It’s common for drivers to assume most accidents are minor. However, you shouldn’t follow the same script when involved in an accident. 

Medical literature has found that there is no nexus between the severity of a car crash’s impact and the extent of an individual’s injuries. Even a relatively minor crash can have a significant impact on an individual’s body. Some of these injuries do not surface right away.

Every car accident should be taken seriously. Below are some steps to consider if you have been involved in a low impact matter in the event injuries surface at a later time.

1. Check for Injuries

Damage to a car is readily apparent. The human body is different. Injuries are not so apparent. Therefore, if you have been involved in a car accident it is worth reporting to a medical professional or specialist to assure there are no underlying injuries.

Some injuries such as internal bleeding manifest later, and can be devastating. After a crash, you could be numb, or your adrenaline could be heightened. That’s why you need to be assessed for any internal organ injuries. Besides having tests, listen to your body and note any health changes over time. 

2. Contact the Police

You’re not legally obligated to contact authorities, but it’s a prudent decision. Contacting the police establishes a record that can be used later in a personal injury claim. The police report is a priority evidence document, and you should get hold of it immediately. 

When speaking with authorities, give accurate information and describe the nature of the minor accident in detail.

3. Gather Information at the Scene

In any accident, you must gather all the necessary information from all drivers involved. You also need to capture all the details of the witnesses as they might provide valuable information that can support your injury claim in days to come. 

Remember, you want to recover financial compensation for the physical destruction of your car, medical expenses, and lost wages, among others. That’s why you should capture all fundamental details such as:

• Names of drivers and witnesses
• Drivers’ licenses
• Addresses and phone numbers
• Any other helpful personal information

4. Gather Video and Photographic Evidence of the Accident Scene

You need to capture clear images of the crash before the vehicles can be moved. You can also capture real-time videos of the scene to support your photos. Ensure the extent of the vehicle’s damages at different angles and capture lanes, streets, and the surrounding location. This information is a critical piece of evidence and will be used to determine fault. 

5. Don’t Admit Fault for the Crash

Accidents, even when minor, have the potential to turn into a battle of words and can even get physical. The other driver is trying to intimidate and force you into accepting blame. That’s why you should not engage until authorities have arrived. 

Importantly, you shouldn’t apologize for the accident, as this implies you’re at fault. You should never admit fault, even when you feel partially responsible for the accident. Don’t get emotional, as this could easily get out of control. Instead, allow police to conclude their investigations and answer all questions honestly. 

6. Contact Your Car Accident Lawyer

At this stage, you no longer need to handle matters independently. Instead, you need an experienced car accident lawyer who can guide you on the next steps to take to get the compensation you deserve. 

Contacting a lawyer means taking the matter to the next level. It’s not just a police case but also an official insurance claim that might involve some complex legal issues. So, you should reach out to a California accident lawyer who knows how to go about it. 

Your car accident lawyer will assist in filing forms, liaising with insurance companies, calculating compensation, and representing you in court if the matter proceeds to a judge for determination. 

7. Contact the Insurance Company

With the help of a car accident attorney, you should notify the insurance company and file your claims with the evidence you’ve gathered. 

Unfortunately, insurance companies use various underhand tactics to delay your claim process or to push you into accepting a lower offer than you deserve. Others might try to bully you into accepting fault for the accident.

Don’t let insurance companies brush you away. With a personal injury lawyer beside you, the field will be leveled. 

8. Report to California Department of Motor Vehicles (DMV)

You might feel you don’t need to report a minor accident to a government body. However, if the accident damages exceed $750, you must record it with the California DMV. Failure to report within ten days can lead to license suspension. 

Your auto accident attorney will ensure all the necessary reports will be made within the stipulated period. A California accident lawyer ensures you’ll be in compliance with state regulations.

Lawyers for Minor Car Accidents in California

At LA Century Law, we are experienced accident attorneys in California who are focused on representing our clients. As a result, we’ve handled many auto accidents with a positive outcome for our clients. 

We’re proud of our reputation with personal injury cases, and we’ve guided accident victims through the claims process for maximum compensation. 

Our customized approaches to personal injury cases and auto accidents enable us to develop a plan that meets the needs of your unique case. If you’ve been involved in a minor car accident, message us today for a consultation. 

Frequently Asked Questions

Can I Settle the Case with the Other Driver’s Car Insurance Company?

You should not settle the matter with the other driver’s insurance company without the assistance of your personal injury lawyer. You might receive much lower than your full value. 

What If The Other Driver Does Not Have a Car Insurance Policy?

