Category: Car Accident

Important Things You Need To Know About “Hit & Run” In California

Post author By norcalattorney
Post date October 19, 2022
No Comments on Important Things You Need To Know About “Hit & Run” In California

Important Things You Need To Know About "Hit & Run" In California

Have you been involved in a hit and run accident in California? Then, you need to know the consequences and laws relevant to that specific accident. This article will help you understand all the Hit & Run Consequences and laws to make the best decisions for your case.

Have a question?
We’re here to help 24/7.
Call or Text Us Now (855) 752-6326

Table Of Contents

1. Legal Definition Of Vehicle Code 20002 – Hit and Run

2. What Are The Requirements Of The Driver After An Accident?

3. What If The Vehicle Is Parked and Empty?

4. What Is The Evidence Needed To Convict A Hit And Run Case?

5. What Are The Penalties For Leaving The Scene After a Hit and Run Accident?

6. Possible Defenses To Vehicle Code §20002 Misdemeanor Hit And Run

7. Overview Of Hit & Run With Injury – VC 20001

8. Some Related Crimes

9. Contact An Experienced Hit & Run Accident Attorney in California

10. FAQs

Legal Definition Of Vehicle Code 20002 – Hit and Run

According to California Vehicle Code 20002, the driver of a vehicle involved in an accident resulting only in damage to any property, including cars, must immediately stop at the nearest location that won't impede traffic or jeopardize the safety of other motorists. If you especially got involved in a hit and run accident, you must stop your vehicle and exchange information with the other driver. If you left & failed to do so, you could be charged with a misdemeanor crime.

What Are The Requirements Of The Driver After An Accident?

According to vehicle code 20002, the driver who is involved in an accident that results in only property damage is required to stop the vehicle immediately. The driver of the vehicle must then take reasonable steps to locate and inform the damaged property owner about the driver's name and address. This is typically done by leaving a note on the damaged property.

The driver must notify law enforcement about the accident if the property owner cannot be located. Moving the vehicle under these circumstances does not affect any fault determinations that may be made. Therefore, drivers need to be aware of their responsibilities in the event of an accident.

Following these requirements can help to avoid potential legal problems and ensure that everyone involved is properly protected.

Here are the key points of what I discussed with you above:

Locate The Owner Of The Other Vehicle.
Present The Current Address Of the Driver and Registered Owner.
If Requested, Present your Driver's License & Vehicle Registrations!
If the vehicle owner is not present, leave a note to them and write the address information and circumstances of the accident!

Personal Injury Blog Categories

Personal Injury
Car Accident
Dog Bite
Motorcycle Accident
Truck Accident
Uber or Lyft
Wrongful Death
Latest News

Archives

What If The Vehicle Is Parked and Empty?

After any vehicle accident, it is essential to follow the requirements of the state where the accident occurred. Each state has different needs, but generally, the driver must stop their vehicle and remain at the scene of the accident.

The vehicle driver must also exchange information with the other driver, including their name and contact information. If there are any passengers in the vehicle, they must also exchange information. In some states, the driver must call the police, even if there are no injuries.

It is essential to know the state's requirements so that you can take appropriate action after an accident.

What Is The Evidence Needed To Convict A Hit And Run Case?

Any lawyer will advise you to collect as much information as possible about your hit and run accident. You need evidence when filing a claim or lawsuit as a victim. You'll need the following important types of evidence for your case:

Security, CCTV, or Surveillance
Footage of the accident, if available.
Testimony from witnesses or accident reconstruction experts.
Any bills, legal documents, estimates, or invoices you receive for your medical treatments or property repair/replacement costs.
Your medical records.
Documents from your work especially pay stubs or time off requests, indicate your lost wages.

Evidence is critical in these cases and can make the difference between winning and losing your case. So make sure to get as much evidence as possible.

What Are The Penalties For Leaving The Scene After a Hit and Run Accident?

The penalties or consequences can be significant if you are convicted of a misdemeanor hit and run. You may take about six months in jail plus a fine of up to $1,000. In addition, your driver's license may be suspended for up to a year. The judge may also order you to complete community service or pay restitution to the victim.

The penalties or consequences for a hit and run are severe because leaving the scene of an accident is seen as a disregard for the wellbeing of others. Of course, it is possible that the accident itself may have been unintentional. Still, fleeing comes across as a deliberate criminal choice, even if you didn't realize you were supposed to pull over.

Because the consequences of a hit and run conviction are so severe, it is vital to fight the charge if you have been accused of this crime. If you've been injured in an accident, an experienced attorney can help you investigate the incident and build a strong case. Do not hesitate to seek legal help if you face hit and run charges. Read: Procedure Of Police Investigation on Fatal Car Accident

Possible Defenses To Vehicle Code §20002 Misdemeanor Hit And Run

There are some possible defenses against hit and run charges that may work depending on the details of your case. Possible defenses of vehicle code 20002 are as follows:

The driver of the car or vehicle did not realize an accident had occurred
No damage occurred
Damage only happened to the driver's car

The Driver Did Not Realize an Accident Had Occurred

The driver may have been unaware that an accident occurred because the damage was minor. The prosecution in the case must prove beyond a reasonable doubt that the defendant was aware of the accident and failed to take action, such as leaving identifying information or contacting law enforcement. If the damage were so minor that it would not have been reasonable for the driver to believe that an accident had occurred, then the prosecution would not be able to meet its burden. As a result, in the end, the charges should be dismissed.

No Damage Occurred

No damage occurred as a result of the accident. Suppose the prosecution cannot prove an essential element of the crime. The driver had no knowledge that damage had occurred. As a result, the brakes failed, and the driver bumped into a fence. However, the driver did not notice any damage caused by the accident. The lack of damage proves that the accident did not cause harm. The only qualifying way to know for sure is to inspect the vehicle by a qualified mechanic. If the mechanic finds no damage, then none likely occurred.

If, however, the mechanic does find damage, then it is possible that the accident did cause it. In either case, there is no evidence that the driver knew that any damage occurred, so the prosecution in the court cannot prove an essential element of the crime.

Damage Only Occurred To The Driver's Car

According to the law, individuals are only guilty of vandalism if they cause damage to the property of another. In the case of our driver, they did not cause any damage to the property of another - the only damage was to their car. Given this information, convicting the driver of vandalism would be unjust.

Damage occurred only to the driver's car, so they should not be held liable for any damages.
The law is clear on this point: individuals are guilty of vandalism only if they cause damage to someone else's property. In this case, no such damage occurred, so the driver should not be convicted.

Read: File a Car Accident Claim with Farmers Insurance

Overview Of Hit & Run With Injury – VC 20001

In California, it is a felony to hit someone with your car and then flee the point of the accident without stopping to render aid or exchange information, as required by law. This crime is a "hit and run" and is punishable by up to four years in state prison and a minimum fine of $1000.

Suppose you are involved in a hit and run accident that results in injury to another person. In that case, you face an even more severe charge: felony hit and run causing damage under California Vehicle Code section 20001. This offense is punishable by many years in state prison and a considerable fine.

If the victim dies from the accident, you could be charged with vehicular manslaughter while intoxicated (VC 23153), which carries a potential prison sentence of four, six, or ten years. In addition to any vehicle-related criminal penalties you may face, you will also likely have your driver's license suspended for one year.

Furthermore, the consequences of a hit and run accident are severe. Therefore, if you are involved in such an accident, you must stop at the scene and comply with the law.

Examples Of Hit & Run With Injury

A hit and run accident is a collision where one of the drivers fails to stop and exchange information or render aid. Examples of hit and run accidents include: A driver hitting pedestrians in the crosswalk and then speeding off.

A driver is hitting your unattended parked car without leaving contact information or any means of collecting damages. Therefore, if you are unfortunately got into a hit and run accident, it is essential to remain calm and take the following steps:

Call The nearby Police even if there are no injuries; it is important to file a report as this will be essential if you need to make an insurance claim.
Get Medical Attention.
If in case, you or anyone involved in the accident is injured, it is vital to get medical attention as soon as possible.
Collect Evidence.
If possible, try to get the license plate number of the other vehicle or any other identifying information. Take pictures of the damage to both cars and get the contact information of any witnesses.
Contact Your Insurance Company.

Your insurance company will likely have a process in place for hit and run accidents. They can suggest/advise you on what steps to take next. In some cases, they may even offer coverage for damages even if the other driver is not identified.

If you become the victim of a hit and run accident, taking quick and decisive action can help you minimize the financial impact and regain control over the situation.

Some Related Crimes Hit & Run in California

There are some related crimes to hit and run with injury. These include:

Felony hit and run – VC 20001
Driving under the influence – VC 23152a
Driving without a license – VC 12500a

Felony Hit and Run – VC 20001

VC 20001 is the California law that defines the crime of felony hit and runs. This vehicle section makes it a felony for a driver to hit & run the scene of an accident when another person is killed or has a severe injury. In addition, drivers of the vehicle are supposed to stop and give reasonable assistance to injured persons.

This is a wobbler offense if you violate vehicle code 20001. It has to be charged as either a felony or a misdemeanor. A misdemeanor charge for this crime can result in imprisonment in the county jail for up to one year, whereas a felony charge entails up to three years in state prison.

This crime is taken very seriously by law enforcement and prosecutors in California. Suppose you are going through charges for a Felony Run. In that case, it is essential to contact an experienced professional personal injury attorney who can help you defend your rights and fight for the best possible outcome in your case.

Driving Under The Influence – VC 23152a

Driving a vehicle under the influence is a severe offense in California. VC 23152a makes it a crime for a person to operate a motor vehicle while "under the influence" of alcohol. "Under the influence" means that a driver is impaired to the point where they can no longer drive safely.
In California, this statute can prosecute motorists even if their blood alcohol concentration is below 0.08%.

California penalties for a first, second, or third DUI offense under VC 23152a include misdemeanor probation, fines, DUI school, and a suspended license. However, it might be possible to continue driving if the defendant installs an ignition interlock device in his car.
If you have ever been charged with (vehicle law) driving under the influence, it is important to seek experienced & professional legal counsel as soon as possible.

Driving Without a License – VC 12500a

In California, driving without a license is what we call a "wobblette" offense. This designates that it has the potential to be charged as either a misdemeanor or an infraction non-criminal. In addition, driving without a valid claim is a violation of Vehicle Code 12500 VC. If you drive without a license, you could be fined up to $250.

VC 12500a is a criminal offense in California that can result in up to six months of imprisonment and a fine of $1,000. If caught driving without a request, you could face some serious penalties. If you have been charged with driving without a license, you should contact an experienced professional injury attorney who is ready to help you to fight against the charges and protect your rights.

Contact An Experienced Hit & Run Accident Attorney in California

Hit and run accidents can be very complicated, especially if there are injuries involved. That's why it's essential to have a legal team on your side that understands the ins and outs of California law. At McCrary Accident Injury Law Firm, we have extensive experience helping victims of hit and run accidents get the compensation they deserve. If personally you or someone you love has been injured in a hit and run accident, don't hesitate to contact us today for a free consultation. We would be happy to discuss your case with you and answer any questions you may have.

FAQs

Is Hit and Run a Felony in California?

Hit and run would be a felony in CA if the accident resulted in death or serious bodily injury. The penalties or consequences can include up to four years in prison and a fine of up to $10,000.

