Car accidents happen so suddenly that they will typically take you by surprise. You may have serious injuries that keep you from working, adding more stress and strain that can lead you to your breaking point.
It can be difficult to navigate the paperwork with the insurance company and sort everything out, especially if you suffer from painful injuries. Can’t someone else do it? Do you need a lawyer for a not-at-fault car accident?
Yes, you should immediately seek legal advice for non-fault car accidents. An experienced car accident attorney fights for you, ensuring you receive fair compensation for your injuries and suffering.
Can I Be Blamed for a Car Accident That Wasn’t My Fault?
In California, the state abides by an at-fault model for car insurance. This means that the driver who caused the accident will be held responsible for paying damages. If you didn’t cause your car accident, you may feel that the burden of liability is now off your shoulders..
However, the rule of pure comparative negligence in the state is also something to factor in, as it could result in your receiving partial blame for the accident. This rule allows that you can be up to 99% at fault for your injuries and still recover compensation, but it can significantly reduce your compensation award.
How can you be blamed for an accident that wasn’t your fault? Insurance companies work to protect their profits, not your best interests. They could twist your words or claim that you were exceeding the speed limit to justify reducing their settlement payout. Under this California rule, you can be assigned a percentage of the blame, such as 10% or 20%, which is how much your compensation would be reduced.
Unfortunately, when medical bills pile up, and you must seek ongoing medical care because of the negligence of another driver, this reduced compensation means you’ll likely have to pay for other costs out of pocket.
When you face these insurance companies without representation, you’re facing attorneys who have zero concern about what a subpar settlement will do to your life.
Why Hire a Lawyer for an Accident That Wasn’t Your Fault?
Hiring a lawyer for a car accident you did not cause is the best way to protect your legal rights after a car accident in California. A lawyer fights for fair compensation, ensuring you receive the money you need to cover medical costs; an experienced attorney also manages any necessary investigations and insurance negotiations. Crucially, an attorney serves as your constant advocate, fighting for you when insurance companies try to blame you for an accident you didn’t cause.
A Lawyer Ensures You Get the Full Compensation You Deserve
Most people who handle their own car accident claims do not realize all the things they may be entitled to when they file. You’ll likely know about your medical bills, property damage, and lost wages, but what about other expenses you’ve paid out of your own pocket?
You may not think about the cost of your future medical expenses or if you’ll be forced to take a lower-paying job due to your injuries. There are also non-economic damages you can seek for your mental anguish and pain and suffering.
If you didn’t think about these things and accepted a settlement check, it’s too late to go back and seek the full amount of compensation you are owed. If you haven’t taken this step, make sure you contact a car accident lawyer in Los Angeles immediately.
A Legal Ally Manages Investigations and Negotiations
Your lawyer serves as your advocate and ally, managing the investigation process when you are injured in an accident you didn’t cause. In serious accidents, victims are often taken away in an ambulance before they can take photos of the damage. However, you need evidence when you submit the claim to the other driver’s insurer.
If you don’t have photos, your attorney uses their resources to obtain traffic camera footage or surveillance videos from nearby businesses. They can hire expert witnesses such as accident reconstructionists to prove how the crash occurred. They can also speak to witnesses who saw the accident and get statements that strengthen your case.
A Car Accident Lawyer Ensures You Don’t Take the Blame
In a car accident, it is easy to take the blame when you speculate about how it happened rather than focusing on the facts. This can occur when you’re discussing the accident with the insurance adjuster or the other driver.
You may have told the other driver that you were sorry after the crash. It’s a reflexive action to apologize even if you haven’t done anything wrong. After a car accident, saying you’re sorry can be twisted to mean that you are admitting fault. If you said those words or something similar, your attorney can take over and counteract greedy insurance companies and their litigation teams who try these devious tactics to avoid making insurance payouts.
Your Lawyer Manages the Details while You Rest and Recover
You need rest from your painful and debilitating injuries, which is impossible when you’re chasing down the insurance company to cover the losses caused by their negligent policyholder. You’ll have many follow-up appointments with your doctors and may need to see specialists, too.
You need to attend these appointments to show proof of the extent of your injuries. Insurance companies notoriously reject claims on the grounds that injuries aren’t as serious as victims claim. An attorney manages the entire legal process, allowing you to follow doctors’ orders for your best chance at recovery.
Most personal injury cases get settled during negotiations, though more complex scenarios may go to a trial. An attorney will be ready for trial from the beginning of your case and will know what to do if any challenges arise. Having an attorney on your side is the best way to ensure that your legal rights are represented.
The Legal Process of a Car Accident Lawsuit
What happens when you have a car accident? The first step will be to file a claim with the other driver’s insurance company.
If your accident is serious and you have severe injuries, you need an attorney. The other driver may deny that they caused the accident, and investigations will be conducted. Attorneys also know the time limits that are permitted for filing these cases, and in California, you only have two years.
Negotiating with an Insurance Company after a Car Accident
In some cases, the negotiation process is simple, and it ends right here with the insurer providing a settlement. An attorney will review the settlement amount to make sure it is enough to cover your financial losses caused by this event. If the insurance company offers a low-ball settlement, your lawyer will negotiate and fight until they get a fair amount.
When negotiations don’t pan out, your attorney will then file an official complaint to start your lawsuit. The other driver or their insurance company must respond to this complaint. Your attorney will also have to prove negligence to hold the other driver liable for your injuries and other financial impacts.
How Do You Prove Negligence In a Car Accident?
Proving negligence requires that you show the other driver owed you a duty of care. This may be the easiest part since every driver owes one another the duty to drive in a safe, law-abiding manner. This duty must have been breached in some way, perhaps by texting and driving or drinking and driving. The breach in duty must have caused the accident, which directly led to your injuries and damages.
Legal Advice for Non-Fault Car Accidents
If you’re wondering, “Do I need a lawyer for a car accident I didn’t cause?”, the answer is “yes!” Hiring a lawyer is even more important when you’ve had a serious car accident that resulted in severe injuries.
At Azizi Law Firm, we fight for justice and compensation after car accidents to stand up for those who are being taken advantage of by large insurance companies. You’ll be able to review your options and make the right decision for your needs. Getting legal advice for non-fault car accidents comes at no obligation to you. You’ll learn how to get financial and emotional support in your time of need.
As a car accident victim, you’ve likely lost enough already. When you hire our attorneys, we seek compensation to help you regain, recover, and restore your life to enjoy it the way you deserve. We provide a free case evaluation to help assess your legal situation. Contact us today!
