The question of should you move your car after an accident often comes to mind. There’s a common belief that you shouldn’t touch anything in accident cases until the police arrive, and that’s true to some extent. 

However, if your car is blocking traffic or causing a roadblock, moving it to a safer spot is okay, but there are some exceptions. In some cases, you shouldn’t move your car or even a small object from the accident scene even if the road is blocked. 

To help you, we’ll answer the exceptions in which moving your car from the accident scene creates a legal issue and what exactly you should do after a car accident. So, let’s get into the details below! 

Is It Illegal To Move Your Car After an Accident?

Fortunately, there’s no obligation from the law for you to move your car to a safe place after an accident; it’s also a recommended step. By doing this, you’ll make sure traffic remains in flow, preventing road congestion. 

According to California Vehicle Code Section 20002: 

“The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists.” 

The police and ambulance for medical help can also reach you on the spot easily if there’s no traffic jam on the accident road. Moreover, this step reduces the risk of another accident due to the roadblock.

The best places to move your car after an accident are parking spots or the shoulder of a highway. But remember, it’s not necessary; your safety and health always come first. If you cannot move or feel pain, it’s advisable to wait for medical help.

Once medical help comes, explain your situation to them, ensure you’re in good health, and then proceed to move your car. The law doesn’t force an injured person to move their vehicle until they are physically able to do so.

When To Not Move Your Car After An Accident?

Besides your health, there are many other situations in which you shouldn’t move your car after an accident. Otherwise, you may face legal consequences because moving a car in particular situations can risk your or others’ lives. 

1. Totalled Car: The first situation in which you shouldn’t try to move the car is when it’s totalled completely or running improperly. In these situations, the car isn’t safe to move, and it might lead to another dangerous accident. 
2. Unstable Road: In some cases, the debris of the car crash comes in the way while parking the car in a safe place. If this is the situation, you shouldn’t move the car because while doing this, you might get injured. 
3. Explosion Hazard: A strong gasoline smell inside or near the car means the fuel tank is leaking. It’s dangerous as a leaking fuel tank could lead to an explosion or fire. Hence, you should better stay away from the car. 
4. Death or Serious Injury: If you or the driver in the other car is seriously injured or someone died due to the accident, don’t move the car. Doing so can mess up the evidence and make injuries worse.

Leaving the scene of an accident in Northern California is common. Although it’s problematic for drivers and victims, the side that suffers most is the victim. They get to deal with injuries, mental trauma, medical bills and the legal process of settlement with the driver. 

Although, in many cases, the driver gets to deal with legal repercussions. However, it only happens if the person who got hit takes them to court, and there’s enough proof to show who did it, so whether you get justice or not depends on various factors. 

To help you out, we’ll explain what can happen to the driver in a hit and run accident case according to California law. We’ll also share a detailed guide about what you should do if someone leaves you after causing a car accident.

What Will Happen To The Driver In Hit & Run Case?

As the name suggests, hit-and-run accident cases mean when a driver hits a car and leaves without informing police or the owner of the other car. Any driver who does that will have to face consequences. According to the California law vehicle code 20002: 

 The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. Moving the vehicle in accordance with this subdivision does not affect the question of fault.

Drivers who don’t stop hitting someone’s car and leave immediately will face charges of misdemeanor crime. In case no one is in the car, you should leave a note with your contact details and inform the police on the spot. 

Failing to comply with the laws will get you into legal and financial trouble. A driver might end up in jail for up to six months, be fined up to $1000, or even face both consequences. If the case involved death, the driver will have to face the felony hit-and-run charges. 

Felony hit-and-run charges are more serious than misdemeanor charges because they involve death. In these types of cases, the driver might get imprisoned for up to 4 years and fined between $1000 to $10,000.

Some people think reporting a car accident isn’t important, which is nothing but a misconception. No matter what the seriousness of the accident, whether it’s minor or a big accident, you must report it within 24 hours. 

It’s important that law enforcement agencies record the details of the accident and catch the culprit. By reporting the accident, you’ll also be able to continue the insurance claim process, as it’s required to submit the police report copy for claims in some states. 

To help you, we’ll explore whether you need to report a car accident in northern California and what California law says about accident cases. We’ll also address what would happen if you don’t report the accident. So, let’s get into the details! 

Do You Need To Report A Car Accident In Northern California?

