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Personal Injury Firm in Los Angeles

Filing A Car Insurance Claim In California


In order for you to file a car insurance claim in the state of California, you must immediately notify your insurance provider. This can be typically done by directly calling, via their website, or sometimes even through a mobile app. 

It doesn’t matter whether you or the other driver was at fault. If you already have an insurance policy, you must notify your provider. If you are uninsured, you may also file a claim with the other individual’s insurance provider, but only if they were totally or partially at fault.

If you were injured in a car accident, it is always best to retain a car accident attorney before speaking with your provider. Insurance companies, even your own, are designed to look after their own interests. This means that they may not always have your best interests in mind, even though you are their client.  

What Do I Do  Immediately After A Car Accident?

If you were involved in a car accident in the state of California, we recommend the following:

  • Call an ambulance whenever medical assistance is needed.
  • Call police if there is property damage or injuries.
  • Call your insurance provider. If you are uninsured and not at fault, call the other party’s provider.

Further, California law requires all drivers to notify the Department of Motor Vehicles (DMV) within 10 days following an accident when:

  • An accident causes over $1,000 in property damage.
  • Someone was killed or injured.

What If I Was Liable For The Accident?

You must always notify your own provider, regardless of who was at fault. There are insurance policies, including Med Pay insurance and California collision insurance that will pay regardless of fault.

It’s entirely possible that the other driver may be found either wholly or partially responsible. Because California is a comparative negligence state, you may still be able to recover damages even if you were partially at fault for the accident. 

How Much Time Do I Have To Recover Damages?

The statute of limitations in the state of California to sue for car accident injuries is two years. Please be aware that two years is the amount of time you have to file a claim against the other driver, and not how long you have to report the accident to your insurance provider. 

And If I Don’t Have Insurance?

As mentioned, you can file a claim with the other driver’s provider, but only if you were not at fault. The other driver’s insurance provider will not likely stand up for you, and may in fact even dismiss you. In these cases, it is best to retain the services of an experienced car accident lawyer in order to recover any damages. 

Working With An Insurance Adjuster

Once you have filed a claim with your provider, an insurer is required to contact you within 15 days after receiving the notice of your claim. An insurance adjuster will ask for a statement about happened, and will also gather and analyze evidence to determine liability and appropriate damages.

An insurer will collect and analyze the following forms of evidence:

  • Your statement of what happened.
  • Statements from witnesses and/or the other driver.
  • Your claim form.
  • A vehicle inspection.
  • Photographs of the accident scene.
  • Damage reports. 
  • Medical costs.
  • Medical reports.

How Much Time Does It Take To Receive My Damages?

An insurer is required to either accept or deny a claim not later than forty (40) days after it has been proven. In this context, proof is essentially showing you are entitled to recovery for damages, as well as the amount you are entitled to.

A simple claim without complex liability issues can typically be settled within a few days. If determining fault is an issue, or if someone was seriously injured, proving a case may take months.

West Coast Trial Lawyers Is Here to Help

At West Coast Trial Lawyers, we offer experienced attorneys that are readily available to help you get the justice and the maximum compensation you deserve. If we do not win, you owe us nothing. There is no financial risk when making a free consultation to get your case started. Call us today at (213) 927-3700 or email info@westcoasttriallawyers.com for immediate legal assistance.



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