If you’ve been injured in a car accident you didn’t cause, you’re probably eager to file an insurance claim against the other driver. But as you likely know, an insurance company isn’t just going to take your word for it — they need some kind of proof.
Most of the time, a California Highway Patrol (CHP) report is the best kind of proof. Here’s what you need to know about CHP reports and why they’re so important to your case.
The CHP investigates accidents that happen on California’s highways. They then write up their findings in an official accident report. That report contains a number of details that are important if you intend to pursue an insurance claim or even a personal injury lawsuit, but one of the most important details is the assignment of fault.
In many cases, both drivers involved in an accident contributed to the crash somehow. But in California, the driver with the highest percentage of fault is the one responsible for paying damages to the other driver.
Why Is a CHP Report So Important For Insurance Claims?
If you’re hurt in an accident another driver caused, you’ll likely want to file a claim with their insurance company. Before paying the claim, the insurance company will want a copy of the CHP report stating that the other driver was at fault.
However, the assignment of fault isn’t the only part of the report the insurer looks at. Over the course of their investigation, the CHP talks to involved drivers, and they usually write down what they hear. This is why you should never admit fault at the scene of an accident. It’s best to avoid saying, “I’m sorry,” or anything else that even suggests you were at fault.
Insurance companies usually do whatever they can to avoid paying a claim. Even if the CHP found the other driver at fault, an insurer may point to something you said during the investigation and argue that it means they can pay you less.
How Do You Get a Copy of Your CHP Report?
Generally, getting a copy of your report isn’t difficult. California lets you fill out a form to request a copy by mail. Alternatively, you can stop by your local CHP office and request a report. There is usually a small fee.
You can also ask for a copy of the report from your insurance company, and in some cases, that means you don’t have to pay a fee. If you have retained a personal injury attorney to help you seek compensation, your attorney may also be able to get a copy for you.
Keep in mind that CHP reports are not available immediately after a crash. Before creating a report, the CHP must thoroughly investigate the crash, and this takes time. In most cases, it will take a week or two for a crash report to be filed. If there were fatalities involved, it might take a few months.
Why Your CHP Report Matters
A CHP report provides evidence that is absolutely crucial in any personal injury claim; it verifies that you were not responsible for the accident that caused your injuries.
However, while getting a copy of your CHP report is important, it isn’t the only thing that matters. Whether it’s CCTV footage, witness statements, or photos of the accident scene, the more evidence you have, the better.
Contact the Experienced Car Accident Lawyers of JUSTICENTER Personal Injury Lawyers for Help Today
David B. Bobrosky | February 19, 2024 | Car Accidents
In the aftermath of a car accident, it can be easy to forget one of the most important steps to take: reporting the crash. Filing an accident report may be the last thing on your mind after a traumatic event like a traffic collision. However, failing to report the incident can not only cause you to lose opportunities for compensation, but it can also come with serious legal consequences.
Our attorneys understand the importance of timely and accurate reporting to protect your rights. In this blog post, we’ll delve into the key aspects of car accident reporting in California.
When Should I Report a California Car Accident?
Reporting a car accident should be done as soon as possible after the incident occurs. Prompt reporting allows law enforcement authorities to document the scene, gather evidence, and ensure the safety of everyone involved.
The accident resulted in property damage exceeding $1,000, or
Anyone was injured or killed.
However, it is difficult to know the extent of damage or injuries at the time of the accident, so it’s best to report the crash anyway.
The specific time frame for reporting a car accident may vary depending on state laws and the circumstances of the collision. In California, drivers are generally required to report accidents to the Department of Motor Vehicles (DMV) within ten days.
However, according to CVC § 20008, if the accident results in injury or death, the driver must file a written report with the police within 24 hours. If the accident involves a company car, under CVC § 16002, the driver must report it to their employer within five days.
Do I Have to Report a Car Accident in California?
In many cases, you are legally obligated to report a car accident to the appropriate authorities. While you may not need to report a minor collision (e.g., involving no property damage or injuries), it is hard to know right away whether the accident had those impacts. That is why, even for minor accidents, it is best to report.
Failure to report an accident may result in legal consequences and complications.
