A person injured in an automobile accident caused by a negligent driver, has a legal right to try to get the negligent driver to pay for the pain and suffering and other damages one has suffered. Being partly at fault for an accident does not preclude recovery from the other driver. California takes into consideration the comparative fault or negligence of each of the drivers involved in an automobile accident.
It is important to figure out who was at fault for an accident. Sometimes, the police or law enforcement arrive on the scene and make a report which includes an opinion of fault. In other cases, the determination of fault may have to be decided based on the parties' statements, witness statements, and physical evidence. Consulting with a personal injury lawyer is a good idea. Personal injury attorneys are accustomed to reviewing and analyzing statements, and evidence to determine fault.
Equally important is to ascertain the negligent driver's ability to respond to damages. Usually, that means finding out whether the party has insurance. By law, that information is supposed to be exchanged at the scene of the accident. But even if it is, one still must determine if the policy was actually in force at the time of the accident.
Although the law requires each driver to have the ability to respond in damages by either self insurance or a vehicle liability insurance policy, the reality is that a significant minority of drivers has no insurance and do not have the ability to respond in damages. If you have uninsured motorist coverage, recovery of damages from your own insurance policy is possible. But, remember trying to recover from your own insurance company is an adversarial context and you should be represented by experienced legal counsel.
Do not try to tough it out. If you were injured in an automobile accident, seek medical attention as soon as possible. Keep records of your medical treatment. Document your pain and suffering and how the injury is interfering in your life. This will be important in evaluating your damages. Do not discuss your case with anyone other than the police, your doctor, lawyer, and your own insurance company. Statements that you make to third parties may constitute admissions which would be admissible in court. Statements made to your attorney are confidential communications protected from disclosure under the attorney-client privilege.
In California, buy statute, personal injury actions must be filed within two years of the time of the accident. But there is a much shorter time for filing a claim against a government entity. A claim is against a government entity must be filed with the government entity within 6 months of the accident. A timely and appropriate government claim is a prerequisite to a civil lawsuit.