How Long Do You Have To Report a Hit and Run in California?

You must report a hit and run to the police as soon as possible. This includes writing the accident even if you are not the driver who hit the other vehicle. You may also require/need to provide information such as your name, address, and registration number to the other driver.

Does California Police Investigate Hit and Run?

Yes, California investigates hit and run accidents. If the police have any leads, they will follow up to identify the driver who fled the scene.

Can You Sue Someone For a Hit and Run in California?

Yes, you can sue someone for a hit and run in California. In addition, if you can identify the driver who fled the scene, you may be able to file a personal injury lawsuit against that person.

What is The Penalty For Leaving The Scene of an Accident in California?

The penalty for leaving the scene of an accident in California depends on the severity of the accident. If the accident resulted in death or serious bodily injury, the penalty could include up to four years in jail/prison and a fine of up to $10,000. If the accident resulted in property damage, the penalty is typically a fine of up to $1,000.

FREE CONSULTATION 24/7, NO FEES UNTIL WE WIN .
Call or Text Us Now (855) 752-6326

SCHEDULE YOUR

Free Consultation

Blogs Car Accident

How Soon Should I Visit a Chiropractor After a Car Accident?

Post author By norcalattorney
Post date October 12, 2022
No Comments on How Soon Should I Visit a Chiropractor After a Car Accident?

How to Get a California Highway Patrol (CHP) Accident Report?

How Soon Should I Visit a Chiropractor After a Car Accident?

Accidents happen all over the world, especially in busy states like California. Some are more serious than others, but all can cause injuries. If you have been in a car accident, you may wonder how long you should wait before getting a chiropractor appointment.

Should you go immediately facing a car crash? What if you don't feel injured? What if your injuries are minor? All of these are legit questions. So let's answer them one by one.

Have a question?
We’re here to help 24/7.
Call or Text Us Now (855) 752-6326

Table Of Contents

1. How long should I wait before going to a chiropractor after a car accident?

2. What are the symptoms of Whiplash injuries?

3. Will I get Paid for Chiropractic Treatment?

4. What if my accident was minor?

5. What is the Maximum Time Should I Wait to Seek Treatment?

6. Contact A Car Accident & Personal Injury Lawyer in Califronia

How long should I wait before going to a chiropractor after a car accident?

Injuries after car accidents can range from minor to severe, and seeking treatment immediately after the accident is essential. Because when a medical professional examines your injuries, they will suggest, depending on the severity of your injuries, whether you should visit a chiropractor or not.

Sometimes, we feel fine after an accident and don't think we need to see a doctor. Our adrenaline is flowing, and we don't feel any pain. However, it's essential to get checked out by a medical professional as soon as possible after an accident. Injuries from auto car accidents can take days or even weeks to develop, so getting a complete medical evaluation as soon as possible is essential.

Some injuries, like Whiplash, can take weeks to develop; it's vital to get checked out even if you don't feel pain immediately.

A chiropractor can help identify any injuries you may have, even if they don't appear serious. A person's personal health history, the type of accident, and other factors can all affect how soon they should see a chiropractor.

At McCrary Law Firm, we recommend that you see a doctor within 72 hours of facing this accident. Our experienced team of car accident lawyers has seen firsthand how important it is to seek treatment early. Suppose you wait too long to see a chiropractor, especially when the other party is at fault. In that case, the other insurance company may say your injuries are pre-existing or unrelated to the accident. Delaying your treatment will only make your condition worse. If you are in pain, the sooner you start treatment, the better.

Personal Injury Blog Categories

Personal Injury
Car Accident
Dog Bite
Motorcycle Accident
Truck Accident
Uber or Lyft
Wrongful Death
Latest News

Archives

What are the symptoms of Whiplash injuries?

Neck pain and stiffness
Shoulder pain and stiffness
Headaches
Dizziness
Fatigue

It's crucial to attend medical care with the above-mentioned synonyms. In addition, a chiropractor can help identify any injuries you may have, even if they don't appear serious.

Will I get Paid for Chiropractic Treatment?

One common question that accident victims have in mind is whether or not their insurance will cover chiropractic care. Sadly, many insurance companies try to deny coverage for chiropractic care, even though it is an essential part of treatment for many car accident injuries.

The good news is that there are a few ways to get coverage for your chiropractic care, even if your insurance company denies your claim. To increase your chances of getting coverage, we recommend the following:

Get a referral from your doctor

Many insurance companies will only cover chiropractic care if a medical doctor recommends it. Therefore, make sure your primary care physician gives you a referral before you seek treatment from a chiropractor.

Find a chiropractor specializing in car accident injuries

Find chiropractors for auto accident injuries rather than those who focus on other areas. These chiropractors are more likely to be familiar with the insurance process, which means they are more likely to get your insurance company to approve your claim. Make sure to find a chiropractor who has experience treating car accident victims so your chances of getting coverage from your insurance company.

Get a letter of medical necessity

Many insurance companies will only cover chiropractic care if there is a letter of medical necessity from a medical doctor. This letter states why you need chiropractic care and how it will help your recovery. Make sure to get a letter of medical necessity from your doctor before seeking treatment from a chiropractor.

Keep records of your treatment and progress

You need to record all chiropractic appointments, treatments, and progress. This will help you prove to your insurance company that the treatment is necessary and help you recover from your injuries.

Follow your treatment plan

Many insurance companies will only cover chiropractic care if it is part of a larger treatment plan that includes other medical professionals, like orthopedists or physical therapists. So follow your treatment plan and keep all appointments to increase your chances of getting coverage.

Appeal the decision

If your insurance company does not accept your claim, you have the right to appeal the decision. Make sure to gather all the evidence you need to support your appeal, like letters of medical necessity and records of your treatment and progress.

What if my accident was minor?

Just because your accident was minor doesn't mean you didn't suffer any injuries. Unfortunately, many people don't realize that even a minor car accident can cause serious injuries. As we discussed earlier, Whiplash is a typical car accident injury that can occur even in low-speed collisions.

It doesn't matter if the accident you faced was minor; we recommend you call your primary care physician and get his appointment as soon as possible. He can check for any injuries you may have suffered and recommend further treatment if necessary. But also make sure your primary care physician specializes in auto-car injuries, as not all doctors treat patients with auto-car injuries. This is due to the medical billing insurance system, which classifies codes differently for automobile accident patients.

What is the Maximum Time Should I Wait to Seek Treatment?

There is no maximum time limit for seeking treatment from a Chiropractor for a car accident. However, seeking treatment as soon as possible after the accident is essential. The sooner you seek treatment, the sooner you can start your recovery and get your life back on track.

It's also essential for insurance purposes. Insurance companies often deny claims if the victim didn't seek treatment within a specific time frame after the accident. This time frame can vary from insurance company to insurance company, so it's essential to check with your insurer. The law states every accident victim has a specific time to file a personal injury claim. This is called the statute of limitations.

In California, the statute of limitations for car accident injuries is two years from the date of the accident. It gives you two years to file a personal injury claim for your car accident injuries. But we still recommend not waiting until the last minute to seek medical attention and file a claim. We believe the sooner you seek treatment, the better your chances of getting coverage from your insurance company. And if you delay filing a claim, you may be barred from receiving any compensation for your injuries.

Also, remember sometimes, minor injuries can turn into significant injuries over time. For example, a minor neck pain injury can become a debilitating condition like chronic pain, or a back injury can turn into a herniated disc if it's not treated correctly. And a herniated disc can lead to chronic pain and disability if it's not treated correctly. So, seeing a chiropractor after a car accident is always a good idea, even if you don't think you have any injuries.

Contact A Car Accident & Personal Injury Lawyer in Califronia

If you have faced any kind of injury in a car accident in california, contact McCrary Law Firm. Our experienced California car accident lawyers will manage your case from start to finish so that you can focus on your recovery. We recommend and believe in immediate care following an accident and will get you in to see one of our carefully curated providers as soon as possible. We also offer a free consultation so that you can learn more about your legal options without obligation. Contact us today at (855) 752-6326 to discuss your case; we are available 24/7.

FREE CONSULTATION 24/7, NO FEES UNTIL WE WIN .
Call or Text Us Now (855) 752-6326

SCHEDULE YOUR

Free Consultation

Blogs Car Accident

Procedure Of Police Investigation On Fatal Car Accidents – All You Need To Know

Post author By norcalattorney
Post date October 7, 2022
No Comments on Procedure Of Police Investigation On Fatal Car Accidents – All You Need To Know

Procedure Of Police Investigation On Fatal Car Accidents - All You Need To Know

Have you or someone you know been in a fatal car accident? If so, it is vital to know the procedure for police investigation of fatal car accidents. This process is often complex, but the police report is essential to your case.

Fatal motor vehicle accident investigations require different steps to reconstruct what happened as part of a more extensive, complex process.

Keep reading to learn more about the procedure of police investigation on fatal car accidents so that you can be prepared if you ever find yourself in this situation.

Have a question?
We’re here to help 24/7.
Call or Text Us Now (855) 752-6326

Table Of Contents

1. Steps Of Fatal Car Accident Investigation Procedure

2. Contact An Experienced Fatal Car Accident Attorney in California

3. FAQs

Steps Of Fatal Car Accident Investigation Procedure

When a car accident occurs, it is often necessary for the police and other officials to investigate what happened. This process can be complicated, mainly if there is a fatality involved. Here are the steps that are typically taken in a fatal car accident investigation.

Contributing Conditions to the Crash
Observation of the Accident Scene
Determine Criminality
Interview Drivers and Witnesses
Inspect Vehicle Damage
Document Evidence of the Accident

Personal Injury Blog Categories

Personal Injury
Car Accident
Dog Bite
Motorcycle Accident
Truck Accident
Uber or Lyft
Wrongful Death
Latest News

Archives

Contributing Conditions to the Crash

Contributing conditions to the crash must be identified in the first step of the investigation. This can include weather conditions, road conditions, speed, alcohol or drugs, and anything else that may have played a role in the accident. All these factors will help contribute to what happened and how to prevent future accidents. By taking the time to look into all of these details, we can understand what went wrong and work to improve safety for everyone on the road.

Observation of the Scene

Observing the scene is a significant part of police work. The police will come to the location and process it, photograph it, document it, and do all the things you might not remember to do. Observing the scene carefully will help the police officer piece together what happened and identify potential evidence. There are a few things that you can do to help the police with their investigation.

First, try to remain calm and avoid disturbing anything at the scene.
Second, note anything you see or hear that seems out of place.
Finally, if you have any information about what happened, tell the police.

By cooperating with the police and providing them with accurate information, you can help them to solve crimes and keep your community safe.

Read: How To Get a California Highway Patrol (CHP) Accident Report?

Determine Criminality

When deciding whether to charge a driver with a crime following an accident, police and prosecutors will look at many factors to determine criminality. If the accident resulted in serious injuries or death, the driver could be charged with assault or manslaughter, which can lead to lengthy prison sentences.

A car accident caused by a driver committing another crime, such as fleeing from a police pursuit, will likely be treated as a crime scene. In addition, if the driver was under the influence of drugs or alcohol at the time of the accident, they may face DUI charges.

