One of the most common causes of accidental injury in Bakersfield and throughout California is car accidents. The vast majority of these car accidents are the result of human error. Whether the accident was caused by a distracted driver who failed to notice that the vehicle in front of them had stopped, an impaired driver who was unable to maintain a single lane of travel, or someone who drove dangerously fast to avoid being late for work, if you are injured by another driver on the roadway, you can seek compensation for your injuries through California's personal injury claims process.
Many people think a car accident claim is simply a claim against someone else's auto liability insurance for medical expenses and property damage sustained in the accident. While this is all true, the personal injury claims process is much more than that, as it potentially can involve filing a personal injury lawsuit and seeking compensation through the civil court system.
REQUEST A FREE CONSULTATIONThe Car Accident Claims Process in Bakersfield
After you’ve been injured in an accident, there are many actions that need to be taken immediately, such as seeking medical treatment for your injuries and reporting the crash to various agencies and entities, including the California Highway Patrol or local police department, the Department of Motor Vehicles, and your own insurance company, even if you do not plan to file a claim against your insurance.
Another important step that should be taken is speaking with an experienced Bakersfield personal injury lawyer about your claim. Because of the contingent fee billing method used by personal injury lawyers, you do not need to worry about how to afford the services of your attorney, because you are not required to pay the attorney for their services until there is a positive resolution to your claim either through a negotiated settlement or a court award.
The Step-By-Step Process of Car Accident Claims
The process of seeking compensation for injuries you sustained in a Bakersfield car accident typically involves these steps:
- A demand is made against the at-fault party’s auto liability insurance policy. In some cases, the claim is made against another applicable insurance policy, such as the business liability policy of a manufacturer who produced a defective auto part that factored into the accident.
- When the insurance provider receives the demand, they will assign a claims adjuster to review the claim and determine the amount of compensation owed to the claimant.
- The claims adjuster can either pay the claim, deny the claim, or offer to settle the claim for less than its established value.
- If the adjuster fails to approve the claim for payment or enter a settlement agreement that compensates the claim, it can be filed in Bakersfield civil court as a personal injury lawsuit. A lawsuit must be filed within three years of the date on which the accident occurred.
- Settlement negotiations can continue after the lawsuit has been filed, and even after a trial has begun, provided the court has not yet entered a decision on the matter.
- Once the matter is resolved through a settlement or award, your attorney will collect the proceeds on your behalf and deposit the money in a trust account. From this account, they will deduct a percentage fee for their services and satisfy medical liens placed against the award by your health care providers or health insurers.
- Your attorney will meet with you to sign paperwork to close out your case, and then will turn over the remainder of the compensation to you.
While the process seems simple, it is usually complicated by issues that include an insurance claims adjuster who is seeking to protect their employer’s bottom line by reducing or eliminating payouts, the formalities involved in the legal process, and difficulty obtaining the evidence and documentation needed to prove the claim. A personal attorney’s legal team is extremely helpful in completing the legwork involved in the claim while the attorney maintains communication with the insurance provider and the court, and the claimant focuses on recovering from their injuries.
What Happens if the At Fault Party is a Common Carrier?
In California, a common carrier is a business entity that offers transportation to people or property from one location to another for profit. This includes:
- Taxicabs
- Commercial airplanes
- Trains
- Buses
If your car accident is the result of a negligent party that falls under the common carrier umbrella, a claim can become trickier. These vehicles are often owned by municipalities or larger corporations with the money to hire the best lawyers to make their mistakes go away.
Common carriers are held to a higher standard of care because they’re directly responsible for people’s safety. Servicing the public is a privilege that involves a lot of responsibility. They need to be held accountable when they fail to keep the public safe. At Kash Legal, we are not intimidated by common carriers and can help you recover the compensation you deserve.
The Services an Experienced Car Accident Attorney Can Provide
An experienced Bakersfield car accident attorney can provide a number of services to assist you in obtaining compensation for the financial and emotional costs of your injury:
Determining the liability and insurance resources involved in your claim.
Valuing the claim based on factors such as available insurance, the severity of your injury, and the incurrence of permanent disabilities that will impair your ability to earn an income.
Managing communication with the claims adjuster in order to protect the value of your claim from being degraded by common insurance company tactics and to keep the conversation focused on negotiating a settlement that fairly compensates you.
Providing you with the guidance and information you need to make decisions about your case that reflect your best interests.
Filing your claim in court within the 3-year statute of limitations and managing the requirements of the court process.
Litigation services involving the presentation of evidence and examination of witnesses who can help prove to the court who was liable for causing the accident and the damages you are entitled to receive.
Assistance in collecting your settlement or award.
In some cases, the defendant to the claim will appeal a court award. While most Bakersfield car accident personal injury claims are resolved through settlement, it is important to note that if your case goes to court and an appeal on the award is filed, your attorney will continue to provide assistance through the appeals process.
If You’ve Suffered Injuries in a Car Accident in Bakersfield, Kash Legal May Be Able to Help
In an instant, a car accident can completely alter the course of your life, leaving you with unpaid medical expenses, the inability to work, and pain associated with your injury. California’s personal injury claims process is designed to help those who have been injured as a result of someone else’s carelessness or recklessness to obtain the compensation they need when the insurance company refuses to pay.
The job of a Bakersfield car accident lawyer and the team at Kash Legal is to take some of the stress off of you by assisting you with the legal process of obtaining compensation for your injury. If you’re ready to get started on your claim, we can evaluate your case for free. Call us at (888) 527-4128 or fill out our contact form.
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