Car Accident Claim Process in California

The car accident claim process in California involves reporting the collision, collecting evidence, filing a claim, and negotiating with insurance companies. A California car accident lawyer can guide you through this process and help you fight for the compensation you’re entitled to. 

At Sweet James, we focus exclusively on accident and personal injury cases, drawing on our experience and insights from previous cases to evaluate claims and develop effective legal strategies. From the initial investigation all the way through to negotiations and trial if necessary, we’ll take care of you every step of the way. 

How Does the Car Accident Claim Process Work in California?

For most car accident claims in California, you can usually expect evidence gathering, establishing fault, filing a claim with the insurance company, going through negotiations, and occasionally taking the case to trial. 

A car accident lawyer from Sweet James can help you throughout each stage of the process, providing ongoing legal representation to make sure your claim is filed correctly. Here’s how it works:

Report the Accident 

After you’ve removed yourself from the dangerous situation and received emergency medical treatment, you should report the accident to local law enforcement. 

The California Highway Patrol (CHP) typically handles collisions on state highways and unincorporated roadways. Depending on where the crash happened, you might be required to report the crash to local police, such as the Los Angeles Police Department (LAPD), San Diego Police Department (SDPD), or Sacramento Police Department (SPD). 

California also requires drivers to submit a DMV Traffic Accident Report (SR-1) within 10 days of the accident if it resulted in an injury, death, or over $1,000 in property damage.

Document the Scene 

While you’re at the scene of the collision, try to get as much evidence as possible. This may include photographs of the scene, your injuries, vehicle damage, and road conditions, as well as any video footage. 

You’ll also need the name, address, contact details, driver’s license details, and license plate number of all other drivers involved in the accident. You should then try to gather contact information from any witnesses.

Tell Your Insurance Company 

Next, you’ll want to notify your own insurance company. They can explain more about your coverage and what your options are if the other driver doesn’t have insurance. Avoid discussing fault or speculating about what happened. Instead, stick to the facts and keep conversations brief until you know more about the crash. 

Gather Additional Evidence 

Your attorney can help you gather additional evidence to help prove liability and establish the full extent of your damages. This could include your medical records, witness statements, vehicle repair estimates, surveillance footage, dashcam footage, and more. You can also request a crash report from the CHP to further strengthen your claim. 

Submit Your Claim 

Your next step is to actually file your claim through the liable driver’s coverage. You should include information about the collision, who was involved, and the damages you’ve suffered. Your lawyer can ensure your claim is thorough and accurate.

Negotiate for a Fair Settlement 

You deserve a settlement that accurately reflects your economic and non-economic losses. When the insurance company provides an offer, you may need to negotiate with them to get a fair settlement. Sweet James can handle these conversations on your behalf.

Go to Trial 

If an agreement cannot be reached, you may decide to go to trial. Litigation can involve multiple hearings, more evidence gathering, expert testimony, and depositions. 

Car accident lawsuits in California are usually heard in a Superior Court close to where you’re located or where the accident happened. For example, your case may be heard in Los Angeles County Superior Court or San Diego Superior Court. 

How Long Do You Have To File a Car Accident Lawsuit in California?

Under California Code of Civil Procedure (CCP) § 335.1, you usually have two years from the date of the accident to file a personal injury lawsuit. However, CCP § 338 gives you up to three years from the date the damage occurred to file a lawsuit for property damage only.

While these deadlines are fairly strict, they may differ depending on the circumstances of your case. For example, claims against government entities usually require filing an administrative claim within six months of the incident.

A Sweet James California car accident lawyer can explain more about these deadlines and help make sure your claim and lawsuit are filed on time. 

California Car Accident Claim Process FAQs 

Here are some of the most common questions we’ve been asked about the car accident claim process in California:

What Is the Typical Settlement for a Car Accident Claim in California?

There is no typical settlement amount for car accidents in California. Insurers will base their payout on the severity of your injuries, medical expenses, lost wages, pain and suffering, emotional turmoil, and more. As such, compensation differs in every case. 

That said, our team recently recovered $17,476,817 in damages for two clients injured in a car accident in Hanford, California. The successful recovery followed an extensive jury trial, where we represented both clients through comprehensive litigation. Past results do not predict future outcomes.

How Long Does a Car Accident Lawsuit Take?

A car accident lawsuit can take a few months to a year or more to complete. The timeframe entirely depends on the complexity of your case. 

Claims where fault is clear and there are few or no disputes take a lot longer than claims where insurers challenge your injuries or deny liability. 

Should You Accept the First Settlement Offer You Receive? 

You should only accept the first settlement offer you receive if you and your lawyer truly believe that it reflects the full value of your claim. Otherwise, you should consider negotiating for a higher payout. 

The first offer from an insurance company often undervalues your losses and may not account for all your damages, especially if you’re still receiving medical treatment. The team at Sweet James can review your case and provide an estimate of what the liable party could owe you before fighting for a better offer. 

Get Help Throughout the Claims Process with Sweet James 

The car accident claims process in California can be lengthy and occasionally convoluted. As such, you should hire a car accident attorney from Sweet James. Our team has the experience and dedication to help you throughout the process, taking care of everything from filing your claim to representing you in court if needed. 

With more than 600 five-star reviews across Google and Yelp, we’ve built a reputation for reliable legal services and compassionate client care. Book a free consultation with us today to discuss your case and learn more about how the process works.