Injured In A Crash? Call Sam & Ash

Don’t talk to the insurance company. It gives the claims adjuster an opportunity and ammunition to hurt your case. During these calls, insurance adjusters ask leading questions to obtain statements they can later use against you. Additionally, they pressure you to accept lowball offers.

After an accident, you don’t have all the information you need to get the settlement that’s right for you. That is why it is best not to speak with the insurance company. When you partner with Sam & Ash Injury Law, we will communicate your best interests and protect your claim from the adjuster.

Not all car accidents require the help of a personal injury attorney, but you deserve answers. Even minor accidents cause injuries that should be compensated. For clear answers, get a free consultation from us. We’re available 24/7 to discuss What’s Right for you. No pressure, no hard sell– just the advice you need to help you move forward.

Insurance claims aren’t just for drivers. Pedestrians, bicyclists, and passengers who are injured in car accidents are also entitled to compensation. But being a passenger in a car accident can leave you with a lot of questions. Where exactly is your place in a personal injury claim?

In most cases, passengers do not cause car accidents. Passengers rely on others’ driving. If your own driver was at fault in the accident, it’s best to hire an attorney and pursue a claim on the driver’s insurance policy. Pursuing a claim is not personal– it’s about starting a process that provides compensation for your injuries.

In California, you can partly be at fault for an auto collision and still recover compensation. California follows a “modified comparative negligence” law that allows accident victims to recover payment for damages as long as they are not more than 50% at fault. When this is the case, the victim’s compensation is reduced by his or her percentage of fault.

So, for example, you suffer $100,000 in damages in a car wreck, but you are found to be 10% at fault for your crash. Your compensation would be reduced by $10,000 (10% of $100,000). 

After a car crash in California, take the following steps to protect your health and preserve your right to seek compensation for your injuries and other losses.

Stop your Car

• Stop at the scene of the accident
• Move your car out of traffic, if safe to do so
• Exchange information with other drivers
  • Name, address, and phone number(s)
  • Vehicle registration
  • insurance company name and policy number

Check for Injuries

• Check yourself for blood, bruises, cuts, and scrapes
• Move your neck, shoulders, arms, and legs
• Check all passengers for injuries
• Call 911 if there are injuries and request an ambulance for each injured person

Contact the Police

• Report the accident to the police
• Answer the investigating officer’s questions factually
• Ask when a police report will be available
• File a California DMV Report of Traffic Accident Report (SR-1), if necessary

Accident Scene Dos and Don’ts

• DO ask EMTs or paramedics to examine you
• DO NOT say you are uninjured, underestimate, or downplay your injuries
• DO NOT admit fault
• DO NOT apologize

Save All Evidence You Collect

• Evidence is essential in a car accident lawsuit
• Take photos at the accident scene and collect names of witnesses
• Keep records of doctor visits and details of any prescribed medication or medical devices
• Keep a pain journal
• Obtain a copy of the police report and DMV SR-1, if filed
• Save car repair invoices and bills for other expenses

Talk to a Lawyer

• Have a lawyer review the accident details as soon as possible
• Let attorneys speak to the insurance company
• Don’t agree to a quick settlement from the insurer without consulting an attorney
• Be aware of the statutes of limitations to sue in California after a car accident

Follow Your Doctor’s Orders

• Keep follow-up appointments and do not stop treatment
• Reschedule any canceled appointments to avoid records indicating that you were a no-show
• Following doctor’s orders can help prevent worsening of your existing injury

Stay off Social Media

• Do not post comments about your accident or injuries on social media
• Seemingly innocent comments can be misinterpreted as admissions of fault
• Insurance adjusters can use social media photos of you looking healthy and happy as evidence to deny your claim
• Even private activity can be used as evidence