If you’re in an accident with an uninsured driver, you can get the necessary compensation from your insurance company if you have an uninsured motorist policy. 

Can I Recover Accident Damages if I Wasn’t Wearing a Seatbelt During Accident?

In California, drivers and passengers must wear a seatbelt when the car is moving. However, if you were not wearing a seatbelt during the accident, you might still qualify for damages from the at-fault party.

As the name suggests, a minor accident doesn’t cause any significant harm or injury. As such, most people tend to take it lightly. The thought of not involving an insurance company is always on their mind, and most people will always go ahead with this idea. As a result, they end up settling the claim on their own.

But is it worth it? Should you handle the car accident without notifying your insurance company? Here’s what you need to know.

When Should You Consider Settling Without an Insurance Claim?

Most jurisdictions don’t have a law that mandates policyholders who get into a car accident to report the accident to their automobile insurer. California is no exception.

As such, reporting an accident to an insurance company isn’t an absolute requirement. Therefore, you can choose to consider settling without the insurance company. 

Most people engage in private settlement when and only when the accident is minor. Unfortunately, this doesn’t always help since something that appears to be a minor accident may actually be more serious.

That said, if you consider settling without insurance following an accident, you need to ensure that both of you are in agreement. The other driver ought to be comfortable with the mode of settlement. 

For instance, if the other driver finds it imperative to make a claim with their insurance, then you should also report the accident to your insurance company. However, if they are comfortable with direct payments, you can agree to this method as well.

Essentially, an agreement is crucial when determining whether to settle without insurance.

How Should You Settle in a Car Accident Without Insurance in California?

If you are satisfied that settling without involving an insurance company is the right way to go, you need to take steps that will ensure that you don’t compromise your rights or any of your interests in the future.

The following are some of the key steps:

Exchange contact information with the other driver

This is a crucial step after an accident. Typically, you need to exchange vital information such as the name, address, phone number and license number. Just in case, you might want to get their driver’s insurance information.

Take a picture of the damage

Taking pictures of the damage to both cars helps provide cogent evidence and may be used as proof of an accident when disputes arise in future. Furthermore, it can be used when computing the amount of compensation required.

Obtain a police report

Even when the accident is minor, it is imperative to have a copy of the police report containing all the accident details.

Get a quote from a mechanic

A mechanic’s quote will help determine the extent of the damage and the amount to pair it. You can also get multiple quotes from two to three reputable mechanics. This will help you weigh your options, and it will inform your decision about whether you want to proceed without the insurance company.

Maintain a record of all correspondence

It is important to keep a paper trail after making any payments. Documentation provides you with valid evidence as proof of the transactions that took place.

Draft a legal agreement

As this is a commercial transaction, you need to have a legally binding agreement. Essentially, such an agreement should be governed by the law of contract, which necessitates that there should be a valid offer, acceptance and consideration. What’s more, the parties involved should have the legal capacity to enter into such an agreement.

For the avoidance of doubt or error, you should contact a personal injury attorney who can help you draft such an agreement and ensure that it is legally binding.

Is Handling a Car Accident in California Without Insurance a Good Idea?

As noted earlier, you can sometimes handle a minor car accident without insurance.

However, there are benefits and risks to doing so. When in doubt, consult with an attorney immediately before making any decision that affects your rights and interests in the future.

Essentially, a competent and qualified personal injury attorney will help you weigh your options and advise you on the best option to take.

California’s Car Accident Statute of Limitations

California’s accident claims are governed by the statute of limitations. This statute provides the time limit for filing a personal injury claim within this jurisdiction. The law provides that a claimant who wishes to file a claim for compensation should do so within two years after the accident.

This means that a claim filed after two years may end up being thrown out for being time-barred. It’s best to file a personal injury suit or claim as soon as the accident occurs to avoid any legal hurdles that may arise in the claim process.

Need Help Handling a Car Accident Claim in California? Call LA Century Law!

If you or your loved one was involved in an accident, consult a competent and qualified attorney immediately. An attorney will help safeguard your rights and ensure that you make the right choice. They’ll provide you with a breakdown of the law that applies in your case and assist you in arriving at a more informed decision.

At LA Century Law, we have established experience handling car accident claims. We can help you make the right decision relating to your car accident. Contact us today for a free case evaluation.

A car accident can put you in a state of shock. You may not know how to react or what to say. 

What you say following a car accident is extremely important. Statements made at the scene (whether to other drivers, witnesses or police officers), insurance carriers, and others may have a profound effect on the outcome of your personal injury claim.

