What You Need to Know About Car Accidents and Insurance

The first thing we tell victims of car accidents in San Diego is that no matter how nice they seem, the insurance adjuster is not on your side. If it's an insurance adjuster's job to keep their employer in the business, what are their actual motives: to help you get a fair settlement or keep their boss in the black?

The best way to ensure that your legal rights are not being taken advantage of during the injury claims process is to work with San Diego accident lawyers who know what you are entitled to and aren't afraid to stand up to the insurance companies and their ruthless tactics when it comes to denying or reducing the injury claims of San Diego accident victims.

San Diego Car Accident Statistics

Auto accidents involving cars, trucks, and other motor vehicles are one of the leading causes of preventable death in the United States and a cause for concern for San Diego County residents.

San Diego Car Crash Statistics:

  • Under-the-Influence Crashes: In 2019, 50% of all drivers killed in motor vehicle crashes who were tested, tested positive for legal and/ or illegal drugs, an increase of 8% from 2018. 1 in 3 crash deaths in the United States involve drunk driving.
  • Speeding Accidents: Nearly 1 in 3 crash deaths involve speeding.
  • Fatal Accidents: In addition to fatalities, more than 2 million people per year are injured in auto accidents.

When to Hire a Car Accident Lawyercar slamming into another car in san diego ca

  • You suffered serious injuries, or a loved one died. Devastating injuries or fatalities increase the value of your claim—and also make it more complicated. The insurance company may fight harder and longer to get you to accept a lower settlement or take a position that they're not responsible for paying you. In addition, more negligent parties could be responsible for compensating you. In all of these circumstances, you'd have a serious disadvantage in the case without the help of an attorney.
  • You became disabled. If you can no longer work due to your injuries, you could need ongoing medical care, and your claim might need to include lost earning capacity over your lifetime. An attorney has the expertise to calculate these damages and will fight to ensure you receive the necessary compensation for your future needs.
  • Multiple parties caused the accident. If more than one party caused your car accident, you'll need to file claims with multiple insurance companies. Settling them can be complicated because negotiations are often done simultaneously, and the parties may place fault on each other.
  • The driver was underinsured or uninsured. Either of these circumstances requires a skilled attorney to identify other avenues of compensation, such as uninsured or underinsured coverage under your current auto policy. He can also ensure that your carrier treats you fairly.
  • The deadline to sue expires soon. You must file your lawsuit within California’s statute of limitations, which is usually two years from the realization of your injuries. This is the time you have under California law to file your complaint. If your accident occurred a while ago, you should contact an attorney immediately to be certain that your civil complaint is filed before the statute of limitations expires.

Questions to Ask a Lawyer After a Car Accident

  1. How soon after my car accident should I retain an attorney? If you were recently injured in an auto collision caused by a negligent driver in San Diego or Southern California, you might believe you have plenty of time to hire a lawyer. However, you would make a big mistake that could weaken your claim if you wait to retain an experienced car accident lawyer. You should contact an attorney to represent you immediately after the crash.

  2. Should I give a recorded statement to the insurance company after my car accident? You should politely say no if the insurance company wants you to give them a recorded statement. You are under no obligation to give a recorded statement in order to reach an agreement with the insurance company or to litigate your claim if they refuse to be reasonable. 
  3. How much does a car accident attorney cost? Fortunately, you can put aside any worries you have about affording an attorney because most lawyers—including my law firm—charge their fees in these cases on a contingency fee basis.  This is an attorney fee arrangement where a client does not pay an attorney for his or her legal services until the time of settlement.  It is normally used in a personal injury case.
  4. Do I have to report a car accident? Yes. If you're involved in a car wreck, you have specific duties to report the crash under California law.
  5. What if the other driver doesn't have insurance? By law, California drivers must have liability coverage for their automobiles, but it's estimated that about 1 in every 3 drivers have no car insurance and that many more have inadequate insurance. In most cases in which your injuries are caused by a negligent driver who's not insured, your uninsured/underinsured motorist coverage policy should cover your claim.

Contact a San Diego Car Accident Lawyer Today

If you've been hurt in a car accident and have questions about filing a personal injury claim, our law firm can help you obtain the money you need to fully recover from your injuries. You can find out whether you have a valid case at no cost to you. That’s because we offer free consultations.

To request a free consultation with our team, reach out by calling 619-813-7955 or filling out the online contact form below. We have been proudly servicing clients throughout San Diego, California, and the surrounding areas.

Mark Blane
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San Diego Personal Injury Lawyer | California Car Accident Attorney