Ultimately, the decision to file criminal charges will be based on the facts and circumstances of each case.

Interview Drivers and Witnesses

Once the emergency personnel starts assisting victims, law enforcement agents do their best to preserve any fragile evidence and take statements from those involved in the fatal crash and witnesses.

Law enforcement will interview all drivers and witnesses to get as much information as possible about what occurred before, during, and after the crash. This information can help determine what caused the crash and who may be at fault.

In addition, law enforcement may also consult with accident reconstruction experts to help piece together what happened. By thoroughly investigating all aspects of a crash scene, law enforcement can help ensure that justice is served.

Read: Leading Causes Of Fatal Car Accident

Inspect Vehicle Damage

After a fatal motor accident, it is essential to conduct a thorough investigation to determine the cause of the accident and any possible legal liability. One qualifying step in the investigation is an in-depth examination of the vehicle. This step involves measuring the damage and checking things like the brakes, tire condition, and so forth. In addition, investigators will often interview drivers and witnesses to get their accounts of what happened. By carefully examining the evidence, investigators can piece together what happened and identify any possible contributing factors.

Document Evidence of the Accident

In addition to scene mapping, evidence left at the roadway is documented using photographs and video. Don't forget Police reports are primarily for insurance company use. This provides an unbiased view of what occurred during the accident and can be used to help reconstruct the events that took place.

In some cases, dashcam footage from vehicles involved in the accident may also be available, providing valuable information about the moments leading up to the collision. Once all the evidence has been gathered, a team of police reconstruction experts will work to determine the cause of the accident and identify any contributing factors.

This information can be used to help prevent similar accidents from happening in the future.

Contact An Experienced Fatal Car Accident Attorney in California

If you are involved in a fatal car accident, it is essential to understand the process the police will go through to determine what happened. The steps listed above provide a general overview of what to expect. If you have been injured in a car accident and would like more information or legal advice, please contact McCrary Accident Injury Law Firm today for a free consultation. We are here to help you get the compensation you deserve.

FAQs

What Is The Most Fatal Car Crash?

The fatal car crash is when a vehicle veers off the roadway and crashes into another object. These accidents are deadly, making up 32% of all fatal car accidents. Most often, the driver is at fault for these accidents due to speeding, texting while driving, or driving under the influence.

How Do You Deal With a Fatal Car Accident?

If you are involved in a fatal car accident, it is essential to stay calm and contact the police. Once they arrive, you will need to cooperate with their investigation. This may involve giving a statement, providing evidence, or taking a polygraph test. It is also important to contact an experienced car accident lawyer who can help you navigate the legal process and protect your rights.

What State Has The Most Fatal Car Accidents?

The answer to this question is not as simple as it may seem. While some states have more car accidents overall, the rate of fatal accidents in Mississippi has the most fatal accident registered in 2017 research.

FREE CONSULTATION 24/7, NO FEES UNTIL WE WIN .
Call or Text Us Now (855) 752-6326

SCHEDULE YOUR

Free Consultation

Blogs Car Accident

How To File A Car Accident Claim With Farmers Insurance?

Post author By norcalattorney
Post date October 6, 2022
No Comments on How To File A Car Accident Claim With Farmers Insurance?

HOW TO FILE A CAR ACCIDENT CLAIM WITH FARMERS INSURANCE?

Farmers Insurance is a major insurance provider for cars, homes, and businesses in the USA. Like many other major companies, Farmers Insurance is careful with its earnings and looking for cost-cutting opportunities. As a result, insurance companies often engage in practices such as providing clients the lowest possible compensation for their claims and undervaluing customers' vehicle replacement costs when they have an accident.

If you have been involved in a car accident, you should know the steps necessary to make a claim with Farmers Insurance. However, filing a claim may be complicated, especially if it's your first time. This article will guide those who have been involved in a car accident in California and are considering submitting a claim with Farmers Insurance. We'll also provide you with advice on what to do if an accident happens to you.

Have a question?
We’re here to help 24/7.
Call or Text Us Now (855) 752-6326

Table Of Contents

1. Farmers insurance tactics after California accidents

2. What to do if you're in a car accident?

3. Steps for Filing a Farmers Auto Insurance Claim

4. Contact An Experienced Personal Injury and Car Accident Lawyer Today

Farmers insurance tactics after California accidents

They boast on their website that many individuals transition to Farmers Insurance every day. Although that's good for business, it doesn't help if you've been injured and need Farmers to help you. It would be good if they cared about you enough to pay you quickly to save you from having to declare bankruptcy due to the high cost of your medical treatment.

Unfortunately, Farmers Insurance will be more concerned with denying your claim to save money for flashy TV ads. You will seek compensation from the at-fault driver's insurance policy, but Farmers Insurance may deliberately ignore your claim.

They hope you will give up and grow hopeless as you continue to lose money from not being able to work as you get well. You may have depleted your funds and are having difficulties paying your rent and car payments on time. Farmer's adjusters think this will be enough to convince you to accept their initial, low-ball settlement offer.

Personal Injury Blog Categories

Personal Injury
Car Accident
Dog Bite
Motorcycle Accident
Truck Accident
Uber or Lyft
Wrongful Death
Latest News

Archives

What to do if you're in a car accident?

The first thing you should do if you're ever in a car accident is to stop the vehicle. Your hazard lights should be on after you have come to a complete stop. Try to pull over to the side of the road if possible. It is important to alert other vehicles of your position if you cannot move your car by setting up cones or flares.

Instead of finding out what caused the accident, focusing on how to respond is essential.

Check out for injuries.
Call 911
Take pictures of the scene and the damaged vehicles.
You should collect the other driver's contact information, such as the driver's name, address, phone number, and insurance details.
You should also collect the details of any witnesses to the incident.
Don't accept fault for the accident, as this may damage your claim.

It's recommended that you also contact the authorities to make a formal accident report. You should tell the authorities all you know about the car crash while standing up for your rights and those of your passengers.

Steps for Filing a Farmers Auto Insurance Claim

Knowing what to expect at each stage of the auto insurance claims procedure is essential. Here are some possible following measures to take in your pursuit of financial compensation from Farmers Insurance:

Document the accident

Get as much information as possible from witnesses at the site of the accident before making a claim with Farmers Insurance, whether Farmers is your own insurance company or the negligent motorist's insurance company. It's a good idea to document the accident's location and any injuries or damage using photos taken from different perspectives on your smartphone. To convince Farmers Insurance to make a fair settlement offer, your Farmers car insurance claims attorney might consult with an accident reconstruction specialist to prove, in part, that you were not at fault for the accident.

Collect information from everyone involved in the accident, including witnesses

Any witnesses to the accident, as well as anybody directly engaged, should have their names, contact information, and any other identifying information they may have written down. Then, with the support of your attorney, you may have productive conversations with these people, strengthening the case for why the other driver should be held responsible and why you should be compensated for your losses.

Contact your insurance provider immediately

Any insurance policyholder, regardless of whether they're covered by Farmers Insurance or not, would be wise to get in touch with their insurer as soon as possible after an accident to begin the claims process. If the insurance company asks you questions about your opinion of the crash's cause or how it happened, stick to the facts and make it evident that you'll be referring the agent to your lawyer for advice.

Farmers Insurance is not on your side

Remember that the insurance company is not on your side and will not argue for your right to compensation. Whether you have been paying into a Farmers Insurance policy for years or are submitting a third-party Farmers Insurance claim through the responsible party's insurance company. Therefore, a lawyer is the only person who can effectively negotiate an insurance settlement on your behalf.

You should see a lawyer about your Farmers insurance claim

A Farmers vehicle insurance claims attorney can help you file a claim and pursue compensation as soon as possible.

Do not give an insurance company a recorded statement or acknowledge fault throughout a claim's investigation. The insurance company will use your statement against you as evidence. Don't add details that weren't asked for. Instead of making guesses if you don't know the answer, admit to not knowing the answer. Do not sign if the insurance company sends you anything, especially a Medical Authorization Release Form.

Finally, it would be best if you did not accept an insurance settlement offer before consulting with a lawyer. Your injuries, medical costs, and property damage may be too significant for the initial settlement offer to cover. A California personal injury attorney can help you get the most money possible from the insurance company.

Contact An Experienced Personal Injury and Car Accident Lawyer Today

Car accidents are a daily occurrence, and they can happen to anybody. Some of them are relatively harmless, while others can be deadly.

Even the most careful and responsible drivers will have accidents eventually, but knowing how to file a claim will help you be better prepared.

Don't file a claim for a car accident without first gathering as much information as possible about what happened. Prepare yourself to discuss compensation for physical injury as well as physical loss. Saying you aren't wounded when you make the initial call might come back to haunt you.

While honesty and openness are always commendable qualities, there is a proper and improper manner to providing facts. Any insurance company can acquire an advantage if you speak too quickly and freely (without legal assistance).

If you need legal representation in California, look no further than McCrary Accident Injury Law Firm. Regardless of the type of insurance or coverage, the other driver has, our team of qualified attorneys is here to help. Contact McCrary Law Firm - A Personal Injury and Car Accident Law Firm in California at (855) 752-6326. Call us for a free initial consultation, and we are available 24/7.

FREE CONSULTATION 24/7, NO FEES UNTIL WE WIN .
Call or Text Us Now (855) 752-6326

SCHEDULE YOUR

Free Consultation

Blogs Car Accident

California Motorcycle Helmet Laws

Post author By norcalattorney
Post date October 6, 2022
No Comments on California Motorcycle Helmet Laws

CALIFORNIA MOTORCYCLE HELMET LAWS

Do motorcyclists in California have to wear helmets?

According to information compiled by the Governors Highway Safety Association (GHSA) and National Center for Statistics and Analysis (NHTSA), there were 4,885 Motorcycle Rider Fatalities in 2017, and 515 of them happened in California. Most accidents on the road can be avoided, yet accidents still happen. More deaths occur among motorcyclists who choose not to wear helmets.

The Golden State is one of just 19 states that requires helmet use for all motorcyclists. Although helmets have been shown to reduce the frequency of fatalities among riders and passengers, the number of states mandating their use has decreased. The term "universal helmet law state" refers to states like California that require the use of helmets for all riders and passengers.

Have a question?
We’re here to help 24/7.
Call or Text Us Now (855) 752-6326

Table Of Contents

1. Do motorcyclists in California have to wear helmets?

2. California's Motorcycle Helmet Law

3. Comparative negligence in California motorcycle accidents

4. Types of helmets required in California

5. What Happens If I Don't Wear a Helmet in California?

6. How not wearing a motorcycle helmet can impact an injury claim?

7. Contact An Experienced Personal Injury and Motorcycle Accident Lawyer Today

Personal Injury Blog Categories

Personal Injury
Car Accident
Dog Bite
Motorcycle Accident
Truck Accident
Uber or Lyft
Wrongful Death
Latest News

Archives

California Motorcycle Helmet Law

Motorcyclists in California must wear motorcycle helmets under California Vehicle Code 27803. When operating a motorbike or riding a motorized bicycle in California, all riders must wear safety helmets that meet state requirements. It is against the law in California to ride a motorcycle without a safety helmet. To comply with California motorcycle helmet laws, you must use head protection certified as safe by the federal helmet safety standards. In addition, the straps on the helmet must be able to securely hold the helmet in place on the wearer's head.

