Automobile Accidents  

Automobile/Motorcycle accidents  

Unfortunately, despite being a good driver and using your best defensive driving techniques, you may suddenly and quite unexpectedly become involved in a motor vehicle accident caused by an inexperienced or distracted driver, or even worse, a driver that is driving under the influence (DUI). If this should occur, you should try and remain as calm as possible and consider the following common sense tips to protect yourself and any passengers you may have.

Assessment of Injuries:

First, make a quick assessment of your own physical condition and any passengers to determine if anyone is injured. If there appear to be injuries, you may need to quickly contact 911 so that the local police or the California highway patrol and emergency medical technician (EMTs, also known as paramedics) can be directed to the scene of the accident.

Photos of Damage to Vehicle & Accident Scene:

Most cell phones and tablets have cameras. It is normally helpful to take photos of your vehicle and any other vehicles at the scene of the accident, preferably before they are moved. These photos may help your insurance company to determine which parties were at fault for the accident and likewise may help establish that you were not responsible for causing the accident.

Insurance:

In California, all operators of cars, trucks and motorcycles are required to have liability insurance and maintain proof of some. Normally, this proof is in the form of an insurance identification card kept in the vehicle or on the person of the driver. Following an accident, you are required to show your proof of insurance to the other involved drivers and thus, it is good practice to simply keep the insurance ID card in your vehicle glove box along with your vehicle registration.

Exchange of Information with Other Involved Parties:

California law also requires that following a traffic accident that the involved parties exchange basic contact information including name, address, driver’s license data, and proof of insurance. If the police, sheriffs, or CHP are involved, they will obtain this information and it will show up in a traffic collision report. In other instances, the parties may decide that it is not necessary to call the police. When the police are not involved, be prepared to request that the other driver(s) provide the above referenced identifying information. You should also try to keep track of the make, model, color and license plate of all the other vehicles.

In general, it is normally in the best interests of all involved parties to have a trained police officer come to the accident scene and make a report. That officer will speak to the parties and witnesses separately and will view the damage to the vehicles and will inquire whether drivers or passengers may need medical help.

Post Accident Medical Evaluation:

It is not uncommon for persons involved in motor vehicle accidents to report feeling O.K. or alright while at the accident scene and then hours or even a few days later begin feeling pain or soreness in various parts of their body. Often the engagement of modern seatbelts causes an abrupt tensioning of the belt when an accident occurs, which may produce bruising and soreness not evident until the following day. Likewise, modern airbags which are vital to prevent catastrophic and fatal injuries can and often do produce residual injuries when they deploy.

If you or any of the passengers in your vehicle are experiencing pain, discomfort or other symptoms after an accident, you should contact your family physician to make an appointment for a quick evaluation of your injuries. In some cases, the symptoms of pain or discomfort may begin late at night or on a weekend, making it very difficult to contact your family physician. In these situations, you may need to consider going to a local urgent care or even an emergency room at a hospital for an evaluation of your injuries.

Uninsured/Under-Insured motorist (UIM) Insurance Claims

In some cases, you may find that the person that just caused your automobile accident did not have any automobile insurance or may have only the minimum required liability limits of coverage which in California are currently $15,000 per person and $30,000 per accident. 

When the Adverse or Responsible Party has no insurance:

In those cases where the responsible party does not have any liability coverage, if you have UIM Coverage on your automobile insurance policy, then you may, subject to certain conditions, make an uninsured motorist claim for bodily-injuries directly with your own insurance carrier. Your maximum recovery is limited to the amount of your UIM coverage limits, which are delineated on the declaration’s page of your automobile insurance policy. To present such a claim, you will need to check your insurance policy to ascertain what type of proof they may require to establish the basis for such a claim.

When the Adverse or Responsible Party has an Inadequate Amount of Insurance:

In other cases, the responsible party may have insufficient liability coverage to respond to your damages. In those cases where your damages exceed the responsible party’s insurance and the responsible party’s insurance has paid the available policy limits, you may be able to make an under-insured motorist claim with your own insurance company.

First, the liability limits of your UIM coverage must be higher than the bodily-injury limits of the responsible party. For example, the responsible party’s limits are $15,000 and your UIM limits are $25,000, then you may make a UIM claim for a maximum recovery of $10,000, which is the difference between the limits. Second, you will need to comply with the terms of your own insurance policy about the type of proof that is acceptable to establish what the underlying limits of the responsible party are and that they have in fact been paid.

** Finally, please note that under California Law, your insurance carrier cannot increase your insurance premium based on your presenting and uninsured or under-insured motorist claim.