According to California law, some potential consequences include:
Up to a year in jail or up to four years in prison, depending upon the circumstances
In addition, collision reports can provide valuable evidence if you bring a claim for damages later, whether for bodily injury, property damage, or emotional distress. These reports serve as official documentation of the incident and can verify details that you have included in your claim.
How Do I Report a Car Accident in California?
To report a crash, you can call 911 or fill out a car accident report form, which can typically be obtained from your local police department, sheriff’s office, or DMV. The form requires detailed information about the accident, including the date, time, location, parties involved, and a description of the damages.
According to CVC § 20010, the driver must make the report. However, if the driver is incapacitated and unable to report, that responsibility falls on any passengers of that car.
The car accident report should be filed with the appropriate law enforcement agency in the jurisdiction where the collision occurred. This may be your local police department, sheriff’s office, or the California Highway Patrol (CHP) if the accident happened on a highway or interstate. You can use the SR-1 reporting form.
A California Car Accident Lawyer Can Help You Obtain Your Crash Report
Reporting a car accident is a critical step in the aftermath of a collision. Our experienced attorneys are here to guide you through the car accident reporting process and advocate for your rights.
Contact the Encino Car Accident Lawyers of JUSTICENTER Personal Injury Lawyers for Help Today
David B. Bobrosky | February 15, 2024 | Car Accidents
If you were injured in a car accident in Encino, CA, you may be able to recover compensation for your injuries if the accident was caused by someone else. A car accident lawyer will review your case and help you seek compensation through a personal injury claim or lawsuit, if possible.
There is no requirement that you hire a car accident lawyer, but doing so may simplify the personal injury claim process, lead to greater compensation, and allow you to focus your time on your physical recovery.
Let’s look more closely at what a car accident lawyer does and how they can help with your case.
Explain Your Rights and the Claims Process
A car accident lawyer will explain your legal rights after an accident and how the personal injury claims process works. Hiring an experienced car accident lawyer in your area will ensure that you get information that applies to your case.
A car accident attorney will also explain your rights and obligations when speaking to the insurance companies and the opposing party. This can be crucial in helping you avoid making a statement that may hurt your case.
Offers Legal Advice
A skilled car accident lawyer will also offer legal advice on what steps you should take in your case. This will allow you to make informed decisions about whether to accept a settlement or take your case to trial.
Keep in mind that the decision to accept a settlement is always your decision. However, an experienced car accident lawyer has years of education and experience that they can draw on to help you understand the possible outcomes in your case.
Having this insider information and their opinion of your case can put you in the best position to weigh the options in your case.
Gathers Evidence for Your Claims
An important benefit of hiring a car accident lawyer is that they will gather evidence to support your claims. To recover full compensation for your injuries, you may need evidence showing that the other driver was at fault, evidence of how the accident occurred, and evidence of your injuries and other damages.
This may include hiring accident reconstructionists, collecting medical reports, taking witness statements, and more.
Negotiate a Settlement On Your Behalf
Many car accident cases are resolved in a settlement between the injured party and the at-fault party’s insurance provider. A car accident attorney will contact the insurance provider on your behalf and attempt to negotiate a settlement.
If you don’t have a car accident lawyer, the insurance company and their lawyers will probably try to pressure you into accepting a settlement that is less than the full amount of your damages. A skilled car accident lawyer will increase your bargaining power by leveling the playing field between you and the insurance company.
What’s more, they’ll present your case in the strongest way possible and advocate for a settlement that compensates you for all of your damages.
Represents You in Court
It’s not always possible to negotiate a favorable settlement offer with the insurance company. If this happens, and your attorney thinks you have a strong case, they may suggest taking your case to court.
If you decide to file a lawsuit, your car accident lawyer will file the necessary documents in court, hire witnesses to support your case, and appear in court to argue your case.
Contact an Experienced Encino Car Accident Lawyer To Schedule a Free Consultation
There’s no legal requirement to hire a car accident lawyer to handle your case. However, if you’ve been injured in a crash, hiring an experienced car accident lawyer will help you navigate the complexities of the personal injury claim process.
David B. Bobrosky | November 30, 2023 | Car Accidents
Minor car accidents can sometimes lead to unexpected and lasting complications. A fender bender might not seem to result in significant damage or injury. However, even a small crash can have serious repercussions.