The National Highway Traffic Safety Administration reports motorcycle helmets saved 1,859 lives in only one year. Even though wearing a helmet reduces the risk of fatal head and brain injuries, most states do not mandate that all motorcyclists do so. In many states where helmet rules exist, they apply solely to riders under the age of 18 or 19 or those without specific types of insurance.

It is against the law in California to ride a motorbike without a helmet. Therefore doing so can result in a traffic stop and a penalty. You can get a $250 fine for each time you get caught riding without a helmet. If you were breaking another law, such as speeding or dangerous driving, the consequences might be more severe when you were caught not wearing a helmet. If things become bad enough, the police could even seize your motorcycle.

Comparative negligence in California motorcycle accidents

In the case of car crashes, California follows the "tort liability" system. Thus, the negligent driver must pay for the other party's damages in the event of an accident. You should consult a motorcycle accident injury attorney to determine whether or not you should submit a claim with the at-fault driver's insurance company or pursue legal action. Why would it matter if you were wearing a helmet if the other motorist was at fault? The answer—is comparative negligence.

The idea of comparative negligence, often known as comparative fault, is used in tort law to assign liability in cases involving personal injuries. In determining damages, when a court has found negligence on the defendant's side, the jury may divide blame among the parties. As a result, the amount of liability is reduced by the plaintiff's share of the responsibility.

Types of helmets required in California

The United States Department of Transportation (DOT) mandates that all motorcycle helmets sold in the US meet specific safety requirements.

To ensure their products are up to par, helmet manufacturers must submit their products to a series of tests:

Impact: What protection does the helmet offer against head-on collisions with big objects?
Positional Stability: Will you have the helmet on your head when it counts?
Retention System Strength: How well do the chin straps keep the helmet in place when there's an impact?
The extent of protection: Where on the head does a helmet provide protection?

You can tell if a helmet is up to DOT regulations by looking for a certification sticker. Compared to other agencies, the DOT has relatively low requirements. Snell Memorial Foundation, a nonprofit organization, evaluating helmets for safety for over 50 years, sets the industry standard. As a result, Snell standards provide superior protection compared to DOT minimums, and you can count on seeing helmets that Snell has approved.

It doesn't matter where you buy your helmet; you should always look for these features:

Size: Even with extra padding, your helmet should provide a snug fit around your head.
Strap: The helmet should stay on your head once the chin strap has been fastened. The strap should go over your ear and chin without wiggle room.
Fit: Your helmet should sit slightly over your eyebrows and low on your forehead.
Sticker: Check for DOT stickers that prove the helmet satisfies federal safety standards.

Motorcycle helmet manufacturers occasionally make mistakes in the design or execution, which go unnoticed by the appropriate parties until a biker's helmet fails.

Snell suggests regularly replacing your helmet every five years. If you've been in an accident on your motorbike and think your helmet may be to blame, you should talk to an attorney specializing in motorcycle accidents. They may recommend filing a product liability claim against the helmet maker, distributor, or retailer.

What Happens If I Don't Wear a Helmet in California?

Potential Criminal Consequences

In California, you can't hop on your bike and go for a spin without a protective helmet on your head. According to the California Highway Patrol, not wearing a helmet poses a threat to public safety and can result in a fine of up to $250 and probation for up to a year.

Civil Consequences of Not Wearing a Helmet

The legal consequences of riding a motorbike without a helmet can be considerably more severe than a fine and probation. In some cases, your power to sue for damages after an accident may be reduced if you were not wearing a helmet.

If another party is also at fault, an accident victim who partially caused their injury or accident might still seek compensation. However, if you were partly at blame, the amount of damages you might collect would be lower.

How not wearing a motorcycle helmet can impact an injury claim?

While other states mandate the use of a helmet for riders under a particular age, California enforces this rule for all motorcyclists. All motorcyclists, regardless of age, must wear motorcycle helmets when on the road. A motorcycle injury claim can be negatively affected if the injured party was riding a motorbike or motorized bicycle without a helmet, as this violates the law.

After a motorbike accident, the insurance company will investigate whether the rider was wearing a helmet. When establishing fault in a case involving a motorcycle accident in California, whether or not the rider was wearing a helmet is crucial. Like all other personal injury cases, a motorcycle accident claim centers on the idea of negligence. According to the state's comparative negligence rule, plaintiffs in California can be held responsible for their injuries if they were also partially responsible. Therefore, the opposing party or insurance company may try to keep you accountable for your injuries if you were riding a motorbike without a helmet and were involved in an accident.

Victims of motorcycle accidents who weren't wearing helmets may receive less money for their injuries because of their negligence. Therefore, their monetary compensation (including economic, non-economic, and even punitive penalties) would be decreased proportionally to their degree of responsibility.

According to California's "pure comparative negligence policy," an injured party may be up to 99% at blame and yet be entitled to financial compensation. Compensation, however, will be reduced by the victim's assigned percentage of fault. For example, if you sustained brain damage in a motorbike accident and were found to be 25% at fault because you weren't wearing a helmet, your payout would be reduced from $100,000 to $75,000. A California motorcycle accident injury attorney can help you maximize compensation under California's comparative negligence law.

Contact An Experienced Personal Injury and Motorcycle Accident Lawyer Today

A motorcyclist's risk of injury in an accident is far higher than that of a passenger car driver or truck driver. It has been shown that motorcyclists are at a far higher risk of injury and death than other motorists. Most motorcycle accidents do not involve other vehicles, but when they do, motorcyclists are more vulnerable because of their lack of safety. Additionally, when an accident occurs, the victim's physical pain, financial burden, and mental stress can increase if the victim is not wearing a helmet.

If you need legal representation in California, look no further than McCrary Accident Injury Law Firm. Regardless of the type of insurance or coverage the other driver has, our team of qualified attorneys is here to help. Contact McCrary Law Firm - A Personal Injury and Motorcycle Accident Law Firm in California at (855) 752-6326. Call us for a free initial consultation, and we are available 24/7.

FREE CONSULTATION 24/7, NO FEES UNTIL WE WIN .
Call or Text Us Now (855) 752-6326

SCHEDULE YOUR

Free Consultation

Blogs Car Accident

Who Is The Best Car Accident / Personal Injury Lawyer In Sacramento To Sue Insurance?

Post author By norcalattorney
Post date September 16, 2022
No Comments on Who Is The Best Car Accident / Personal Injury Lawyer In Sacramento To Sue Insurance?

Best car accident / personal injury lawyer in sacramento to sue insurance | McCrary Law Firm

WHO IS THE BEST CAR ACCIDENT / PERSONAL INJURY LAWYER IN SACRAMENTO TO SUE INSURANCE?

If you want to get the most out of your car accident case settlement in Sacramento, CA, you should hire legal representation. With so many lawyers claiming to represent people who have been in car accidents, how do you know the best car accident/personal injury lawyer in Sacramento to sue insurance?

There are several factors to consider before hiring an attorney to file a lawsuit against an insurance company. Naturally, you'd like to choose the best lawyer you can manage to pay for. However, there are several reasons an individual can decide to file a lawsuit against an insurance company; hence, there is no universally "best" counsel for such cases.

You must consider your needs to find the "best" attorney in Sacramento to sue insurance. As such, you need to ask yourself, "Why do I want to sue? "Whose insurance firm do I want to sue?" Many people have a misconception that they can file a personal injury claim against the insurance company of the person who caused their accident – technically, that's not how it works. Read on for a more in-depth breakdown of why that is the case and tips on choosing the most competent attorney for your specific needs.

Have a question?
We’re here to help 24/7.
Call or Text Us Now (855) 752-6326

Table Of Contents

1. Choosing The Right Lawyer For You

2. What to Look for in a Car Accident Attorney?

3. Why Are You Suing an Insurance Company?

4. Whose Insurance Company Are You Suing?

5. Insurance Companies Are Not on Your Side

6. Insurance Company Tactics

7. Engaging in Negotiations with the Insurance Company

8. Can I File a Car Accident Lawsuit On My Own?

9. Contact An Experienced Personal Injury and Car Accident Lawyer Today

Personal Injury Blog Categories

Personal Injury
Car Accident
Dog Bite
Motorcycle Accident
Truck Accident
Uber or Lyft
Wrongful Death
Latest News

Archives

Choosing The Right Lawyer For You

Talking to your doctor is the first step in filing a successful claim. A medical professional can identify, treat, and document injuries sustained in an accident. Once it has been determined that your injuries were sustained in an accident, you should seek the best personal injury lawyer to represent you. It would be best if you had a personal injury lawyer well-versed in the California state and local laws that might affect your case to get the most compensation. Researching the areas of expertise of the many attorneys available to you is a wise move.

Finding a car accident lawyer who has handled situations like yours before is essential. Looking at a car accident attorney's profile is a smart first step in determining if their background is relevant to your legal needs. For example, the attorneys at certain law firms work together to get their clients maximum compensation. In contrast, at others, a single lawyer handles everything from divorce to criminal defense to personal injury lawsuits. Those that specialize are usually the best at what they do, which is true across all professions.

What to Look for in a Car Accident Attorney?

Any good car accident lawyer will be more than willing to sit with you, answer your questions, and address your concerns. They must be excited to share their knowledge and stories of working with insurance companies after a car accident.

A good car accident lawyer should be able to tell you if you have a case and what your options are after only one appointment. Next, please find out how successful they have been in similar situations to yours. A car accident lawyer's success rate is something they should be proud of and be willing to share. If they avoid answering, you may want to remove their name from consideration.

Here are some questions to ask when looking for the best car accident lawyer in Sacramento to sue auto insurance;

Experience: After only one consultation, they should be able to tell you whether or not you have a case and, if so, what those alternatives are. Find out if they have dealt successfully with situations comparable to yours. The lawyer's track record of winning cases is something to be proud of and talk about confidently. If they do not respond, it may be best to exclude them from consideration.
Trial experience: Most personal injury lawsuits arising from car accidents are resolved without resorting to court. But, when required, your attorney should have experience taking such claims to trial and winning.
Communication and availability: The lawyer's responsiveness to your questions and concerns should be evaluated, as should the frequency with which you get case updates. In addition, you should hire an attorney who is an excellent communicator and can explain the details of your case in a way you can follow.

Why Are You Suing an Insurance Company?

There are several reasons someone would want to file a lawsuit against an insurance company. To get the most out of your case, it is always advisable to get legal representation from someone with experience working with people in comparable situations. To rephrase, if you're suing your insurance company for breach of contract, you need an attorney with a track record of success in cases against insurance companies that have failed to live up to the provisions of their policies. These are some reasons why you might want to sue an insurance company;

Bad faith
Breach of contract
Claim denial
Low settlement offer
Failure or refusal to defend the policyholder in legal proceedings

You have a strong base if your case falls into any of the reasons above. But if you want to sue someone's insurance company, you're simply suing that person, not their insurance company, even if the insurance company is defending the policyholder in court.

Whose Insurance Company Are You Suing?

