2. Case Evaluation and Strategy

After taking on a case, the next step for a lawyer is conducting a comprehensive evaluation and creating a strategic plan. Lawyers examine every aspect of the case, from gathering evidence to how much you were involved in the case and so forth.

Afterwards, they devise a strategic plan specifically for your case. For instance, you need to know what evidence you need and how you can get that evidence, and you need to interview the witnesses to achieve the best possible outcome.

3. Maximizing Compensation

One of the common issues we’ve noticed in car accident claims handled without a lawyer is that drivers often lack awareness of the full scope of compensation. Sometimes, they may only request compensation for vehicle damage and medical expenses.

However, according to the law, you can seek compensation for various damages, including pain and suffering and loss of income.  This won’t happen if you have an experienced lawyer, as they know what to include to maximize the compensation.

4. Navigating Insurance Processes

Lawyers also assist in navigating the insurance process, which is where many individuals fail. The insurers who oversee the claims are skilled at finding loopholes and using them to reduce compensation.

If you don’t have a lawyer by your side, you’ll be unable to negotiate with the insurer and might agree to the low compensation. However, this isn’t the case with a lawyer, as they ensure to protect your rights and secure fair compensation for the loss.

5. Evidence Gathering and Preservation

Evidence gathering and its preservation are important tasks in car accident claim cases. The case outcome depends on your investigation and the evidence you collect, yet many individuals stumble at this crucial stage due to their limited knowledge.

They’re unsure what evidence to look for and how it can strengthen their case. However, with an experienced lawyer, this process becomes much easier. Your lawyer not only assists you in finding the evidence but also guides you about its relevance in supporting your claim.

6. Litigation Representation

Litigation representation isn’t necessary in all cases, as many accident cases are resolved outside of court; there are instances where legal action becomes unavoidable. This typically occurs when insurers refuse to provide the compensation you want.

While it’s possible to represent yourself in court, enlisting a lawyer’s expertise is strongly recommended. A skilled attorney brings invaluable experience to the table and advocates for you in the courtroom, working tirelessly to secure a favorable outcome.

5. Not Following Traffic Rules

Not following traffic rules is also a big reason behind rear-end car crashes. The rules are made to protect all drivers and their cars from dangerous collisions. However, most of the time, drivers neglect these safety rules.

For instance, one rule that causes rear-end car crashes is Tailgating. It’s a situation when the rear driver drives too close to the front car, resulting in an accident when the front car stops suddenly.

6. Mechanical Failure

Mechanical failures in cars, like faulty brakes, can cause major accidents. These mechanical problems aren’t limited to brakes but also include engine issues, tire problems, malfunctions in the car steering system, etc.

Regardless of the issue, it’s the driver’s responsibility to follow a maintenance schedule and ensure the vehicle is in proper working condition. Regular maintenance checks can prevent accidents caused by mechanical failures.

Who’s Responsible For The Damage of A Rear-End Car Crash?

You might be exempt from liability if you’ve followed all traffic rules, like maintaining a safe distance, driving at the right speed, and weren’t distracted or drunk. However, in most cases, the responsible driver is always the driver of the rear car, but there are some exceptions.

For example, you’re driving and have maintained a safe distance from the front car on the road. A third car driver saw that distance and came in front of your car, resulting in a rear-end car crash. In this case, the front car driver is responsible for the damage.

Another example is a car at the front malfunctions and stops working while you are going fine on the road and an accident occurs. Remember, these instances are rare, and generally, the responsibility falls on the rear car driver.

What Is The Right Action To Take In A Rear-End Collision?

Don’t panic! This is the first step you need to take after a rear-end collision. It might seem difficult, but trust us, panic only makes the situation worse. Then follow the steps below:

• Check for injuries

Your health always comes first. So always check for injuries and see whether you can move your hands and legs. If you notice any serious injuries or drowsiness, seek medical help immediately.

• Call the police

Once you’re sure there are no injuries and can communicate properly, call the police. The police will come and examine the car crash scene to create a detailed report.

• Take pictures

Don’t just rely on police report evidence. Document the car crash with your mobile camera, take pictures, and record some videos. If possible, write every detail, like how the accident happened, in the notepad so you can share it with the insurer and car accident lawyer.

• Share contact details

Lastly, share contact details with the other driver and ask for their phone number and email address as well. This will ensure both parties can contact each other to discuss the cost of damages.

What If Both Drivers Are At Fault In The Rental Car Accident?

Typically, when both drivers are at fault in an accident, the insurance company assigns liability to each driver based on their fault. For example, one driver might be found 60% at fault while the other driver is 40% at fault.

According to the evidence, the driver who is 60% at fault will compensate for 60% of the damages compared to the other driver’s 40% fault. However, it’s important to note that this example may not be applicable in some states, like Florida.