LA Century Law has seen thousands of accidents over the years. We have encountered almost every situation following an incident. Below we have summarized some of the “Dos and Do Nots” according to our attorneys.

Do’s and Don’ts of Admitting Fault in a Car Accident

DO – Wait to make statements

A car accident is a stressful event. It’s natural to want to resolve it quickly and make sense of it all. However, you’re in an elevated state right after the accident. In addition, you may have physical injuries that prevent you from thinking clearly.

Take a deep breath and a step back. You don’t have to make statements right away. Cooperate with law enforcement and provide the necessary personal information like your license and vehicle details. However, wait to give detailed information about what happened. You may be unknowingly admitting to fault, even if you’re not at fault.

DON’T – Say “Sorry!”

It’s natural to want to be polite after an accident. You may want to say, “It was my fault” or “Sorry!” in an effort to smooth things over and keep the peace. Don’t ever say you’re sorry after an accident. You can expect the other party and the insurance company to argue that you know you did something wrong if you say you’re sorry after an accident.

DO – Ask if people are okay

While you can’t say you’re sorry, one important thing that you should do is ask others if they’re okay. Secure medical attention for anyone who has any possibility of injury. Helping others is not an admission of fault. It’s important to help others arrange for prompt medical attention.

DON’T – Assume you know what legal fault is

Legal fault isn’t always clear. There are legal definitions of what fault is. When you’re in an accident, you don’t always have complete information to evaluate the situation. There may be extenuating circumstances that you’re not aware of. Fault may be shared among multiple parties. It may take an investigation and legal analysis to determine fault. 

If you make statements too soon, you may be admitting to fault when you’re not at fault. It’s better to allow your lawyer to investigate and advise you as to how legal fault may be apportioned in the case.

DO – Report the accident to the insurance company

Even though you don’t want to make incriminating statements, it’s still important that you report the accident to the insurance company as soon as you can. For now, just tell them that you were in an accident and that there are damages. If you have physical injuries or a vehicle is damaged, you can provide that general information. Tell them that your lawyer will provide more information later.

DON’T – Give the insurance company a detailed statement right away

The insurance company may want you to make a detailed statement about the accident right away. They may even ask to record it. Don’t answer detailed questions or make admissions about your actions. Remember, the insurance company makes their profit from taking in more premiums than they pay in claims. When you have legal representation, your lawyer can provide the information necessary to process your claim.

DO – Work with a lawyer

When you have a lawyer, they are your representative. They can speak on your behalf while ensuring that you avoid making incriminating statements that may damage your case. A lawyer can evaluate the information that you are presenting and ensure that any statements you make are in your best interests.

DON’T – Assume you’re at fault because the police/insurance company says so

In the aftermath of the car accident, there may be others who make statements about fault. The police will prepare a crash report, and it might state a cause of the accident. The insurance company or even the other party may make accusations of fault. Remember, these people are not the ones who ultimately decide who is at fault. Your lawyer can help you investigate and determine how the law looks at fault for the case.

DO – Respond to interrogatories and other discovery requests

As the case moves forward to formal proceedings, you may participate in discovery. You may be asked to answer interrogatory questions or give a deposition. These are situations where you may need to answer questions under oath. 

It’s important to comply with the requirements for discovery in the case. Your lawyer can prepare you for how to respond to tough or confusing questions. You can also send discovery requests. Your lawyer can help you use the discovery process effectively.

DON’T – Post on social media

Even what you say on social media can be seen as admitting fault in a car accident. The best thing to say about the car accident on social media is nothing at all. It’s common for parties and lawyers to scour social media looking for posts that may be taken as incriminating. Don’t give them the opportunity! Don’t talk about the accident on social media. It can be taken out of context and used against you.

If you admit fault in a car accident, is it admissible in court in California?

If you admit fault in a car accident, there is a good chance that your statements will be admissible against you. In the California Evidence Code, statements are not hearsay when they are offered against the declarant who is a party in the case. However, evidence that a person made a settlement offer is not admissible to show fault.

(Sources: California Evidence Code § 1220; § 1152) 

Lawyers to Help with Fault in a Car Accident

The best way to protect your interests is to have a lawyer guiding you through the process. At LA Century Law, our lawyers ensure that you avoid admissions of fault, and we handle all of the interactions with the insurance company and the other party for you. When you work with us, your case is in good hands. Contact us today to see how we can help you with your car accident claim.

It’s always important to get a copy of the police crash report when you’re in an accident. Not only should you get a copy, but you should review it carefully.

How do you get a police crash report in California? 

Our car accident lawyers explain the ways to get your crash report.