The chances of you suing an insurance company are pretty low. People often think they are suing an insurance company because they represent defendants in cases (the person at fault for an accident). However, it is common practice for the defendant's insurance company to pay the victim's compensation, and the insurance company aims to pay as little as possible to the victim. That's why having a solid legal team backing you up while you fight for justice is essential. In most situations, your legal team can determine who was at fault in an accident and make that individual financially accountable for paying damages. If you win a case and the insurance company pays the compensation, you win in court against the defendant, not the insurance company. If the defendant who caused the complainant's injuries has no insurance, but the complainant has underinsured motorist coverage, they can sue the insurer for failing to provide compensation.

Insurance Companies Are Not on Your Side

You can rest assured that the at-fault party's insurance company will try to settle your claim for as little as possible. However, we understand that the aftermath of a car crash extends far beyond damage to your vehicle. The cost of fixing your car is little compared to the cost of treating an injury, caring for loved ones, missing work, and dealing with emotional discomfort. Therefore, we'll work hard to get you the largest possible compensation to help offset these incidental expenses.

Insurance Company Tactics

Insurance company personnel and adjusters will often contact persons injured in car accidents caused by another driver as soon as they become aware of the accident. Victims may be asked to give recorded statements and sign waiver papers. Insurance companies take such measures to reduce the financial impact of unexpected claims.

Releases are often broad consent forms that provide insurance companies access to an individual's whole medical record. This is something they want to be able to do to shift responsibility for someone else's injuries away from the accident itself and onto some other occurrence. Unfortunately, this might significantly complicate efforts to demonstrate the claim's merit.

Insurance companies also like to have recorded statements from victims shortly after accidents occur so that they can use such statements later as evidence in any personal injury claims the victims may file. People should hold off on discussing the incident and signing any documents until they have consulted with competent personal injury lawyers. Then, all they have to do when adjusters call is say that they have to get in touch with their attorneys first.

Engaging in Negotiations with the Insurance Company

After a vehicle accident, an insurance adjuster will visit your house immediately to get you to take responsibility or accept a low settlement offer. You should contact your car accident lawyer as quickly as possible after an accident, but you should avoid communicating with anybody from the at-fault driver's auto insurance company. A few well-chosen words might make it sound like you caused the accident or that your injuries are not severe.

Do not settle for any offer or sign documents related to your car accident before consulting with an experienced attorney. Insurance companies can put you under pressure to sign a settlement for far less than you're owed. In addition, insurance adjusters have a well-deserved reputation for intentionally miscalculating the value of claims to avoid paying the full benefits to which victims are entitled.

Suppose the insurance company puts a settlement offer forward. In that case, our lawyers will negotiate for maximum compensation to cover your accident-related expenses, including medical care, lost wages, and future earnings potential.
Negotiating with an insurance company on your own is not a good idea. They have devised ways to ensure you obtain a little payout. That's why it's crucial to choose seasoned attorneys who have seen it all and know all the nasty techniques insurance companies employ to get you to settle for as little as possible.
Our car accident lawyers will negotiate with insurers on your behalf and only accept fair settlements.

Can I File a Car Accident Lawsuit On My Own?

When seeking compensation after an accident, a complainant can act as their attorney. However, individuals cannot bring legal action on their own if they act as an agent for a business, bring a class action suit, or act as a guardian on a minor's behalf. You shouldn't file your lawsuit if you don't know your way around a courtroom and the state's laws. Filing a lawsuit will require you to figure out how to build a solid argument and argue it convincingly. In addition, you'll need to prepare questions and know how to submit witness testimony.

Self-representation in a legal proceeding is challenging, even for those familiar with the law. In addition, most legal issues are settled out of court, never reaching a judge's table. Therefore, this might be a disadvantage if you act as your lawyer.

Experienced personal injury attorneys have a much clearer picture of what it would take to get you back on your feet regarding medical bills and lost wages. They will hold out until the insurance company's adjusters eventually make a settlement offer that fairly compensates you for all your losses. Insurance companies will often make much lower settlement offers if they determine that they are not working with an attorney. Making a settlement decision based on gut instinct might cost you thousands of dollars.

Insurance companies have deadlines that they won't tell you about. For example, you only have two years from the date of your accident to bring a claim for personal injuries. If you procrastinate, your possibility of getting the money you need will be gone.

Contact An Experienced Personal Injury and Car Accident Lawyer Today

After a car accident, you should get the advice of a personal injury attorney immediately. The aftermath of an auto accident may include fixing damaged vehicles, paying for medical care, and dealing with psychological distress. Your current and future medical bills lost earnings, repair costs, and non-economic damages will all be considered by an experienced car accident and personal injury attorney. So you can rest easy knowing you have chosen a respected and successful personal injury and car accident lawyer.

If you need legal representation in Sacramento, look no further than McCrary Accident Injury Law Firm. Regardless of the type of insurance or coverage, the other driver has, our team of qualified attorneys is here to help. Contact McCrary Law Firm - A Personal Injury and Car Accident Law Firm in Sacramento at (855) 752-6326. Call us for a free initial consultation, and we are available 24/7.

FREE CONSULTATION 24/7, NO FEES UNTIL WE WIN .
Call or Text Us Now (855) 752-6326

SCHEDULE YOUR

Free Consultation

Blogs Car Accident

Secret Of Progressive Insurance Car Accident Claims

Post author By norcalattorney
Post date August 18, 2022
No Comments on Secret Of Progressive Insurance Car Accident Claims

Secret Of Progressive Insurance Car Accident Claims

You will need to file a claim with your auto insurance company after an accident occurs if you want to be fairly compensated for your medical expenses and car repairs. Victims must submit claims with Progressive to be compensated if the at-fault party has Progressive Auto Insurance. Every motorist in California must have at least the minimum level of liability coverage. You can claim on the at-fault driver's Progressive Auto Insurance policy to recover financial compensation for your injuries and property damage.

Among the many auto insurance companies in the United States, Progressive is a major player. Even though automobile insurance is required by law, having coverage gives drivers the confidence that they will be taken care of in the event of an accident. Sadly, it's not always the case.

There are shareholders, bottom lines, and budgets to consider at all insurance companies, including Progressive. They will stop at nothing to reduce settlement claims unfairly. Car insurance coverage is not enough in this scenario; you will also need to know how to submit a claim with Progressive in case of an accident.

Have a question?
We’re here to help 24/7.
Call or Text Us Now (855) 752-6326

Table Of Contents

1. Progressive's History

2. Have a plan after a car accident

3. How to file a car accident claims with Progressive

4. What must I prove in a progressive insurance claim?

5. How do I prove pain and suffering?

6. Progressive's Sneaky Settlement Negotiation Strategies

7. How Can an Attorney Help with a Progressive Insurance Claim?

8. Contact A Personal Injury Lawyer Today

Personal Injury Blog Categories

Personal Injury
Car Accident
Dog Bite
Motorcycle Accident
Truck Accident
Uber or Lyft
Wrongful Death
Latest News

Archives

Progressive's History

Progressive is one of the biggest auto insurers in the country, providing coverage to tens of thousands of drivers. The company's headquarters have been in Mayfield Village, Ohio, since its inception in 1937.

The firm shifted its focus to insuring "risky drivers" in 1956, and as a result, its written premiums increased to $20 billion by 2016. Its current marketing strategy aims to differentiate itself from competitors by offering more of its services online and via mobile devices and by creating a rating system that lets customers easily compare their prices with those of other providers. Nevertheless, progressive is open about the fact that they have the lowest rates all the time. Snapshot is a feature offered by Progressive that lets policyholders record their driving habits with a plug-in device and then submit that data to the insurance provider for review and possible premium reductions. Snapshot customers who drive less often and during safer times of day may see a reduction in their monthly premium payments.

Progressive's financial and legal resources are vast compared to other major insurance providers in the United States like State Farm, GEICO, Allstate, Nationwide, Farmers, and USAA. Nevertheless, it's a significant player, so it's no surprise that it sought to shortchange its clients.

Have a plan after a car accident

Progressive and the other vehicle insurance companies are not on your side. To avoid falling victim to frequent insurance company techniques intended to encourage you to settle for less after a car accident, you must think ahead and take deliberate action. Get your claim off to the best possible start by taking precautions at the accident scene.

Do not declare you are not hurt until you have seen a doctor or were at fault. Your injuries may not have shown any signs right away. Soreness in the back and neck, for example, may not begin to manifest itself until days after an accident. Never ignore medical needs like these. As soon as possible, schedule an appointment with a medical professional for a thorough diagnostic and treatment assessment. When you doubt the extent of your injuries, it is best to consult an experienced attorney.
Even if the accident was minor, it is still essential to have the police record as proof.
Do not delay in reporting the accident to your insurance company.
If you've been hurt, it's best not to sign anything just yet. Instead, you should only sign paperwork presented to you by the police or other authorized law enforcement personnel.
If you want to remember the details of the vehicle crash later, write them down immediately. It would be best if you took notes on the time of the accident, the weather, the amount of traffic, any witnesses, and the driver's actions leading up to the crash.
Don't say anything about what or who you think caused the accident, and keep your opinions about the accident to yourself. Only you and your lawyer should have these discussions.

How to file a car accident claims with Progressive

Like other big insurance firms, Progressive has a car accident claims process. You have several options for filing a claim with Progressive if they are your auto insurance company. If you phoned your insurance agent at the scene of the accident, they probably gave you instructions on how to begin the claims process.

Do not rush into calling Progressive to report a car accident; instead, spend as much time as you need to compile evidence to support your claim. You must file your claim within 72 hours after the accident.

Even if you haven't talked with a representative from Progressive yet, you can still submit a claim by contacting the company through email, phone, mobile app, or website. When you submit a claim online, you have access to real-time information about the status of your claim and the ability to add and review supporting documents whenever you choose. Always have the police report handy before filing a claim.

To submit an insurance claim with Progressive, follow the steps below:

Immediately after the accident, contact your insurance company with information

Insurance companies usually request the following information whether a claim is filed by phone, internet, mobile app, or agent:

Specifics about the incident, including when and where it occurred.
A list of names, addresses, phone numbers, and insurance policy numbers of the driver and passengers involved in the accident.
The condition of the weather
Pictures of the wrecked car(s)
Copies of any relevant police or accident reports

Review your policy's coverages and deductible selections

You need to know your coverage details to make reasonable claims. For instance, if you have rental car reimbursement coverage, you may be eligible for a rental car while your vehicle is being repaired. The deductible on your auto insurance policy is the portion of a claim you are responsible for paying out of pocket, while the coverage limits are the maximum amounts your insurer will pay for a certain category. Additionally, loan/lease payment coverage (commonly known as "gap insurance") might cover the difference between what you owe on the car and what it is now worth, according to your policy's limitations.

Work with your insurance adjuster.

An insurance adjuster (or adjusters) will be assigned to your case by your insurance carrier. After filing a claim with your insurer, you can expect to hear back from an adjuster in as little as 1-3 days. When you file a claim, your adjuster will coordinate an inspection, determine the extent of the damage to your car, and handle any claims for personal injury. A claims adjuster may also review incident reports and conduct interviews with any available eyewitnesses. Before giving the go-ahead for the repair shop to start working on your car, your insurance company may need you to get an estimate of the costs. Then, after gathering information from your adjuster and the repair facility, your insurance company will make an evaluation.