Florida operates as a modified comparative negligence state. This means that a driver who is 51% liable for a car accident cannot seek compensation from other parties, even if they share the remaining 49% of the fault in the accident.

Hence, it’s best to research whether your state follows pure comparative negligence laws or modified comparative negligence laws. For instance, California operates as a pure comparative negligence state, allowing drivers to collect damages even if they are 70% at fault.

Do You Need Rental Car Insurance In North California?

Insurance coverage for rental cars isn’t required in Northern California, but it’s highly recommended for a safe future. All drivers are only required to have liability car insurance, which covers:

• $15,000 for injury/death to one person.
• $30,000 for injury/death to more than one person.
• $5,000 for property damage.

Liability insurance does not cover the cost of car repairs. However, if you use a credit card to rent the car, you may have coverage—though it’s best to check with your credit card company to confirm.

Personal car insurance policies often cover car damages but do not cover costs if the rental car is used for business purposes. Therefore, adding rental reimbursement coverage to your insurance policy protects you.

Rental Reimbursement Coverage Cost

On average, you may have to pay $25 to $100 yearly for the Rental reimbursement coverage. With this coverage, the insurance company will pay for car damage if you’re at fault, ensuring peace of mind.

1. Comparative Negligence

Comparative negligence law means assigning a specific percentage of fault to each driver involved in the accident. For example, one driver can be found to be 70% guilty, and the other can be 30% at fault in a car accident.

After assigning the percentage of the fault in an accident case, both drivers will get the compensation accordingly. The driver who’s at fault will get 30%, and the other will get 70% of the damage.

2. Contributory Negligence

Contributory negligence accident law is the complete opposite of comparative negligence. This means that if someone is involved in causing the accident, even if it’s 10% fault, the plaintiff won’t be eligible to file the claim.

This law is enforced in only four states: Alabama, Virginia, Maryland, North Carolina, and the District of Columbia. In other states, individuals can still pursue claims even if they bear partial responsibility for the accident.

3. Modified Comparative Negligence

Modified Comparative negligence is similar to comparative negligence law but has few key distinctions. Under this law, individuals involved in an accident can file a claim, but only if their fault doesn’t exceed a specific threshold, such as 50%.

For instance, if you share only 30% of the fault in the accident, you remain eligible to seek compensation. However, exceeding the 50% fault can easily disqualify you from receiving compensation.

How Is An Accident Fault Determined?

The insurance company determines the fault. Once the claim is filed, the insurer reviews all available evidence, including CCTV footage, police reports, witness statements, driver’s testimonies, and accident scene photographs.

After thoroughly evaluating the evidence, the insurer decides who is at fault and to what extent. If you disagree with the insurer’s decision, hire a car accident lawyer to negotiate with the provider on your behalf.

2. Driving History

A driver’s driving history plays a significant role in determining the insurance premium. Individuals with a clean record, with few to almost no accidents or traffic violations, are considered “safe” drivers by insurance companies.

Such a record assures insurers that the driver hasn’t been involved in any legal issues and drives safely. This assurance is crucial for insurance companies since they are the ones who will be paying for damages in case of an accident.

3. Location & Age

The location and the driver’s age are also important factors. Due to their age and lack of experience, teenagers and older drivers (aged 70 or more) are considered more likely to encounter accidents because of slower reaction times.

Besides age, where you live and drive matter a lot. Living in a city means countless vehicles on the road, increasing the chances of accidents compared to a small town. Both of these points often lead to higher insurance premiums.

4. Marital Status

As stated, car insurance premiums are based on how “risky” a driver is to insure. If the driver is prone to accidents, traffic violations, or speeding, it indicates that they may not be responsible enough, resulting in higher premiums.

Insurance companies often consider the driver’s marital status to determine their responsibility. It’s believed that married drivers tend to drive more carefully than young drivers. However, it’s worth noting that this factor isn’t considered in two states: Massachusetts and Michigan.

5. Credit Score & Coverage

Your credit score holds weight in many states when determining your insurance premium. A good credit score often results in lower premiums, while a poor one might result in higher costs.

Moreover, the coverage you select directly affects your insurance premiums. If you choose more extensive insurance coverage, you’ll have to pay higher premiums, offering greater protection in an accident.

Can I Prevent My Insurance Rates From Going Up After An Accident?

Technically, there’s no way to prevent insurance rates from increasing after an accident if that’s your fault. Almost every insurance company increases the cost, so they might ask for similar premiums even if you consider another insurance provider.

However, many insurance policies offer “accident forgiveness” to drivers with a good record. The main benefit of an accident forgiveness policy is that it ensures that the driver’s insurance cost won’t increase due to the accident for the first time.