You should always take the time to protect yourself and your finances after a car crash, no matter how large or small. Taking the time to consult a lawyer helps ensure that your bases are covered, both now and in the future.
Common Concerns After a Minor Car Crash
You might be under the impression that a minor crash will have a minor impact on your life. Unfortunately, this is often not the case. When a collision leads to minimal injuries or damage, the drivers involved tend to be more worried about a potential raise in their insurance premiums than anything else.
Unfortunately, there are plenty of reasons to be worried after a fender bender. And in many cases, insurance rates are the least of your concerns. Every driver should be aware of the top reasons to consult a car accident lawyer after even a minor crash.
Delayed Injuries
One of the most common complications after a minor car accident is delayed onset injury. In the immediate aftermath of a collision, you’re dealing with rushing adrenaline and heightened emotions. The chaos of the crash can make it easy to overlook or dismiss the signs that something is wrong.
Some of the most common car accident injuries that aren’t immediately apparent include:
In some cases, delayed onset injuries like organ or brain damage can lead to medical emergencies or even death just hours after the crash.
In other cases, it can take time for the signs of a car accident injury to appear. Sometimes, you might not even notice pain for days or weeks afterward. By then, it can be difficult to prove that the crash was the cause of your injury. Seeing a doctor and consulting a lawyer after any accident helps establish that the crash was the origin of any delayed onset injuries.
Vehicle Complications
Just as all injuries aren’t visible at the scene of a crash, not all vehicle issues are immediately apparent. For instance, even minor accidents are associated with all sorts of significant vehicle problems, which can be mechanical or electrical in nature. And simple cosmetic damage, like the need for bodywork or a new paint job, can lead to thousands of dollars in expenses.
Liability Issues
A car accident lawyer helps protect your finances after a crash. When you walk away after a minor accident without involving the police or a lawyer, you’re blindly trusting that everything will work out for the best.
While another driver might seem friendly enough, it’s a mistake to let your financial future hinge on a stranger’s apparent good faith. If they find out they have injuries or vehicle damage, they suddenly have a financial motive for accusing you of causing the crash — even if they were at fault.
In some instances, one driver will go out of their way to make it seem like everything is fine after a small accident. All too often, the other driver is suddenly blindsided when they’re accused of committing a hit and run or causing significant damage.
When this happens, it’s your word against theirs. And if they’re the only driver to report the crash, the situation can have an unhappy ending for you.
How a Car Accident Lawyer Can Help After a Minor Collision
If you’ve been involved in a minor accident, you should always take the time to consult a car accident attorney. Most lawyers offer free initial consultations, so you have nothing to lose by attending a consultation.
After a minor crash, a lawyer will advise you on the steps you should take to protect yourself. Often, this includes being checked by a doctor, reporting the crash to the police, and submitting an insurance claim. These steps help to establish the facts of the accident in official reports. If there are complications down the road, you’ll need this documentation to back up your version of events.
If you’re reluctant to report the crash, you can still benefit from a free consultation. A lawyer won’t do anything you haven’t asked them to do, so you don’t have to worry about your insurance company finding out. However, you might be surprised by how a lawyer can help.
Handling Complications After a Minor Traffic Accident
If you find yourself dealing with complications after a minor car accident, you should involve a personal injury attorney as soon as possible.
Some of the most common complications drivers encounter in the days, weeks, or months after a crash include:
Medical costs
Chronic pain
Headaches
Vehicle issues
Lost wages and benefits
Claims made by the other driver
A car accident lawyer will work with you to handle any issues that come up after the crash. If you took the time to see a doctor and file a police report, it can go a long way toward helping your case. If you didn’t take these steps, it’s particularly important to involve a car accident attorney as soon as possible.
A lawyer will immediately begin collecting evidence and building a case for liability against the other driver. Once this work is done, your lawyer can file a claim with the other driver’s insurance company. If a minor crash ends up having an impact on your finances, filing a claim is often your only option for recovering the compensation you need.
Contact an Experienced Car Accident Attorney For Guidance After a Minor Crash
Auto insurance companies might put up a fight, but they have more than enough money to pay for the costs you incurred due to the accident. You should never have to bear the cost of another driver’s negligent actions.
