one point on their record.
Finally, people with more than 25 vehicles to their name may opt to self-insure with a bond of $35,000. This is usually reserved for wealthier individuals or large companies, and the permit for such a bond is given solely at the discretion of the California DMV.
These minimum insurance requirements are outlined in CVC 16541 and INS 11580.1. The CVC places the responsibility of insuring a vehicle on drivers, and the INS requires that insurance companies provide plans that meet these minimum requirements.
Fault and No-Fault Insurance Differences
California uses a pure comparative negligence rule when looking at car accident cases, which, put simply, means you are entitled to some compensation as long as you are not 100% at fault for an accident. The amount you can get, however, will be reduced by your degree of fault.
This is in contrast to no-fault insurance states. Under no-fault insurance, each driver is expected to cover their own damages first, regardless of fault, and only after exhausting their own policy can they turn to the opposing party’s liability coverage.
Initial Steps After a Car Accident
There are three general steps to take in the immediate aftermath of a car accident: ensure health and safety, gather and prepare information, and report that the incident occurred.
Ensuring Safety and Health
As much as we talk about maximizing claims, no amount of money you can potentially recoup matters if you don’t make it out of the accident in the first place. The first thing to do, therefore, is to make sure you’re okay and then do the same for others on site.
- Check yourself for injuries, calling 911 for medical help if needed.
- Stay calm and ensure that the vehicle is in a safe location to prevent further incidents.
- If possible, mitigate additional risk by moving the vehicle out of the way of traffic.
- Turn on hazard lights to alert other drivers.
- If you can move injured persons to safety, do so.
- However, DO NOT attempt to move unconscious individuals without proper training or unless there is a direct threat to their life.
Keep in mind that injuries might remain undetected or unfelt, and you will still want to get yourself checked later on, even if you feel fine. This is not just because of the effect undetected injuries might have on your claim but also for the sake of your health and life in general.
Information Exchange and Documentation
Exchanging information with the other driver is necessary. Even if you or other parties might want to hold back information, police responding to the scene will ask for an information exchange, and you will be obligated to comply.
To that end, the right course of action is to gather as much important information as possible. If you can, gather the names, contact details, and insurance information from everyone; if you can’t, wait for the police to assist.
Here are some other relevant details to take note of:
- Location, date, and time: Highly trafficked areas of the state – Los Angeles, for example – can see upwards of a dozen traffic incidents an hour. You have to take note of the time and place where your accident occurred in order to identify the specific event when dealing with insurance companies, police, or other agencies.
- Weather Conditions: It’s a well-known fact that bad weather can lead to accidents, and in California, weather can range from heat waves and wildfires to flooding and heavy rains. All of these factors contribute in some way to an accident and should be noted for investigations into damage and injury.
- Road Conditions: In the same way as weather, road conditions can affect a car accident claim. That a road is poorly maintained can swing the degree of fault ascribed to a driver anywhere from 0% to 99%.
If you are unable to gather information, you will likely be able to find these details on the police report. The officer will provide you with a case number to follow up on when you need to request a copy.
Reporting the Accident
Assuming the police did not respond to the accident, you have the obligation to call them yourself or visit a police department to report the event. When you do, give them the information you have gathered, delivering it in as neutral and objective a manner as possible.
Once you have the opportunity, you will have to contact your insurance company in order to start the claims process. Do not go any further than providing basic information at this point, however.
If the accident resulted in property damage of at least $1,000 or if it led to an injury or death, you will also have to file a report to the California DMV using the SR-1 Accident Report form. You can find a copy of this form on the DMV’s website.
Finally, you will want to contact and inform your attorney about the accident. This will allow them ample time to start preparing a case to get you a fair claim when you inevitably come face to face with the insurance adjuster.
Again, provide your lawyer with your initial findings. Under no circumstances should you accept a settlement offer from the insurance company before your attorney has had the opportunity to evaluate your case.
Building Your Case
Gathering the right evidence is critical in ensuring a solid car accident insurance claim. Key components include visual documentation, testimonies from witnesses, and official reports from authorities.
Photographs and Videos
Taking clear photographs and videos immediately after an accident can be crucial. Capture the overall scene, close-ups of damage to vehicles, and any skid marks or debris on the road.
Photos of weather conditions and traffic signs are helpful as well. This visual evidence helps portray the environment and circumstances of the accident.
