Car Accident FAQ

What should I do immediately after a car accident in California?

First, ensure everyone is safe and call 911 if there are injuries. Move to a safe location if possible. Exchange insurance and contact information with the other driver. Document the scene with photos and videos. Get contact details from witnesses. Seek medical attention even if you feel fine, as some injuries have delayed symptoms. Report the accident to your insurance company, but avoid giving recorded statements before speaking with an attorney.

How long do I have to file a car accident claim in California?

Under California’s statute of limitations, you generally have two years from the date of the accident to file a personal injury lawsuit. If your claim is against a government entity (city bus, state vehicle), you must file an administrative claim within six months. Missing these deadlines can permanently bar your claim, so it is important to consult with an attorney as soon as possible.

What compensation can I recover after a car accident?

You may be entitled to economic damages (medical bills, lost wages, property damage, future medical costs) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life). In rare cases involving extreme recklessness, punitive damages may also be available. The total value depends on injury severity, treatment duration, and impact on your daily life.

Should I accept the insurance company’s first settlement offer?

Almost never. Initial settlement offers from insurance companies are typically far below the true value of your claim. Insurers aim to close claims quickly and cheaply. An experienced attorney can evaluate your claim’s full worth, including future medical needs and long-term impacts, and negotiate a fair settlement on your behalf.

What if the other driver was uninsured or underinsured?

California requires uninsured/underinsured motorist (UM/UIM) coverage as part of your auto insurance policy unless you explicitly reject it. If the at-fault driver lacks adequate insurance, your own UM/UIM policy can cover your damages. An attorney can help you navigate the claims process with your own insurer to maximize recovery.

How does California’s comparative negligence law affect my claim?

California follows a pure comparative negligence system, meaning you can recover damages even if you were partially at fault. However, your compensation is reduced by your percentage of fault. For example, if you are found 20% at fault and your damages total $100,000, you would receive $80,000. An attorney can help minimize your assigned fault percentage.

Do I need a lawyer for a car accident claim?

While you can file a claim on your own, having an experienced attorney typically results in significantly higher settlements. Insurance companies have teams of adjusters and lawyers working to minimize payouts. An attorney handles all negotiations, protects your rights, and ensures you receive fair compensation while you focus on recovery.

How much does it cost to hire a car accident lawyer?

At Sky Law Group, we work on a contingency fee basis, which means you pay nothing upfront and no fees unless we win your case. Our fee is a percentage of the settlement or verdict we obtain for you. This ensures access to quality legal representation regardless of your financial situation.

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