How do you get a police crash report in California?

To get a police crash report in California, make a request for the report from the agency that investigated the accident. It may be the California Highway Patrol or a local police agency. Each agency has a procedure for requesting reports, and you may make the request by mail, in person or online depending on the procedures for the agency.

How to Get a Police Crash Report for a Car Accident in California

If the crash was investigated by the California Highway Patrol:

In Person

You can go to any California Highway Patrol office to request a copy of a collision report, if the accident was investigated by the California Highway Patrol. Find your nearest California Highway Patrol office. 

By Mail

A party who has an interest in the accident can use form CPH 190 – Collision Request Form to request an accident report by mail.

Send the completed form to the CHP office that reported the collision. You must also submit a copy of your driver’s license, picture identification or other proof that you are a party of interest. If you don’t have the required identification, your CHP 190 form must be notarized.

An interested party is any of the following:

• Driver
• Passenger
• Vehicle Owner
• Parent of a Minor Involved
• Legal Guardian
• Insurance Companies
• Attorneys
• Coroner
• Highway Construction and Maintenance Officials

To complete the form, you must provide the following information:

• Date of the accident. If you’re not sure, provide as much information as you can
• Location
• Drivers or vehicle owners involved
• Your name as the requester
• Your address
• Why you are an interested party
• Signature
• Fees

Through Your Insurance Company

You can ask your insurance company to provide you with a copy of the report. It may take longer to receive it, but the insurance company may not ask for a fee.

If the crash was investigated by a police agency other than the California Highway Patrol:

Each police agency has their own procedures for producing copies of police reports. Determine what agency investigated the crash. Check their website for the procedure for how to request a report, or call them and ask. Most agencies will produce crash reports in response to online, mail and in-person requests.

How do I get a police car crash report from the Los Angeles Police Department?

Los Angeles Police Traffic Collision reports are available online and through the mail. To make the request, submit the Traffic Collision Report Request Form or send a written request that includes the required information. Submit your request with a $16.00 check or money order. Cash is not accepted.

Submit your request to:

Los Angeles Police Department

Records and Identification Division

Document Processing Unit

P.O. Box 30158

Los Angeles, CA 90030

Can you get a copy of a car accident report in California if you live out of state?

Yes, you can get a copy of a car accident report in California if you live out of state. Complete and submit form CHP 190, and mail it to the appropriate CHP office, along with your identification and payment.

What does it cost to get a California car accident report?

Costs for a California car accident report are based on the size of the report:

• 1-25 pages = $10.00
• 26-50 pages = $20.00
• 51-75 pages = $30.00

For most reports, the charge is $10.00. There is no handling or mailing charge.

How do you pay for a California car accident report?

The California Highway Patrol accepts personal checks and money orders for car accident reports. Cash is not accepted for mailed requests. Credit and debit cards are not accepted.

How should you review a crash report for a car accident?

As you get a copy of the police report and review it, there are several things to keep in mind.

First, look at who created the police report. It may have been created by the responding officer who appeared at the scene and investigated the accident. However, drivers may also make their own written reports of accidents.

Always consider the source and the biases of the person who wrote the report. In the case of the investigating officer, they may state who they believe is at fault for the accident. Remember that their primary purpose is determining if traffic violations or crimes have occurred. They’re not in the business of determining civil fault and sorting out complex issues of comparative negligence. The investigating officer does not take the role of the jury. The observations that they record may be important. However, they are not the final say when it comes to determining civil fault.

Second, if the crash report was submitted by a party to the accident, keep in mind that their opinions may be biased. They aren’t likely to admit that they are at fault for the accident. The report may contain helpful information about witnesses and evidence. However, by itself, it’s not proof of fault. Use the report for the ways that it can benefit you and help you build your case. But remember that the report has limitations, and it does not take over the role of the jury in determining legal fault for the accident.

Getting a copy of the police report for an accident

It’s always important to get a copy of the police report when you’re in an accident. As car accident lawyers, we review the police report as a starting point to build evidence and investigate the case. A crash report can be a helpful tool to gather information and begin to prepare your claim for compensation.

Have you been in a car accident? Contact our car accident lawyers at LA Century Law for a review of your claim.

A rear-end collision happens in a fraction of a second. It may ruin your day – or change your life forever.

California is an at-fault state for all motor vehicle accidents, including rear-end collisions. If you have been hurt, you may deserve financial compensation. Our lawyers explain rear-end collisions and what to do if you’re a victim.

What is a rear-end collision?

A rear-end collision occurs when one vehicle hits another from behind. The vehicle in the back hits the one in the front when both vehicles are traveling in the same direction.