Yes, you need to report a car accident in Northern California. According to California law section 20008, a person should submit a written report about a car accident within 24 hours. If you’re unavailable or injured, someone else can also submit this report on your behalf. 

Remember, the written report differs from calling the police at the time of the accident. After the written report, you also have to submit the SR-1 report to the DMV (Department of Motor Vehicles). 

The SR-1 report should be submitted within 10 days if someone is injured, died, or any of the drivers has a financial loss over $1000. Your lawyer, insurance agent, or broker can also file the report to the DMV. 

Should I File A Police Report For A Minor Car Accident?

Minor car accidents are basically one that doesn’t pose any threat of death to anyone or lead to a big financial loss. Most individuals think it’s not necessary to report these accidents as no one is injured. 

However, the truth is you must report the accident to the police department, even if it’s minor. Failure to report can have adverse consequences. Without an official report, you may find yourself vulnerable in case of a claim. Since there’s no proof, your case will be weak. 

What Happens If You Don’t Report A Car Accident In California?

There are three possible consequences that can happen if you don’t report a car accident. All of these are serious, as they can lead to a big insurance claim, financial loss, or prolonged legal proceedings if things go to court. 

1. Insurance Claim: If you don’t report the car accident, it means there’s no valid proof about what exactly happened. As a result, the driver of the other car can make a big insurance claim that the mistake was yours. 
2. Financial loss: Sometimes, we don’t realize the actual financial loss at the scene of the accident. But after a day or two, we noticed the damage to the car. So, if you delay reporting and later realize the car damage, you’ll not only face a financial hit but also encounter challenges when trying to file a claim. 
3. Legal Proceedings: The third consequence will be you might have to deal with long legal proceedings. Even if you’re innocent, the lack of a report could work against you, especially if the other party decides to make an insurance claim or go to court.

Car accidents are bad news; even a minor crash can cost you a lot of money and cause physical and mental pain. Hence, that’s the reason the law supports pain and suffering claims for car accident cases. 

The pain and suffering settlement ensures the victim of the car accident case is compensated. This compensation isn’t only about the financial loss but the incalculable cost of the mental trauma and physical pain the person has suffered since the date of the accident. 

To help you out further about this topic, we’ll address questions like what exactly is the pain and suffering settlement and who’s eligible for it. Also, we’ll answer how you can follow up a pain and suffering claim without the help of lawyers. 

What Are Car Accident Pain And Suffering Settlements? An Overview

The simple definition of pain and suffering settlement is the physical and mental distress suffered from an accident. The physical and mental distress includes disabilities, loss of lifestyle, depression, discomfort, and things that come under “general damages.”

If you’re facing any of the situations mentioned above, you can go for a car accident pain and suffering settlement. The lawyer you’ll hire will calculate the pain and suffering amount by multiplying it by the total loss, and you’ll get the compensation. 

Who Is Eligible For Pain And Suffering Settlement?

If the car accident has affected you physically, emotionally and mentally, and made your life difficult, you could be eligible for a settlement. But there’s one important point: you should be the victim in the accident case. 

In other words, if you’re in pain, feeling discomfort, fear, shock, grief, depression, anxiety etc, because of the carelessness of the other driver, the law is on your side. However, various factors can affect the case, like how bad your injuries are and who’s to blame. 

The law of the state you’re living in also plays a crucial role in determining whether you’re eligible for the pain and suffering settlement or not. That’s why the best is to consult with a lawyer first and then go for further process. 

What Is A Typical Amount of Pain And Suffering?

Since the pain and suffering settlements are mostly based on emotional and mental suffering, it’s difficult to calculate the damage. After all, it’s not easy to put a number on feelings like sadness or fear.

So, usually, lawyers follow two methods to calculate the amount of pain and suffering settlement. The first is the Multiplier method, and the second is the Per Diem method. Both methods are completely different; let’s understand it with the examples below.

Pain And Suffering Settlement Examples

Suppose a woman named Mary had an accident a month ago. She got seriously hurt, and even after receiving treatment and getting back on her feet, she’s now afraid to drive. This fear is keeping her from going to her job and living her life as she did before. 

In the Multiplier method, a lawyer will calculate the financial loss, including all bills, loss of wages, etc., and multiply it by 1.5 to 5. If the accident is minor, the lawyer will multiply with 1.5 to 2; for a major accident, the settlement would be 5 times the total loss. 