Repair or replace your car, if necessary

Your choice of the auto service center is entirely up to you. Following review and approval of your claim, your insurance company will issue a check to you or the repair company, minus any applicable deductible amounts. In addition, insurance companies will pay out the full market value of your car, minus your deductible, to you or your lender if it is damaged beyond repair.

Claims against the at-fault driver's insurance company, Progressive, can be filed either by your insurance company or by you personally. Progressive should cover the cost of your property damage if the accident was not your fault. However, remember that if your claim involves major medical costs, working with Progressive will be considerably more time-consuming and, at times, challenging. You should see a legal professional to ensure you receive fair compensation for your injuries and the related damages. Insurance companies take a financial hit in these situations and will do anything to avoid paying you fairly.

You may be responsible for paying your deductible if you were not at fault but yet filed a claim against your insurance company because you were frustrated with the at-fault insurer. However, your insurer will seek subrogation against the negligent insurer (basically filing a claim on your behalf), and if successful, you will receive a refund of your deductible.

What must I prove in a progressive insurance claim?

You will need to provide evidence of a few things to receive compensation from Progressive following an accident. Those things include:

The market value of the damaged cars
The medical bills you incurred
Time missed at work, salary, and any supporting medical records for the absence from work.
The expense of any foreseeable future operations you can demonstrate are essential for medical reasons.

How do I prove pain and suffering?

No pain and suffering calculation can tell you how much you were hurt. Everyone experiences pain differently. It may be personal to you, but an adjuster will never understand that. It might be hard to convince an insurance adjuster to pay you a reasonable settlement for your pain and suffering if you don't have sufficient proof of your suffering. Sometimes filing a lawsuit against the insurance company is the only way to get their attention and make them take you seriously.

Progressive's Sneaky Settlement Negotiation Strategies

You shouldn't be shocked if Progressive's first settlement offer on your claim is laughably low when they call you. Progressive relies heavily on this tactic in their negotiations. From their perspective, there is no disadvantage in placing an absurdly low opening offer. After all, some will accept it if there are not represented by an experienced injury lawyer. Signing a settlement means giving up your rights. Do not give in to this ruse. Most individuals are unaware that accepting a settlement entails agreeing to forgo your right to pursue any more compensation for this specific claim. If you receive a settlement and then learn a few weeks or months later that the money wasn't nearly enough to cover your losses, there's little you can do about it. If the settlement amount is insufficient to pay any remaining debts or expenses, you will be responsible for them in full. Simply put, you must ensure that any settlement you accept adequately covers all of your medical expenses and lost wages. An experienced attorney who specializes in personal injury law can help you determine how much your case is worth and fight for every dollar.

Additionally, adjusters from Progressive Insurance are notorious for casting doubt on the extent of your injuries or flat-out lying about them. Insurance adjusters sometimes argue that claimants overstate the severity of their injuries, seek unneeded medical care, and point to pre-existing problems as reasons for high medical bills and treatment. You know how terrible and painful your injuries are, so having others not believe you about them is traumatic and heartbreaking.

When Progressive seeks to minimize the amount it pays on a claim, it is "business as usual" for the insurance company to question the authenticity and extent of the claimant's injuries. At times, Progressive may hire private detectives to follow you and snoop on your social media accounts to disprove your claims of injury. Therefore, when making a claim, it's best to avoid posting anything that might be used as evidence against you on social media. Even though we all try to show the best versions of ourselves online, it's important to remember that even a seemingly innocuous photo of you smiling and standing with friends might be used by Progressive to dispute the extent of your injuries.

These are only a few deceptive strategies that Progressive adjusters use. Unfortunately, if they use such tactics, you might not find out about it until it's too late.

How Can an Attorney Help with a Progressive Insurance Claims?

A policy from one insurance company might be different from that of another. An experienced attorney can help you get the most out of your insurance claim by navigating the nuances of the law and the policy. In addition, having legal representation may ease the burden of gathering evidence, filing a claim with Progressive, and negotiating with the insurance company.

Having to deal with an adversarial attorney slows down the claims-settlement process, which is why insurance companies want to settle quickly. They understand that you'll likely get a better settlement if you have an attorney on your side. An experienced lawyer will help you ensure that you are fully compensated for your injuries and that you don't have to worry about unforeseen future costs.

When filing a claim, you should be careful not to overstate or understate its worth. If you overestimate your medical expenses, your insurance will likely deny your claim. However, if you fail to account for all of your medical expenses, which end up being more than your insurance coverage, your financial situation might worsen.

Hiring a personal injury attorney to file your insurance claim is one of the best decisions you can make following a car accident. Your lawyer will handle negotiating a fair settlement with Progressive Insurance while you focus on getting better. In addition, progressive may be required to compensate you for your losses above what it gave during settlement negotiations if you file a case against the defendant.

To estimate the worth of a claim, our trained and resourceful personal injury attorneys at personal injury law firms have expertise in working directly with medical specialists. In addition, our firm has assisted victims in obtaining compensation for various losses, including medical costs, lost earnings, property damage, and even punitive penalties.

Contact A Personal Injury Lawyer Today

Insurance adjusters may give the impression that they have your best interests at heart, but this is rarely the case. Insurance firms' established practices are designed to maximize earnings by minimizing claims paid. However, not all legal firms are savvy about the strategies employed by Progressive, so they may not know how to maximize your claim to its fullest potential.

We've spent years guiding clients just like you through the troubled waters of personal injury law. Getting a copy of an accident report from the CHP (California Highway Patrol) might be difficult for some people. That's why our law firm makes things easy for you. You can count on our experienced counsel at McCrary Accident Injury Law Firm. Years of experience have given us the knowledge to guide clients through personal injury law. We are available 24/7, and you can call us at (855)752-6326 for a free case consultation.

FREE CONSULTATION 24/7, NO FEES UNTIL WE WIN .
Call or Text Us Now (855) 752-6326

SCHEDULE YOUR

Free Consultation

FAQS

What happens if I'm at fault in a car accident?

The above steps should be taken if you are at fault in an auto accident and your insurance policy provides financial protection. First, report the accident to your insurance company or agent yourself; don't depend on the other driver to do it. If you cause an accident and someone is hurt, and that accident is covered by insurance, the insurance company handles any claims or lawsuits filed by the affected parties.

What should you do if the accident wasn't your fault?

The steps listed above apply if another driver causes an accident involving your car. First, get the name, address, phone number, and insurance information of the person who caused the accident. Then, you should report the accident to the other driver's insurance carrier, as the at-fault driver is unlikely to do so.

If the other driver is either uninsured, has insufficient insurance, or whose insurer outright rejects liability, you may also choose to notify your insurance carrier of the accident. Your insurance may try to recoup costs from the negligent driver after they've paid your claim.

What happens when you sue progressive auto insurance?

When it comes to defending lawsuits, Progressive Auto Insurance relies heavily on in-house, captive law firms. This implies that the attorneys are not charging Progressive Auto Insurance for their time because the company already pays them a salary. This allows an insurance firm to defend against more Progressive Insurance claims in court while significantly reducing its defense budget. Consequently, we sometimes need to file a lawsuit to coerce an adjuster into making a more fair settlement offer. The vast majority of auto accident lawsuits still settle before trial. However, you might have to go to trial if you cannot negotiate a superior settlement offer.

What to do when Progressive's insurance adjusters call?

Saving money for the insurance company is the primary goal of an insurance adjuster. The insurance adjuster will come to you with a pitiful offer of compensation to reach this goal. In the worst scenarios, the adjuster may resort to dishonest means to dismiss legitimate damage claims. Therefore, you must always be on guard and fight for your rights until the bitter end. If you want to accomplish this, you can:

Being consistent in your adherence to the facts of your case no matter what the adjuster says
Avoiding speculative faults
Refuse to make a recorded statement
One should not volunteer information that the adjuster did not specifically request.
Remain truthful
Not taking responsibility and refusing to make assumptions.
Please don't settle for the first amount offered; it is always very low.

Should a claimant personally negotiate with a claims adjuster to resolve an accident claim?

No. Once an injury claim is filed with Progressive, the company's adjuster will attempt to negotiate a settlement with the claimant. An injured person might try to settle a claim on their own for compensation if the damage is minimal and the injuries are low.

However, remember that adjusters use particular strategies to get the lowest possible settlement on claims.

If you file a claim with a rep, the claims adjuster will likely give you a lowball settlement to close the case quickly. However, if the claimant accepts the offer, the adjuster can conclude the case and move on.

With so many options, it's usually best for claimants to seek the counsel of an experienced personal injury attorney.

Should I Sign A Release?

Be aware that in exchange for payment of any insurance claim, the insurance company will always require you to sign a release of their insured. They usually contain two releases, one for property damage and one for bodily injury. Before you sign any waivers, make sure you read them well. Once you sign, any outstanding liens will probably be deducted from your settlement, regardless of whether or not you were aware of their existence. If you are signing a release or other legal instrument, you should see a lawyer first.

How do I get an estimate for the repair of my car?

A representative from your insurance company may check your car virtually, in person at a shop, your house, or any place of your choosing. Estimates for repairs, if possible, can be obtained from any repair shop or garage. These estimates can help you learn more about the work required to fix your car and the ballpark figure you can expect to pay for it. Estimates for repairs may differ based on several factors, such as the availability and cost of replacement components, the difficulty of the repair, and the length of time it will take to complete the work.

Blogs Car Accident

How to Get a California Highway Patrol (CHP) Accident Report?

Post author By norcalattorney
Post date June 21, 2022
No Comments on How to Get a California Highway Patrol (CHP) Accident Report?

How to Get a California Highway Patrol (CHP) Accident Report?

If you have been in an accident on a California highway, you can request a copy of the California Highway Patrol (CHP) accident report. The first step in getting your life back together after a car crash in California is filing an insurance claim. When an accident happens on a California State highway, the California Highway Patrol usually files the report. California operates a fault-based system for motor vehicle accidents where the motorist at fault must pay for any damages caused. Therefore, you'll need the California Highway Patrol (CHP) accident report to file an insurance claim against the motorist at fault.

Having a CHP accident report is essential when you want to file your case. The officer's investigative notes, along with the details of the crash, car damage, injuries, and witness testimonies are included in the report. The "interested parties" can get a copy of the CHP report by paying a small fee at any CHP office or requesting a copy mailed to them. In addition, an experienced accident lawyer can handle the details of your claim and get you a copy of your CHP accident report.

Have a question?
We’re here to help 24/7.
Call or Text Us Now (855) 752-6326

Table Of Contents

1. How to request a CHP incident report?

2. What is the cost of getting a CHP accident report?

3. How long does it take for a CHP traffic incident report to come out?

4. What is the importance of a CHP accident report for insurance and personal injury claims?

5. Contact A Personal Injury Lawyer Today

6. Is it possible to check accident reports in California?

7. How can I get a copy of a CHP collision report if I live outside California?

8. Is the California Highway Patrol accident report available online?

9. What if another police agency handled the investigation? Can I still request a copy of the report from the CHP office?

10. Is the CHP investigated collision report available at any CHP office?

Personal Injury Blog Categories

Personal Injury
Car Accident
Dog Bite
Motorcycle Accident
Truck Accident
Uber or Lyft
Wrongful Death
Latest News

Archives

How to request a California Highway Patrol (CHP) Accident Report?