With that in mind, be certain some of your photos and videos document any cuts and bruises and any other visible injuries. It’s also a good idea to monitor such injuries to display the progress through various stages of healing.
Also, try to capture interactions between parties on video. The context that can be captured on interaction footage is often extremely difficult to dispute and can serve to support your case, sometimes to a greater extent than any photograph.
Witness Statements
Witness statements serve as a vital part of supporting a car accident claim. Obtaining contact information from any bystanders or other drivers who witnessed the accident is crucial, especially considering these statements are largely considered unbiased accounts of the incident (the bystander has nothing to gain from siding with either party).
Witnesses can offer descriptions of events leading up to the accident. Their perspective may help clarify who was at fault or how the accident unfolded, but note that the consistency of statements from multiple witnesses matters when using statements to strengthen a case.
Police and Medical Reports
Police reports are valuable in detailing the accident’s facts and identifying the parties involved. Police departments often offer different avenues through which you can acquire these reports.
Obtaining a copy of this report aids in validating the claim made to the insurance company.
Medical reports are essential if injuries are involved. They provide documentation of injuries, treatments received, and potential ongoing medical needs, all of which are information that can support claims for medical expenses and any compensation for long-term effects.
Having these official documents offers credibility to an insurance claim. They provide verifiable facts that can influence the outcome of an insurance settlement.
Filing Your Insurance Claim After An Accident
So your case is built. Now it’s time to actually file your claim, and for that, there are two tasks to take up: updating your insurance company and submitting your information. Most insurance providers allow you to submit your claim online.
Here are some of the top car insurance carriers in California and information on how to submit a claim online:
Geico
You can file your claim online or by calling (800) 841-3000. If your car is not drivable, report this to them, and an adjuster will come to you.
Geico claims to be able to handle your claim in 48 hours or less. Don’t be tempted to accept their first offer, as insurance companies will notoriously lowball offers to settle claims quickly. Reach out to a car accident attorney if you feel you aren’t being fully compensated for your damages or if you feel pressured to accept their offer, and we will investigate your claim fully.
State Farm
Call 800-SF-CLAIM (800-732-5246) or file online. When filing a car accident claim with State Farm, ensure you have the necessary information ready and follow the structured steps provided by the claims process. To help understand the benefits associated with your policy, contact a California car accident lawyer as soon you’ve submitted your claim.
Allstate
Allstate recommends filing your car accident insurance claim online. Log in to your Allstate account to initiate the process and track progress. Follow through the steps of inspection, estimating, and repairs from one location.
Progressive
You can file your Progressive claim online or through their mobile app. In many cases, mobile applications make it easier to upload photos and videos of the scene of the accident.
Updating Your Insurance Company
If you’ve already contacted your insurance provider, they will have given you instructions to follow to process your claim. Most insurers will direct you to an online platform or a mobile app where you can file a form, and some will also allow clients to visit their offices to file in person.
Have your policy number and identifying information for the accident at the ready when you update the company. After you provide them with your first estimates of your damages, the company will assign you an insurance adjuster to your case.
Keep communication lines open. California law dictates insurance companies to respond to a claims notice within 15 days, though you can typically expect a response faster than that.
Required Documentation Submission
Compiling and submitting the right documentation is vital for speeding up claim processing. Essential documents include the collision report, photos of the accident scene, damage estimates, and medical records if there are injuries.
Make sure any communication with other parties involved is documented.
Insurance companies will usually have multiple avenues through which you may submit documentation–mail, email, online portal, or in person. You will have to verify with the insurance adjuster the different methods the company accepts.
Dealing With Insurance Adjusters
It’s the job of the insurance adjuster assigned to your case to launch an investigation on the company’s behalf to determine how much of the damages sustained in the accident they will cover. Unfortunately, this means they look out for the company’s interests more than they do yours as an accident victim.
What Is the Role of an Adjuster?
Insurance adjusters are trained to scrutinize any evidence presented to them and negotiate with claimants in order to get them to accept as low an offer as possible that still accounts for all damages the company is liable to pay.
On the one hand, this allows accident victims to keep their expectations realistic. On the other hand, it means inexperienced negotiators end up with just barely enough resources to cover the cheapest possible treatment and repair options.
Even in instances when an adjuster gives out an offer without negotiating, the odds are that this amount is lowballed compared to what you might actually be able to get with legal assistance.
