Navigating the aftermath of a vehicle accident, whether it’s a car accident, truck accident, or motorcycle accident, can sometimes seem overwhelming. Whether the accident is a minor fender-bender or a more serious situation, the legal steps are essentially the same.

They include promptly notifying your insurance carrier, working with the insurance adjuster, and

undergoing a fault assessment under California’s comparative negligence doctrine. Following is a brief description of each of these steps. 

Promptly Notify Your Insurance Carrier

The first step is to notify your insurance carrier. Ideally, you should do this within 24 hours of the accident.  Your notification should include all details regarding the incident: the date, time, place, and weather and road conditions. You should also provide the police report to your insurance company, which will contain all pertinent information about the other driver and their vehicle. When you receive repair estimates and photos of the damage, as well as receipts or invoices for medical care related to the accident, submit them promptly. Being timely and having a well-documented claim is important for the best possible resolution.

Dealing With Insurance Adjusters

An insurance adjuster will be assigned to you shortly after you initiate a claim. It’s important to be aware that while the insurance adjuster’s job is to evaluate liability and assess the value of the claim, this adjuster works for the insurance company and is expected to protect its interests to the extent possible. In dealing with the insurance adjuster, note the following important tips:

• Be factual and respond to the questions
• Never admit fault or speculate
• Keep detailed records
• Do not sign anything without consulting your San Luis Obispo attorney

Determining Fault in California

California is a comparative negligence state. This means that even if you have some culpability for the accident, you may still recover damages. Under the comparative negligence doctrine, your damages will be reduced by the percentage fault that is assessed against you. For example, if you are found to be 20% at fault for the accident, and the total damages are assessed at $100,000, your recovery will be reduced by $20,000. 

Fault is typically determined using several sources. First, the insurance companies will evaluate the accident reports, photographs, and other physical evidence and use standardized protocols to determine fault. Third-party witnesses can also offer eyewitness accounts that will be evaluated. Police reports and traffic citations often play a role in fault déterminations as well.

Contact the Law Offices of Earl E. Conaway, III

One of your first steps should be to contact a compassionate San Luis Obispo accident attorney. Having a knowledgeable and experienced attorney by your side gives you the support you need at this time and, importantly, gives you a better chance of getting the resolution you deserve.

Seeking legal advice is a proactive step that will give you peace of mind. Contact the Law Offices of Earl E. Conaway, III, today.