You must be a "party of interest" in the accident to obtain a copy of the California Highway Patrol's incident report. This covers anybody in the vehicle, the driver, passenger, owner, or guardian of a child involved. In addition to the individuals involved, those parties' insurance companies and attorneys can also obtain a report copy.
To obtain a copy of your report, submit a written request to the CHP Area Office that first handled your report or visit them in person.
To obtain a copy of the police report, you must fill out a CHP 190 Application for Release of Information form. You can submit your completed Application for Release of Information to a local CHP office or send it in via mail.
You will need to provide the information below to access the report:

Your legal name and address
The day the accident occurred (if you're unsure of the actual date, you can give an approximate date)
The place where the accident occurred (if you can't remember the exact location of the accident, put down as many details as possible)
The vehicle owner or driver's name.
Party of interest. You should only mark off one box. A driver, passenger, car owner, property owner, legal guardian, parent, or minor are the most common interested parties. If you want to know if you qualify as a party of interest, you can contact any CHP area office.
Identification. Include a photocopy of a valid state-issued picture ID or driver's license to prove that you are the intended recipient of this information. A licensed notary must notarize the document if you don't have a valid means of identification.

What is the cost of getting a California Highway Patrol (CHP) Accident Report?

The cost of receiving a copy of an accident report from the CHP depends on the number of pages included. Below is a breakdown of the costs associated with getting a CHP.

It will cost $10 for less than 25 pages.
It will cost $20 for 26 – 50 pages.
It will cost $30 for 51 – 75 pages.
It will cost $40 for 76 – 100 pages.
An extra $10 for every 25 pages over 100
If the CHP report contains pictures, $5 per CD is charged.

How long does it take for a CHP traffic incident report to come out?

The processing time for a California Highway Patrol traffic accident report is typically between one and two weeks. However, when a fatality occurs in a car accident, the CHP accident report may take many months to complete.

What is the importance of a CHP accident report for insurance and personal Injury claims?

When the California Highway Patrol dispatches officers to the scene of a traffic accident, officers will arrive and conduct a brief investigation before writing up their findings in a CHP accident report. However, to submit a claim for damages with their vehicle insurance company against the motorist who caused the accident, the injured driver will require a copy of the accident report.

During the police questioning, it is essential to watch what you say. While you want to provide an explanation and be open, you must remember that everything you say will be included in their report. If you plan to make an insurance claim and/or a personal injury lawsuit against the other motorist who caused the accident, you should avoid saying anything that may be seen as an admission of guilt.

When addressing inquiries from responding police officers, it's important, to be honest, and concise. Don't take the blame, even if you think you contributed to the accident. A simple "I'm sorry" might be misunderstood as an admission of guilt. An insurance company's investigation of a CHP accident report may result in a lower reimbursement or the denial of coverage altogether.

Once the police arrive, respond truthfully to their questions. Seek medical help immediately, even if you think your injuries are minor. Consult an experienced lawyer after you have a clear picture of your losses.

Several parts of a CHP traffic accident report should be analyzed and reviewed. Consulting with an attorney who is an expert in personal injury law can be beneficial. An attorney can help you understand the details of a highway accident report and how they relate to your case.

Contact A Personal Injury Lawyer Today

Get in touch with a lawyer immediately after an accident. Getting a copy of the California Highway Patrol (CHP) accident report might be stressful. At McCrary Law, we will simplify the process for you.

McCrary Accident injury Law Firm can provide the comprehensive legal representation you need. We have years of expertise helping customers like you through the often confusing waters of personal injury lawsuits.

Contact McCrary Law Firm to schedule a consultation with our team and learn more about the best first steps after a motor vehicle accident in California. You can call McCrary Accident Injury Law Firm at (855)752-6326. We are available 24/7 for your free case consultation.

FREE CONSULTATION 24/7, NO FEES UNTIL WE WIN .
Call or Text Us Now (855) 752-6326

SCHEDULE YOUR

Free Consultation

FAQS

Is it possible to check accident reports in California?

There are no publicly accessible databases in California where you can check accident records, but you can get information on recent accidents by contacting the CHP or local law enforcement.

The information provided by these offices may only be general. Submit a Collision Request Form to the relevant CHP office to get a copy of the official California Highway Patrol accident report.

How can I get a copy of a CHP collision report if I live outside California?

Follow the processes below to get a copy of the California Highway Patrol (CHP) accident report if you live out of state:

To request a copy of the CHP accident report, you can either fill out the CHP 190 Application for Release of Information form or write a letter explaining why you need the information. Send the completed form or letter, along with proof that you are a legitimate Party of Interest, to the CHP office that will be filing the report of the collision. The driver, passenger, property owner, vehicle owner, parent of a minor or guardian of a child involved is usually considered as a "party of interest". If you are unsure whether or not you qualify as a Party of Interest, don't hesitate to contact your nearest CHP office.
Make a photocopy of your driver's license or other picture ID and submit it with your request for a collision report. Without identification, you will need to get the CHP 190 form or your letter notarized. Once the CHP has received your request and confirmed that you are a valid party of interest, a report copy will be mailed to your address.

Is the California Highway Patrol accident report available online?

The California Highway Patrol does not provide online options for obtaining an accident report. You can find websites such as "online crash record lookup" or those that promise free CHP accident report downloads. Please do not give your personal information to these sites, as the California Highway Patrol does not make its reports public through any online source.

What if another police agency handled the investigation? Can I still request a copy of the report from the CHP office?

No. CHP is provided with copies of the collision report. However, if you were involved in an accident and did not know which police department handled the investigation, you can ask your local police or the CHP office for help.

Is the CHP investigated collision report available at any CHP office?

Yes. Copies of a CHP accident report can be obtained at any CHP office, or you can request that one be mailed to you.

For example, if you live in Santa Barbara but were in an accident in San Diego, you can reach out to any California Highway Patrol station in Southern California and request a copy of the California Highway Patrol accident report.

Blogs Car Accident

California Parking Lot Right of Way Rules that All Drivers Should Know

Post author By norcalattorney
Post date June 21, 2022
No Comments on California Parking Lot Right of Way Rules that All Drivers Should Know

California Parking Lot Right of Way Rules that All Drivers Should Know

Parking lot accidents are more common than one would expect. Every year, approximately 50,000 accidents occur in parking lots and garages. These accidents, unfortunately, claim the lives of more than 500 people and injure about 60,000 people yearly. While many of these accidents are caused by drivers getting distracted, a good number are caused by ignorance of existing right-of-way laws. There's a lot to know about backing out of a parking space right of way, and this article aims to bridge that knowledge gap and help you navigate the parking lot safely.

Before we further learn who has the right of way backing out of a parking space, let's talk about what legally constitutes the "right of way." In most states (including California), any vehicle within a designated lane moving slowly enough can take the right of way over other vehicles. This means that if someone pulls out onto the road from behind parked cars, they must first yield the right of way before proceeding across lanes.

Have a question?
We’re here to help 24/7.
Call or Text Us Now (855) 752-6326

Table Of Contents

1. Who Has The Right of Way?

2. Simple Rules That Guide The Use of Parking Lots

3. What Causes Parking Lot Accidents?

4. What To Do If You are Involved in a Parking Lot Accident?

5. Who Pays Damages When Parking Lot Accidents Happen?

6. Reach Out To A Personal Injury Lawyer

7. What are the California laws for parking lot accidents?

8. What responsibilities should a parking lot owner have after a car accident?

9. Will my insurance cover the damages from a parking lot accident?

10. Should I yield when I have the right of way?

11. Which vehicles usually get special right of way?

12. Who always has the right of way in the parking lot?

13. What if more than one vehicle approaches an uncontrolled intersection in the parking lot?

14. What do I do if I hit a parked car?

15. What do I do if someone hits my parked car and drives off?

Personal Injury Blog Categories

Personal Injury
Car Accident
Dog Bite
Motorcycle Accident
Truck Accident
Uber or Lyft
Wrongful Death
Latest News

Archives

Who Has The Right of Way?

What rules apply to backing out of driveway right of way? Does the driver backing out of a parking space have the right of way? The following are sample situations showing who has the right of way.

The driver on the main lane or thoroughfares (lanes exiting into the road) have the right of way over the vehicles exiting the feeder lanes (in between a thoroughfare and another).
Drivers who turn right or left from the main lane into the roadway or feeder lanes must yield the right of way to any vehicle in traffic coming from the opposite direction. (This includes pedestrians and cyclists)
Drivers moving on the feeder lane have the right of way over vehicles backing out of parking spots.
If the parking lot has yield or stop signs located, it automatically overrides the rules for right of way. The right of way is inferior to the traffic signs within the parking lot.
When there's an intersection or parking spot available, the first driver to arrive usually gets the right of way.

Simple Rules That Guide The Use of Parking Lots

There are a few simple rules you will need to remember when driving in parking lots.

Use your turn signals when you move into an open spot: This will help other drivers know where you're going and what your intentions are so that they can adjust their movements accordingly.
Pay attention to the directional arrows in parking lots with one-way lanes: They will let you know if you need to drive around the block to find a space that isn't blocked by another car or a curb.
Drivers that want the same spot: If two drivers arrive at the same time and both want the same parking space, the driver coming from the traffic lane must yield.

What Causes Parking Lot Accidents?

Drivers can experience bad injuries from a collision in parking lot accidents like whiplash, broken bones, etc. Moreover, pedestrians also get injured during these accidents. Hence it is crucial to know the leading causes of parking lot accidents.

Driving The Wrong Way Down A Lane: This is a common mistake, especially if you're new to driving or have poor depth perception. You'll need to be extra careful when pulling out of your parking spot to see oncoming traffic and crosswalks ahead of you before turning out onto the road.
Backing Up Without Looking First: Backing up is integral to getting in and out of parking spaces. But many drivers back up without looking behind them for oncoming traffic, while some rely only on their backup cameras. This is a rookie mistake and can easily lead to an accident, mainly because inexperienced drivers may not know who has the right of way when backing up.
Distracted Driving: Drivers who keep looking out for open spots instead of watching for traffic (including pedestrian traffic) around them.

What To Do If You are Involved in a Parking Lot Accident?

Take pictures of the scene and record any injuries you might have sustained and the position of the vehicles involved.
If there are independent witnesses to this accident, try to get their contact details so they can provide a statement later on.
You may have to visit a hospital even when your injuries look minor. It would be best if you did so as soon as possible after the accident because doctors can diagnose injuries more easily when you report them early.
When all is said and done, visit your insurance provider and report the incident.

Who Pays Damages When Parking Lot Accidents Happen?

Drivers are expected to take reasonable care to avoid causing injuries to others in the parking area. This applies whether your vehicle is parked or driving. You may be liable for their injuries, damages and losses if you negligently injure someone.

If you are involved in an accident while in a parking lot, your insurer will likely require that you report it immediately so that claims can be made correctly and quickly.

The parking lot owner can also be liable if the injuries are caused by the dangerous conditions of their parking lot. Dangerous conditions include:

Failing to make necessary repairs
Failing to mark directions of parking lanes
Poor lighting
Failure to provide adequate staff or staff training

While you may know everything about backing out of a parking space right of way, the best advice from a legal perspective is to avoid the hassle in the first place. Assume that drivers who are backing out of parking spots may not be able to see you. Drive cautiously through parking lots so you can stop if someone backs out unexpectedly. Finally, when backing up, take your time and look behind before proceeding.