It’s not necessarily that the adjuster doesn’t want you to get compensation; after all, that is exactly the service insurance companies provide. It’s just that the entire point of the job is to minimize the company’s losses.
Communicating With the Adjuster
The rule when it comes to interacting with the adjuster assigned to your case is to maintain honesty and clarity. However, it is also advisable to avoid oversharing and exaggerating details in the hopes of convincing them to make a higher offer.
It is extremely easy for experienced negotiators to take what a person says and spin it in a way that benefits them. Just deliver the facts based on the information you have gathered and allow your legal counsel to relay what it means.
Every interaction you, your lawyer, and the adjuster have should be documented. Record phone calls, keep copies of emails, and make sure that everyone involved in the claim has signed copies of any letters exchanged.
Especially if a discussion or offer is only verbally stated, make a request to provide the same statement in writing. Written documents can be studied much more readily than other media and can be rewritten to accommodate changes as necessary before coming to a final agreement.
Statute of Limitations in California
California implements two statutes of limitations for car accident claims, one for bodily harm and the other for property damage.
If a claim involves only property damage, you will have a total of three years to take action, whether that is filing a claim or pursuing a civil lawsuit. This is reduced to only two years from the date of the accident, however, if a person is injured in an accident.
If a person fails to file a claim within this specified period, they are considered to have waived their right to compensation, and in most cases, insurance companies will no longer be legally obligated to make any kind of payout.
The rare exception does happen now and then, though, where an accident victim is a minor or is deemed mentally incapacitated. In these scenarios, the statute can be paused (tolled) until such time that they victim has the legal ability to act (either on their own or through a representative).
When to Seek Legal Assistance
Generally speaking, it’s never too early or too late to involve a lawyer in your car accident claim. That said, there are specific points in most personal injury claims where you stand to benefit the most from legal assistance.
The two that stand out the most are during case-building and during the actual negotiation with the insurance company.
If you contact a lawyer early, they will be able to help build the solid foundation your case needs to stand on its own. A skilled personal injury lawyer is familiar with what evidence holds up and knows how to get it.
This is especially important given the time-sensitive nature of some forms of evidence, such as security camera footage.
Where a lawyer truly shines, though, is in representing your interests when you sit down to meet the adjuster for a fair offer. Just like the insurance representative, your lawyer is trained to negotiate, but on your behalf.
This means they can tell when an offer is genuine, when it is lowballed, and what it takes to push the offer to a fair amount.
Finalizing Your Claim
Once you and the adjuster agree on an amount, the insurance company will try and determine the validity of the claim. They will respond to you with either an approval or a denial.
If the claim is approved, you will be provided an outline of the compensation, including damages, medical treatments together with recommended healthcare providers, and other costs for which you need reimbursement coverage.
Your lawyer can help you go over this to make sure nothing has been missed.
If a claim has been denied, this does not automatically mean a dead end for you. The insurance company will provide reasoning for the denial, which your lawyer can help you address and later appeal.
If the appeal is rejected and no common ground can be reached between you and the insurance provider, your lawyer can still help by escalating to a lawsuit.
Lawsuits are mostly considered last-resort actions because of how expensive they are in terms of time and other resources. As a result, they rarely make it all the way to court, with most opting for a settlement.
The Government Claims Program
There are some cases where a car accident involves government property, or a government employee is responsible for damages. The California Government Claims Program (GCP) exists as another potential avenue for compensation in these cases.
The process for making a claim through the program is largely the same, save for a few differences in scope and limitations.
Unlike the typical car accident claim, GCP has a deadline of six months from the accident. If this deadline passes, you will likely have to rely on a regular personal injury claim instead of the GCP.
Note that the GCP can only cover claims against state agencies. The program does not handle city and federal agencies.
Hillstone Law Accident & Injury Attorneys Are Here for Your Insurance Claim
Hillstone Law Accident & Injury Attorneys is a California-based law firm specializing in car accident claims and cases. Led by attorneys Edwin Essakhar and Yvette Essakhar, we assist clients all over the Golden State in over a dozen practice areas, and we’re only growing stronger.
Hillstone Law Accident & Injury Attorneys offers zero-risk case evaluations for those who choose to work with us. An evaluation doesn’t force you to commit to working with us, and when you do, we don’t get paid until after we’ve won.
When you need a smooth path to compensation after a car accident, trust Hillstone Law Accident & Injury Attorneys. Call us today at (855) 604-4641 and get a free consultation for your case.