• Multiplier Method Example: [Total loss: $2000] x [1.5] = $3000 for pain and suffering settlement.

However, in the Per Diem method, the lawyer will calculate your daily earnings to the days you’ve been suffering since the accident. For example, if the accident happened on the date of 15th of November, the lawyer would consider the days from the 15th until the present.

• Per Diem Method Example: [Daily wage: $100] x [Days you’ve been suffering: 20] = $2000 for pain and suffering settlement. 

Getting into a car accident, whether it’s minor or serious, is bad news. It’s even worse when you’re blamed for something you didn’t do as almost all countries have strict laws for the guilty person in car crashes. 

The laws can lead to jail sentences and settlement of thousands of dollars depending upon the accident. If you don’t want this to happen, you need to prove yourself innocent. It might be a difficult process without the help of a lawyer, but it’s not impossible. 

For your help, we’ll discuss how to prove you are not at fault in a car accident. We’ll share the five important steps you should take to prove you’re not the one who’s at fault. So, let’s get into the details!

5 Steps To Prove You’re Not At Fault In Car Accidents 

Here are the five simple steps you should take when you’re not at fault in car accidents. These steps include preparing yourself, gathering evidence, taking help from police, medical reports and CCTV footage. 

1. Prepare Yourself 

The first thing you should do is prepare yourself to defend. It’s a long process and not as easy as it might seem. You’ll need to learn about the basic traffic laws and state laws, and this means more than just reading – you need to understand them.

To learn about the law, you can visit the official websites of law enforcement agencies in your state. Another option is to read a book about the subject. It will not only help you defend yourself but also stop you from making mistakes. 

What else can you do?

In accident cases, you may have to interact with police and lawyers multiple times. The issue is most people give statements without thinking twice due to a lack of knowledge about the legal issues, which can weaken your case. 

However, if you’ve done your research and have a good grasp of the basic law and legal issues, you’ll be more careful with what you say. This cautious approach will help you not become the guilty person in the case and protect you from the big settlement amount. 

2. Visit The Accident Scene 

After gaining a basic knowledge of the state and traffic laws, visit the accident scene. If you already have pictures, it’s best, as they can be used as proof who was responsible to insurance companies and the court.

If you haven’t taken pictures yet, don’t worry. Take some photos of your car and the exact spot where the accident occurred from different angles. It’s important to do this as soon as possible. The longer you wait, the more likely it is that evidence will disappear or change.

When a car accident happens, people usually try to sort things out without going to court because they know lawyers can be really expensive. But is it really the truth or just a myth that everyone believes? 

Honestly speaking, car accident lawyers cost a lot, especially if your case is serious, which includes injuries, financial loss, or potential threat to life. However, the case will be completely opposite if the car accident is minor. 

If you want to know the exact amount a car accident lawyer charges, read this guide until the end. Here, we’ll break down how much does a car accident lawyer costs exactly and what factors affect the charges. 

Are Car Accident Lawyers Expensive? 

Yes, car accident lawyers are expensive, and how much they charge depends on the accident case and the amount of settlement you’ll get. The bigger and more serious the accident, the more you must pay the lawyer. 

There are different ways in which a car accident lawyer charges the fee worldwide. In the USA, most lawyers go on a contingency or hourly basis. Contingency means you agree to pay a specific percentage to a lawyer if they successfully secure a settlement. 

Here’s a breakdown of how a contingency fee works: let’s suppose you agree on a 30% contingency fee with your lawyer (the percentage is just an example; not every lawyer charges a 30% fee; it can be high or low). 

• Your lawyer follows your case, negotiates with the insurance company and gets a settlement of about $20,000 for your car accident case. 
• The contingency fee is 30%, which you’ve promised to the lawyer, so according to this, the fee of the lawyer from the settlement amount will be $20,000 x 0.30 = $6,000.
• Your lawyer will deduct the $6,000 from the settlement amount, and after that, you’ll get about $14,000. 

On the other hand, hourly billing involves the lawyer charging a set rate for every hour they spend working on your case. Some lawyers also go for a flat base or a hybrid model where your lawyer may charge a flat fee in the beginning and a contingency base fee in the end. 

It all depends on the lawyer you’re hiring and what type of payment method they prefer. You can also suggest to them how you want to pay, like on a contingency basis, hourly fee or a flat fee in the beginning.