Several car accident cases in San Francisco have been recorded in recent years. If you are involved in a vehicle collision, you may pursue a car accident claim and receive compensation for the damages caused by the crash.
However, you will need to follow these four steps to win your San Francisco car accident claim successfully:
- Gather evidence.
- Prove liability.
- Calculate the total damages.
- Reach out to a San Francisco car accident lawyer.
How to Win A Car Accident Claim
Step 1: Gather Evidence
Without evidence, you won’t have a car accident claim. This is because the proof of the damages from the vehicle collision will determine the driver responsible for the crash. This will let you pursue a case against the at-fault party. To gather evidence at the accident scene, you must:
Exchange information with the other driver.
The details of the driver will help you file a claim and reach their insurance provider. You may also use the following information when filing an accident report:
- Your name and driver’s license number
- Your plate number and insurance provider
- Other driver’s name and home address
- Other driver’s identification card and license plate number
- Other driver’s vehicle insurance information
Capture the damages at the accident scene.
If you can, you must take photos of the crash scene and the damages from the accident. These pictures will help vehicle accident lawyers determine what caused the accident and how it happened.
Follow these tips to help you capture the damages efficiently:
- Avoid taking close-up photos. Close-up photos will hinder your lawyer from identifying the location of the damage.
- Take photos from a distance. You may also include the landmarks and the location of the accident if there are other damages within the scene.
- Include the other driver’s vehicle when capturing the accident scene.
From the photos of the damages, your San Francisco personal injury lawyer will identify the culprit of the accident and allow you to file a claim against the other party if they are responsible for the crash.
Record witness statements.
If there are pedestrians around the area who have witnessed the accident, you may ask for the following details to support your San Francisco car accident claim:
- the witness’ full name,
- the witness’ contact information, and
- their testimony.
Sometimes, insurance companies dismiss witness testimonies if you record them yourself. It is best to gather their contact information and let vehicle accident lawyers document their statements.
Step 2: Prove Liability
The evidence you gathered will be helpful when proving who is liable for the crash. Generally, defining the culprit in the San Francisco car accident relies on the following elements:
- The driver must drive appropriately to ensure the safety of others on the road.
- The driver breached this duty and put others at risk.
- The driver’s actions caused the car accident.
- The accident resulted in injuries and damages.
In most cases, the other driver’s insurance company will deny your claim and their client’s fault in the accident by arguing that:
- You are partially at fault.
- Your injuries are not from the accident.
- You lack evidence to support your claim.
When these situations arise, your San Francisco personal injury lawyer will help you gather evidence and prove who is responsible for the crash. They will also refute these denials and help you claim compensation for the collision.
Step 3: Calculate the Total Damages
When determining your desired settlement amount, you must know and document the damages caused by the accident. Typically, vehicle collisions result in bodily injuries or property damage.
If you experience these, collate the following records when computing your compensation value:
- doctor’s prescriptions
- hospital confinement bills
- physician’s fees
- treatment and rehabilitation expenses
- Medical equipment costs
- vehicle repair expenses
- car rental costs
- other property bills, such as the cost of a broken cellphone
You may also consider future medical expenses if you suffer from a long-term or permanent disability due to the San Francisco car accident. This covers the following:
- future medical treatments and rehabilitations
- prescriptions and other necessary medications
- future loss of income
- lost wages
- Medical equipment or personal assistance if you are living alone
Aside from these, you may also consider non-economic damages from the accident. Non-economic damages are emotional and mental effects of the crash, such as:
- pain and suffering
- emotional distress
- Post-Traumatic Stress Disorder (PTSD)
- loss of companionship
- loss of enjoyment of life
All of these factors must be included when calculating the settlement offer. We understand that this may be overwhelming, especially if you need to consider and quantify the non-economic damages.
Fortunately, car accident lawyers have the expertise to determine several types of damages and negotiate for a maximum compensation amount.
Step 4: Reach out to a San Francisco Personal Injury Lawyer
Dealing with a car accident claim entails extensive legwork. You will have to take the following steps to win your case while recovering from your injuries. A San Francisco personal injury lawyer can help you settle your claim while you focus on your health.
Aside from that, they also have knowledge and experience when dealing with personal injury cases. This means you will have more confidence and assurance that you will be compensated for the damages caused by the crash.
If you are hiring an attorney, make sure that you choose an expert who has the following attributes:
- has a winning record in personal injury cases;
- can listen to and understand your concerns;
- is creative and critical enough to identify legal options for you; and
- will do their best to win your case.
Hiring a lawyer is required to win your San Francisco car accident case. You will need them to understand and listen to your concerns for smooth communication and a successful claim.
Is It Worth It to File a Car Accident Claim?
Generally, filing a car accident claim is necessary if you are involved in a vehicle crash caused by someone else’s negligence. This will help you pay the damages of the collision, such as medical bills and vehicle expenses.
Additionally, filing a car accident claim can help maximize compensation. In most cases, insurance companies will only try to pay for the medical bills and vehicle repair expenses. Once you pursue a claim with a personal injury lawyer, they can help check all possible damages to include in your settlement, such as the following:
| Economic Damages (financial losses) | Non-economic Damages (non-monetary losses) |
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While it is possible to consider all types of damages, how will you quantify non-monetary losses? A personal injury lawyer can maximize your payout by including non-economic damages, such as pain and suffering.
Additionally, they can also check if you can qualify for punitive damages. These are costs awarded to victims if the at-fault party’s actions were malicious, extreme, or intentional.
How Long After a Car Accident Can I Claim Compensation?
In California, victims are given two years from the accident date to pursue a personal injury claim. Once you miss this legal deadline, you will lose your right to file a case.
Additionally, you only have six months from the accident date if you are filing a claim against the local government. This is why you must avoid trial and error to avoid losing your case. Car accident lawyers have the knowledge, expertise, and experience in legal actions needed to win a personal injury claim.
Can I File a Car Accident Claim Without a Police Report?
While securing a police report may help prove your case, this is not necessarily required when filing a car accident claim.
It is true that one of the first things an insurance company will ask from you to validate an accident is a police report. However, you may also rely on other evidence to prove your case, such as:
- witness testimonies,
- photos or videos of the accident scene,
- doctor’s diagnosis,
- other evidence, such as skid marks and debris.
If you couldn’t secure proof at the accident scene, you might want to contact a personal injury lawyer who will investigate your crash and collect sufficient evidence to prove your claim.
Can I Pursue A San Francisco Car Accident Claim Independently?
It is possible to pursue a car accident claim independently if the collision resulted in minor damages. However, it is highly recommended that you hire a lawyer to avoid receiving reduced compensation or losing your case altogether.
Let’s say you failed to secure a police report. The other driver’s insurance company insists that you are responsible for the crash since you don’t have the accident report to prove otherwise. In this case, vehicle accident lawyers can examine your accident and gather evidence to support your claim.
Aside from this, they may help you refute the insurance company’s other claim denials and arguments to dismiss your case. Overall, a San Francisco personal injury lawyer can assist with the following:
- Examining the accident scene.
- Gathering the necessary evidence.
- Proving liability.
- Calculating the total damages.
- Communicating with the insurance company.
- Negotiating a fair settlement amount.
- Defending your rights.
Jacoby & Meyers are here for you if you are searching for a San Francisco personal injury lawyer to sort out your case. We can investigate your car accident and provide legal options that suit your needs. Contact us at 800-500-0000 for a free consultation. We are available 24 hours a day, seven days a week, to help you.
Jacoby and Meyers. Because You Deserve Justice.