Reach Out To A Personal Injury Lawyer

If you were involved in a parking lot accident, don't hesitate to contact a personal injury lawyer today! We readily answer your questions regarding 'right of way' rules and ensure you have the best legal options and advice. You can contact McCrary Accident Injury Law Firm at (855)752-6326.

FREE CONSULTATION 24/7, NO FEES UNTIL WE WIN .
Call or Text Us Now (855) 752-6326

SCHEDULE YOUR

Free Consultation

FAQS

What are the California laws for parking lot accidents?

According to California state law, a parking lot accident in California has the same processes as a car accident on the road. If a parking lot collision occurs, you must report the accident and provide information (contact and name). You should exchange names, numbers, and insurance cards. Once the insurance has decided whose fault it is, then payments and repairs can be made.

What responsibilities should a parking lot owner have after a car accident?

A collision report or statement is necessary for the parking lot owner. This would be used as evidence and help the cooperation to find out who is at fault. In addition, a parking lot owner could make CCTV camera footage available and other records that are beneficial to the investigation.

Will my insurance cover the damages from a parking lot accident?

If your insurance package covers it, then the insurance company should sort it out as usual vehicle collision. This is if you are liable. However, if you were not at fault for the accident, the insurance provider of the person liable will take care of the car damages. If the liable person's coverage cannot cover everything, your insurance company should step in and cover the rest. Depending on your policy, you should receive coverage from your company.

Should I yield when I have the right of way?

Sometimes, it is advisable to yield, especially if the other driver is aggressive or behaving erratically. These drivers could be racing through traffic or even breaking parking lot rules. In these cases, yielding could help prevent accidents and serious injuries. In this case, you should just take the high road.

Which vehicles usually get special right of way?

A few road users get special treatment when it comes to the right of way. The significant vehicles are emergency vehicles like ambulances. Another example is the Police car.

Who always has the right of way in the parking lot?

Pedestrians. Parking Lots usually don't have marked crosswalks dedicated to pedestrians. However, whether or not they have these crosswalks, Pedestrians will always have the right of way in a parking lot.

What if more than one vehicle approaches an uncontrolled intersection in the parking lot?

In this case, the driver on the left should yield to the driver on the right.

What do I do if I hit a parked car?

If you hit a parked car and the owner is nowhere to be seen, you should park at the nearest safe location. The next thing is to locate the owner or the person in charge of the car.

What do I do if someone hits my parked car and drives off?

If you can or cannot get the culprit, still call the police. This is a crime from the person who did that and ran off. The police would help you sort it out. You can also get compensation after all the legal activities are completed.

Blogs Car Accident

Winter and Holiday Travel Tips: Good ideas for your trip and safety

Post author By norcalattorney
Post date July 19, 2021
No Comments on Winter and Holiday Travel Tips: Good ideas for your trip and safety

Winter and Holiday Travel Tips: Good ideas for your trip and safety

Traveling during the winter holidays can often times be dangerous and stressful. Not only are

the airports crowded, the roadways can be just as bad. Weather conditions are important to follow because snow, ice and rain can make for unpleasant traveling if you are not prepared.

Here are several tips to help prepare for you upcoming winter holiday travel trips.

Check weather and road condition updates

This is probably one of the most important to follow. Preparing for holiday travel this winter includes

understanding the weather and road conditions you may be facing on your journey. Following your local news stations will often provide weather and winter advisories for travel. If road conditions are inadequate and storms are approaching, it is always safest to wait till the roads are clear and the weather has passed. Checking for road updates is also a key factor in deciding to travel. Such updates will provide

road closures, car accidents and chain control areas. When traveling, we use the Caltrans Quick Maps mobile application. Please visit or call 1-800-427-ROAD (7623). It is always important to watch for flashing road signs while driving to advise for conditions. Being updated in advanced is the most important because poor road conditions, such as snow and ice can lead to road closures. Depending on the location, road closures can stop freeway traffic for several miles in both directions. Making sure to have a full gas tank and food/water will help if you happen to be stopped for an extended period of time. Having the knowledge of what to expect on your journey is key when traveling during this winter holiday season.

Make sure your vehicle is rated for winter conditions.

Depending if you are driving through higher elevations, such as Lake Tahoe or the Sierras, it is important to make sure your vehicle is equipped for rain and snow conditions. Most vehicles on the road are 2-wheel drive.

e only. Having a vehicle that is rated for snow and rain will assist with these types of occasions. It is always recommended to have an all-wheel drive or 4x4 vehicle if you might encounter bad road conditions on your trip. If you are unable to use the recommended vehicles such as an all- wheel drive, we would suggest purchasing a set of chains specific to your vehicle prior to your journey. Having a set of chains will come in handy if road conditions change and chains become required for travelers. As referenced above, the Caltrans Quick Maps will indicated all chain required locations for your trip.

Make sure your tires are adequate for slippery conditions.

It is always recommended to have proper traction when traveling through slippery conditions. Being prepared for winter road conditions also includes checking tire tread. If you are unfamiliar with tire tread depths, we would advise you to visit a local tire shop to see if your tires are sufficient for winter travel. Often times, a quick measurement will indicate if your tires will be ok for slippery road conditions. If winter travel is a priority, it is best to have a complete snow-rated set of tires. Although all-season tires will work properly, a great set of snow-rated or winter tires are the most effective when driving on slippery conditions. If your vehicle is not an all-wheel drive or 4x4, we suggest carrying a set of snow chains for your vehicle. Snow chains can be purchased at your local auto parts store. Often times snow can accumulate on the road and drivers will be required to have chains unless their vehicle is an all-wheel drive. Having purchased the chains in advanced will save loads of money. People will often charge two to three times higher for chains and installation on the side of freeways before chain control areas. Having chains is just another piece of preparation for winter travel.

DRIVE SLOW - SNOW AND ICE

The biggest danger on slippery road conditions is losing control of your vehicle. The driver is always responsible for the passengers in the vehicle. When you encounter such conditions, it is always recommended to drive slow and keep a safe distance from the vehicle ahead of you. The last thing you would want on a holiday teavel trip is a rear-end accident or even sliding off the road. Now the situation becomes even worse if a tow truck is required. Keeping a safe speed and distance will allow a driver to react safely if action is required. Staying in control of the vehicle is the most important. Even with an all-wheel vehicle and snow tires, losing control on snow or ice can happen very easily. It is always recommended to have your car and brakes serviced prior to your winter travels. If you encounter slippery road conditions such as snow or ice, it is important to test your brakes in a safe location. Understanding your vehicles braking capabilities will help you to understand that following vehicles at a distance is key to driving in slippery conditions. It is important to drive at a safe speed while maintaining vehicle control at all times. A holiday trip through the snow is often like a winter wonderland, however, making it there safely is the most important. Taking precautionary steps will help to improve the success of your holiday road trip. Prior to starting your trip, it is equally important to ensure your vehicle is properly insured. Although travel insurance is useful for reservations, it is more important to have the proper motor vehicle insurance coverage for you and your passengers. This is to ensure that any potential damages or injuries will be covered by vehicle insurance. Here are a few other items you may want to include for your winter holiday travel trip. Expect the worst conditions and be prepared with an emergency kit in your car as follows:

FLASHLIGHT

BLANKETS, EXTRA CLOTHING, WATER & SNACKS

SNOW CHAINS

GLOVES – Helpful to protect hands from the cold

ICE SCRAPER/DEICER – To keep windows clear of snow

SHOVEL – To free your vehicle should you get snowed in.

Please be safe in your holiday travel this winter. If you are injured or have questions regarding an accident, please contact McCrary Accident Injury Law Firm at your convenience. (916) 579-7477

Personal Injury Blog Categories

Personal Injury
Car Accident
Dog Bite
Motorcycle Accident
Truck Accident
Uber or Lyft
Wrongful Death
Latest News

Archives

Important Things You Need To Know About "Hit & Run" In California

Legal Definition Of Vehicle Code 20002 – Hit and Run

What Are The Requirements Of The Driver After An Accident?

Work With California’s

#1 PERSONAL INJURY LAWYERS

Archives

What If The Vehicle Is Parked and Empty?

What Is The Evidence Needed To Convict A Hit And Run Case?

What Are The Penalties For Leaving The Scene After a Hit and Run Accident?

Possible Defenses To Vehicle Code §20002 Misdemeanor Hit And Run

The Driver Did Not Realize an Accident Had Occurred

No Damage Occurred

Damage Only Occurred To The Driver's Car

Overview Of Hit & Run With Injury – VC 20001

Examples Of Hit & Run With Injury

Some Related Crimes Hit & Run in California

Felony Hit and Run – VC 20001

Driving Under The Influence – VC 23152a

Driving Without a License – VC 12500a

Contact An Experienced Hit & Run Accident Attorney in California

FAQs

Is Hit and Run a Felony in California?

How Long Do You Have To Report a Hit and Run in California?

Does California Police Investigate Hit and Run?

Can You Sue Someone For a Hit and Run in California?

What is The Penalty For Leaving The Scene of an Accident in California?

SCHEDULE YOUR

How Soon Should I Visit a Chiropractor After a Car Accident?

How long should I wait before going to a chiropractor after a car accident?

Work With California’s

#1 PERSONAL INJURY LAWYERS

Archives

What are the symptoms of Whiplash injuries?

Will I get Paid for Chiropractic Treatment?

Get a referral from your doctor

Find a chiropractor specializing in car accident injuries

Get a letter of medical necessity

Keep records of your treatment and progress

Follow your treatment plan

Appeal the decision

What if my accident was minor?

What is the Maximum Time Should I Wait to Seek Treatment?

Contact A Car Accident & Personal Injury Lawyer in Califronia

SCHEDULE YOUR

Procedure Of Police Investigation On Fatal Car Accidents - All You Need To Know

Steps Of Fatal Car Accident Investigation Procedure

Work With California’s

#1 PERSONAL INJURY LAWYERS

Archives

Contributing Conditions to the Crash

Observation of the Scene

Determine Criminality

Interview Drivers and Witnesses

Inspect Vehicle Damage

Document Evidence of the Accident

Contact An Experienced Fatal Car Accident Attorney in California

FAQs

What Is The Most Fatal Car Crash?

How Do You Deal With a Fatal Car Accident?

What State Has The Most Fatal Car Accidents?

SCHEDULE YOUR

HOW TO FILE A CAR ACCIDENT CLAIM WITH FARMERS INSURANCE?

Farmers insurance tactics after California accidents

Work With California’s

#1 PERSONAL INJURY LAWYERS

Archives

What to do if you're in a car accident?

Steps for Filing a Farmers Auto Insurance Claim

Document the accident

Collect information from everyone involved in the accident, including witnesses

Contact your insurance provider immediately

Farmers Insurance is not on your side

You should see a lawyer about your Farmers insurance claim

Contact An Experienced Personal Injury and Car Accident Lawyer Today

SCHEDULE YOUR

CALIFORNIA MOTORCYCLE HELMET LAWS

Do motorcyclists in California have to wear helmets?

Work With California’s

#1 PERSONAL INJURY LAWYERS

Archives