How to File a Motor Vehicle Accident Claim in California: Step-by-Step Guide

Every year, thousands of Californians get involved in car accidents. While many of these accidents don’t result in serious injuries, some do. If you are involved in an accident caused by another person’s reckless driving, you can file a claim and get compensated for your damages.

Whether you’re involved in a small fender bender or a major accident, knowing how to file a claim makes the process easier. Keep reading to find out how to file a motor vehicle accident claim and get a proper settlement for damages suffered.

What to Do Immediately After a Car Accident in California

The claims process begins the moment you get involved in the accident. What you do after the car crash will significantly influence your claim’s success and settlement amount. Ensure you do the following immediately after getting involved in an accident:

Seek Medical Attention

First, call 911 to receive emergency medical care even if you don’t have visible injuries or symptoms. Remember, some injuries may not be apparent immediately after the accident but show up days or weeks later. The adrenaline rush following the accident may also mask some injuries.

Getting emergency medical care immediately after the accident builds a solid foundation for your claim. It demonstrates that you sought immediate medical assistance, making it harder to discredit your claim.

Report the Incident to the Police

While waiting for emergency medical care to arrive, report the accident to your local police departments. This is especially crucial if your car has serious damage and you’ve suffered severe injuries. When the police arrive, they’ll compile a police report to help advance your claim. Also, don’t forget to report the accident to the DMV within 10 days, as required by the law.

The police will ask you a couple of questions once they arrive. It’s important that you stick to the facts and describe the events as accurately as you can. Avoid deflecting blame or speculating, and remember to be firm and direct with your statements.

Do not accept fault or apologize when talking to the police or the other driver. Doing so will make you seem like the one who caused the accident.

Exchange Information With the Other Parties

Next, share details with all parties involved in the accident. The information you should exchange includes:

• Full names
• Phone numbers
• Addresses
• Insurance information
• Vehicle information (make and license plate numbers)

This information is necessary for filing your SR_1 Traffic Accident Report. Should the other party refuse to share details, contact the police and take a photo of their vehicle registration number. That way, you can later track them through their car’s registration number.

Gather Evidence

With all the information you have, your next move is to collect evidence to prove liability. Car accident victims must prove that the at-fault driver’s negligence caused the accident. Doing so requires adequate evidence, including:

• Photos
• Video Footage
• Location details

Collect Witness Statements

According to the law, witnesses are people who have seen the accident or have any relevant information about it. Other drivers, passengers, and bystanders can all provide witness statements to boost your claim’s validity. There are two ways you can collect witness statements. The first and easiest way is to record video footage of the witnesses narrating the accident. The second is to note down what the witnesses say about the accident.

When collecting witness statements, be sure to do the following:

• Ask witnesses to give details about what they saw or heard before, during, and after the accident.
• Collect the witnesses’ names, contact information, and addresses.
• Inform the witnesses that they may be contacted by the police or insurance company agents later on.
• Note down the date and time the witnesses gave their statements.

If you choose to collect written statements, ask the witnesses to sign the bottom of their statements to confirm the authenticity of their statements. These statements strengthen your legal standing, especially if the claim goes to trial.

What to Do After Receiving Treatment

Your health should take top priority after an accident. Ensure you recuperate well before following up with your claim. Once you’re back on your feet, continue the claims process by:

Contacting a Reputable Attorney

While you can file a motor vehicle accident claim alone, you’re better off hiring an experienced attorney to do the hard work. The lawyer will help you initiate the claims process and follow through until you get a fair settlement. The claims process involves:

• Investigation: Your attorney will investigate the accident to determine who is at fault or each party’s degree of fault. In order to be compensated for the damages, you must prove that the other party was responsible for the accident.  
• Compiling evidence and documentation: Next, your attorney will organize the evidence you’ve gathered so they can clearly demonstrate the other party’s negligence and liability. They’ll also document all expenses related to the accident.
• Filing paperwork: Filing paperwork is the beginning of the claims process. The lawyer will ensure you complete the forms correctly and provide all the necessary documents to process your claim.
• Negotiations: Here, your attorney will negotiate with your insurance company for a fair settlement. It’s absolutely important that you involve a lawyer in this step since insurance companies may trick you into accepting less than what you deserve.
• Trial: Negotiations often hit dead ends. In such instances, you’ll have no option but to go to trial. A trial pits you against your insurance company in court, where a jury decides liability and settlement amount.

Get Compensated After a Car Accident

You deserve compensation for your damages if you are involved in an accident resulting from someone else’s fault. Even minor fender benders and sideswipes are eligible for compensation. However, you’ll first need to find an experienced attorney and follow the due process to get a proper settlement for your accident. Remember, you have 10 days to report to the California DMV for your claim to sail through.