Being involved in a car accident is something that happens to nearly all drivers at some point in life. It is never pleasant. It is always stressful. And it is frequently life-changing.
The truth is, most drivers are not involved in car accidents frequently enough to ever begin to feel comfortable with the process of handling and resolving insurance claims. And we think this is a good thing!
But it does mean that it is likely never going to feel any easier to navigate common questions like “when should we hire an attorney after being in a car accident?
In this blog post, we offer timely general auto accident information to help you decide whether now is the right time to hire a personal injury lawyer in Los Angeles.
What to Do Right After a Car Accident
Whether or not you eventually decide to hire a car accident lawyer, there are some critical steps you should always take, personal safety and medical condition permitting, right after a car accident has occurred.
1. Call 911 (if anyone is injured) and the police (always, to file an accident report).
You want to be sure to get medical attention promptly for yourself and anyone else at the scene who may require help.
The police need to file an official accident report – this is California law. The accident report can also be legally admissible in court as an objective third-party account of what occurred at the scene.
2. Begin to document everything you see and everything you remember.
As soon as it is safe to move about and if you are medically able, begin to document the condition of your vehicle and the other vehicle(s). Take videos and photos of the scene and surroundings. Note the weather, time of day, traffic and road conditions, signage (or lack thereof) and any other relevant information.
While you may not have medical symptoms right away, if you do note these down as well. Use a recording app or your phone notes app if you don’t have pen and paper handy.
3. Exchange insurance and driver license information with the other driver(s).
Keep your interactions with the other driver(s) brief and to the point. Never agree to speak to the other driver’ insurance claims agent, even though they will likely as you to do this. You are not legally obligated to do this and this could be viewed as an admission of guilt later.
Stay calm and polite and walk away as soon as the information exchange is complete.
4. Contact your insurer to begin the process of filing an accident claim.
Call your own insurer and start the process of opening an insurance claim. This will permit you to get a temporary vehicle, medical attention and anything else you may need that your policy allows for right away.
5. Talk with witnesses and get their contact information.
If you are lucky enough to have witnesses who have lingered at the scene and are willing to talk with you about what they observed, take down their information and record or jot down what they remember seeing.
6. Continue documenting what you remember and any medical issues that arise.
By taking these steps and following up with the police to get a copy of your accident report, you show good faith that you want to resolve the car accident claim promptly and fairly for all involved.
When Should You Consider Hiring a Car Accident Lawyer?
This question doesn’t have a one-size-fits-all answer. Rather, it is much more helpful to be aware of the most common situations when it is better to involve a personal injury lawyer in Los Angeles right from the start.
1. The accident caused injuries.
If there were any injuries associated with the auto accident – either yours or the other driver(s) – it is usually wise to seek legal counsel right from the start.
The more serious the suspected or confirmed injuries, the more urgent it is to seek legal representation to protect your interests.
2. The accident included fatalities.
If you are ever involved in an auto accident where there is a fatality, you should seek legal representation right away.
3. The accident occurred in a construction zone.
Accidents that happen in a designated construction zone can come with much stiffer penalties than might otherwise be assessed. Fines, fees and points can double or even triple, putting you at risk for restricted driver privileges or even loss of license.
You should always reach out for legal guidance after a construction zone accident.
4. The accident included a ridesharing service driver.
Ridesharing services like Lyft and Uber are on the rise throughout California, but accidents that involve ridesharing drivers aren’t quite so straightforward as you might think.
This is a new and rapidly evolving area of traffic law and you will want to have your own legal representation to look out for your interests, whether you were a personal driver, bystander or passenger involved in a ridesharing accident.
5. The other driver(s) do not have auto insurance or have very minimal coverage.
Many drivers who are involved in an auto accident for the first time don’t even fully realize what it means that California is a “fault” state. What this means is that, when it comes to settling insurance claims for auto accidents, California assigns financial responsibility based on driver error.
You can be declared not at fault, partially at fault or fully at fault, with fines, fees, penalties and points that may be assessed accordingly.
Where this can get especially concerning is when the other driver does not have auto insurance or has only minimal insurance coverage. Some drivers even find their own insurer threatening to drop their coverage due to the payout responsibility!
You never want to let this type of situation evolve without bringing your own legal counsel on board to speak for you.
6. The accident puts you at risk of losing your driver privileges.
Anytime the accident puts you at risk of receiving downgraded driver privileges or losing your license altogether, this is always the right time to bring in your own legal counsel.
7. Your insurer seems to be stalling on settling your claim or providing your benefits.
When your insurer is not forthcoming with the insurance benefits your policy is supposed to provide you with, you want to swiftly move to seek legal guidance to get the claims resolution process back on track.
Do You Need a Car Accident Lawyer?
Sometimes it is not so clear whether or not you need to retain the services of a personal injury lawyer in Los Angeles. Reputable law firms will provide potential clients with a free initial consultation to determine whether your case could benefit from legal assistance.
If you are not sure whether you need an auto accident lawyer, the smartest next step is to schedule your free initial consultation so you can discuss the details of the accident, the claims process to date and the outcome you are seeking. This will help you make the decision whether or not to bring on an attorney to represent you.