How to Pursue an Auto Injury Claim Against an At-Fault Driver

In California, car accident claims are determined by fault insurance system. The driver who is responsible for a crash must pay for the injuries suffered by victim and the driver’s insurance company is the first recourse. The process of seeking damages from another party’s insurer is far from straightforward, as these companies are known for making recovery of compensation a challenge.

When you seek compensation from the other driver’s policy, you are filing what’s called a third-party claim. You will be dealing with an insurer whose goal is to settle for the lowest possible amount, often using strategies designed to minimize or deny your claim. That is why legal assistance can be essential.

Here are the basic stages of a third-party auto injury claim: 

1. Retain a qualified lawyer — There is no substitute for having an automobile injury lawyer handle all aspects of communication with the other party’s insurance carrier. Dealing with the insurer directly is a minefield. Insurers routinely ask for recorded statements and wide-ranging medical evidence, neither of which you are required to provide. Insurers may also use your statements to find inconsistencies, dispute your injuries or even shift blame onto you.

2. Submission of evidence supporting liability and damages — Your attorney will submit documentation to back up your claim. This typically includes the police report, accident scene photos or videos, medical records and bills, proof of income loss and repair estimates for vehicle damage. All of this is relevant to assessment of fault and to the extent of damages.

3. The insurer’s liability determination — The insurer uses the submitted evidence to decide who was at fault. California follows a pure comparative negligence rule, which means your compensation may be reduced if you’re found partially to blame. Insurers often try to assign you some share of the fault to decrease what they must pay.

4. Negotiating a settlement — To pursue your claim, your attorney will send a demand package: a letter summarizing your losses, medical treatment and supporting documents. The insurer’s opening offer is often low. Negotiations may involve several rounds of offers and counteroffers, so patience and persistence are critical.

5. Filing a lawsuit if necessary — If settlement negotiations stall, your attorney can file a lawsuit for damages. California has a two-year statute of limitations for injury claims, so legal action must be timely. The other party’s insurer can be made to pay any judgment up to policy limits. You also may be able to recover damages if the insurer acted in bad faith.

Although California’s fault-based system gives you the means to pursue the compensation you deserve, insurance companies rarely make it easy. Seeking legal counsel early can help you protect your claim, avoid pitfalls and maximize your recovery.

If you or someone you love has been injured in a car crash in Ventura, Santa Barbara or San Luis Obispo counties, the lawyers at Pulverman & Pulverman, LLP have the skill and experience to pursue your legal remedies to the fullest extent. Call us at 805-962-0397 or contact us online to schedule a free consultation.