Auto Accident Insurance Claim Process in California

If you are injured in a vehicle accident, it is important to understand the auto accident insurance claim process in California and what you can expect in terms of compensation for the damages. State law requires all drivers to have auto insurance that meets minimum coverage requirements, but many injured drivers encounter unexpected challenges with their claims that they do not know how to resolve on their own.

Understanding the Auto Accident Insurance Claim Process in California

California is an at-fault state for vehicle accidents. This means that when a driver is at fault for causing an accident, they are liable for the resulting damages, and an injured driver will have the right to file a claim against the at-fault driver’s insurance carrier, seeking compensation for their losses.

After an accident, the drivers involved are required to remain at the scene of the crash and report the accident to 911. When the police arrive, answer their questions honestly but do not say anything that could be interpreted as an admission of guilt. The police report from the accident will be a crucial piece of documentation for your insurance claim, and you do not want the insurance company to try to twist your words against you.

According to the Insurance Information Institute, about 17% of California drivers do not have auto insurance as of 2022, ranking the state ninth in the nation for uninsured motorists. While there is no guarantee that the driver who causes an accident will have insurance, it is important to have an attorney on your side before filing an auto insurance claim.

Before filing your claim, you should gather all the evidence needed to firmly establish liability for the accident. An insurance company may attempt to shift blame to an injured claimant or try to use their words against them in their efforts to deny or devalue the claim. Your attorney can help you build a solid claim backed by evidence and witness testimony; then, the insurance company is required to review the claim in good faith before offering a settlement.

You should expect the insurance company to attempt to justify a lowball settlement offer or push back against your claim in whatever way they can. Most insurance carriers will do everything they can to reduce claim payouts as much as possible, but your attorney can make sure you are treated fairly. Once you receive a settlement offer, you can attempt to negotiate with the insurance company with your attorney’s help or accept the offer.

In most cases, auto insurance claims can be resolved within a few weeks of filing. Insurance companies may attempt to justify lowball settlements, but they generally wish to resolve claims quickly. When an insurance carrier sees that an injured claimant has legal counsel, they are more likely to process the claim efficiently and deliver a reasonable settlement offer.

The attorneys at Duque & Price know the tactics that insurance companies often use against unwary injured claimants. It’s a good idea to consult an experienced car accident lawyer in California before discussing your claim with an insurance company’s representatives.

Your attorney can prepare you for this interaction and help you achieve a suitable offer. It’s important to file your claim as quickly as possible after your accident, so reach out to our firm at your first opportunity to learn how we can help.

FAQs

Q: Do I Need a Lawyer to File an Auto Insurance Claim in California?

A: It’s a good idea to hire a lawyer to help you file an auto insurance claim in California. Most insurance company representatives will do everything they can to minimize claim payouts. You should expect an insurance company to try to use your own words against you whenever possible and to look for ways to justify denying or devaluing your claim. Hiring an attorney increases your chances of receiving a fair settlement offer.

Q: How Long Does It Take to Receive an Auto Insurance Settlement in California?

A: It may take several weeks or longer to receive an auto insurance settlement in California. State law requires that the insurance company either accept or deny the claim no later than 40 days after receiving proof of claim. An insurance company is also required to respond to any communication received from you within 15 days. Your attorney can help you secure a fair settlement offer in a reasonable timeframe.

Q: What Happens if My Auto Insurance Claim Is Denied in California?

A: If your auto insurance claim is denied in California, you should request a written explanation of the denial and take this to an experienced attorney. You can appeal the denied claim and negotiate with the insurer with the help of your attorney. However, if the insurance company acted in bad faith or violated the terms of the insurance policy, you may have grounds to file a lawsuit.

Q: How Much Recompense Can I Receive From an Auto Insurance Claim?

A: The total compensation you could receive from an auto insurance claim will depend on the severity of your damages and the coverage limits of the policy. The maximum amount you can receive would be the coverage limits of the policy for bodily injury liability coverage and property damage liability coverage. Your attorney can examine the policy and help you maximize your settlement offer.

Q: What Happens if the At-Fault Driver Does Not Have Insurance?

A: If the at-fault driver does not have insurance, they will be personally liable for the damage you suffered, and you will need to file a personal injury lawsuit against them to recover compensation. Success with a personal injury case hinges on your ability to prove the defendant is directly responsible for causing your claimed damages. Your attorney can potentially help you recover compensation for economic and non-economic losses resulting from your accident.

Get In Touch With Us Today

Ultimately, dealing with an insurance company after any accident can be difficult, and many injured drivers encounter issues with the auto accident insurance claim process in California. The attorneys at Duque & Price have many years’ experience handling these cases for clients throughout California. Contact us today so we can assist you with your recovery after a car accident.

About The Author

Brent A. Duque

From humble beginnings and son of hard-working immigrant parents, Brent Duque was raised in La Puente, California. After graduating from West Covina High School and Mt. San Antonio College, Mr. Duque went on to graduate from Cal State University Fullerton with a Bachelors degree in Political Science. After obtaining his undergraduate degree, Mr. Duque did his graduate studies in Education and Public Administration at California Polytechnic University Pomona. After working for other firms, Mr. Duque knew that if he opened his own firm, he could provide more aggressive representation, better communication with clients, and secure larger settlements and verdicts for his clients. In 2006, he started his firm and has had a remarkable and successful career that he attributes to his firm’s aggressive and relentless pursuit of justice for his clients. As owner and managing attorney of the firm, Mr. Duque has fought for and secured millions of dollars for his clients.

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