What is the law that applies to rear-end collisions in California?

The law that applies to most rear-end collisions in California is California Vehicle Code § 21703. It says that a driver may not follow another vehicle more closely than is reasonable and prudent.

When determining a reasonable following distance, all drivers must consider:

• The speed of the vehicle in front of them
• Traffic conditions
• Conditions of the roadway

A driver who causes a rear-end collision will most often be cited for violating California Vehicle Code § 21703 – Following Too Closely. The law requires each driver to leave enough following distance to stop for the vehicle in front of them. 

Who is at fault for a rear-end collision?

The driver in the back is usually at fault for a rear-end collision. They must be able to stop for the vehicle in front. But there are some exceptions.

What are some reasons that rear-end collisions occur?

Some common causes of rear-end collisions are:

• Misjudging the stopping distance needed for the vehicle in front
• Tailgating – following too closely
• DUI/Drunk driving
• Texting and driving, distracted driving
• Speeding
• Weather and road conditions
• Mechanical failures
• Medical events
• Being unfamiliar with the braking capabilities of the vehicle

Why is the driver in the back usually at fault for a rear-end collision?

The driver in the back is usually at fault for a rear-end collision because it’s their job to know what’s going on in front of them and leave enough room. It wouldn’t be practical to require the person in front to adjust their speed or driving behavior based on what the person behind them is doing. 

The person in front may not impede traffic. Impeding traffic is a violation of Vehicle Code § 22400(a), which prohibits driving at such a slow speed to block the normal movement of traffic. The person behind them must still leave enough space to react. The person in front may have contributory negligence for slamming on their brakes or driving very slowly. Still, the person in the back usually has most of the culpability for a rear-end collision.

What are some circumstances where the driver in the front is at fault for a rear-end collision?

The driver in the front may be at fault in a rear-end collision for:

• Slamming on their brakes for no reason
• Driving very slowly
• Purposefully backing up into the vehicle behind them
• Merging when there isn’t room
• Broken taillights or other vehicle malfunction
• Insurance fraud, purposefully causing a crash

A driver in the front can be at fault for a rear-end accident. Their fault may be total or partial.

For example, two drivers are stopped at a traffic light in a row. The driver in front accidentally (or intentionally) goes in reverse, running into the vehicle behind them. That’s a situation where the driver in front is at fault.

What is the penalty for a violation of California Vehicle Code § 21703 – Following Too Closely?

A violation of California Vehicle Code § 21703 – Following Too Closely is a civil infraction. The person cited must pay a fine. There is also one point assessed to their driver’s license. In turn, that can increase insurance rates.

Following too closely is not a crime. You’re not going to go to jail for it as long as you address the ticket and don’t miss a court date. You have the right to a hearing if you disagree with the ticket.

Are there any other laws that may be relevant to a rear-end collision?

In addition to the following too closely law (§ 21703), other laws that may be relevant in a rear-end collision are:

• § 22350 – Basic speed law – A driver may not drive at a speed that endangers others
• § 22100.5 – Improper U-turn – Trying to make a U-turn when it isn’t safe to do so
• § 21658 – Improper merging – Entering another lane of travel when there is not enough room
• § 23152 – Drunk driving – Driving under the influence of alcohol or with an unlawful alcohol content

A person involved in a rear-end collision may receive one or more traffic citations. If they are not at fault, they should not receive a citation.

Is following too closely automatic fault in a rear-end collision case?

The party at fault for a rear-end accident will often receive a ticket for following too closely. That’s strong evidence of fault for the accident. The violation creates a presumption of negligence for the accident. The question is whether the person violated the law and whether the violation was a substantial factor in causing harm to the victim.

How to evaluate a rear-end collision

If you’re involved in a rear-end collision, know that the vehicle in the back is usually at fault – but not always. It’s important to evaluate the entire situation. Fault may be shared, and our lawyers can conduct a follow-up investigation in addition to what the police may have done.

In general, the party at fault for the accident should pay damages. All drivers should have minimum amounts of insurance to satisfy a claim. Of course, these amounts rarely cover accidents of even moderate severity, so it’s important to look further. The driver may have additional coverage, or you may have additional insurance that covers collisions, medical expenses, or an uninsured or underinsured driver.

Lawyers for Rear-End Collisions

Our lawyers can help you evaluate the circumstances and claim fair compensation following a rear-end accident. At LA Century Law, we help individuals and families. We’re committed to helping each client receive fair compensation for injuries, damages, and harms. Contact us today to learn more about how we can help you.