Imagine you are cruising down the Pacific Coast Highway, and out of nowhere, a distracted driver makes a sudden stop. An ordinary day in Malibu turns into one of your worst nightmares.
Your car is damaged, you’re bleeding, and you are not sure what to do next.
At times like this, you wish you had the slightest idea what to do in a car accident.
No one wants to picture themselves in a car accident, but having a game plan is so important. We’ve created a step-by-step guide for what to do after a car accident so that you can arm yourself with information.
This is for your safety and peace of mind. You can also share this with your loved ones to ensure that if they’re in a situation like this, they know what to do.
Steps to Take After a Car Accident in Malibu
Car accidents are dangerous and stressful, but what makes them even worse is that no one knows what to do at the moment. Here are the steps you need to take after an accident.
Step 1: Call 911
The priority is your safety. Whether you’re the passenger or the driver, you must move to a safe spot and call 911. This way, you can prevent another accident and get emergency responders there.
Even if you think that you haven’t sustained major injuries or the damage to your car is minor, you should also report the accident to the police, as it is crucial for insurance purposes.
Step 2: Seek Medical Attention
While you might get some immediate medical attention by calling 911, you should still go to the hospital and get a full check-up. Your medical records will be considered key evidence in your case, as you need to record any injuries that you have sustained.
Step 3: Document the Scene
Documenting the scene includes taking photos or videos to keep a record of the car damage, skid marks, debris, traffic lights, and even weather conditions.
If this case goes to court, the details will help reconstruct what happened and also show the jury who is at fault.
Step 4: Exchange Information and Talk to Witnesses
Just like gathering photo and video evidence, talking to witnesses, and recording their testimony will help to build your case. Use this time to exchange names, contact information, license plate numbers, and insurance details of the other driver. You want to be able to take statements from witnesses to prove your case.
Step 5: Report to Insurance
By notifying the insurance company, you preserve your right to file a lawsuit if needed. An insurance adjuster will try to get you to admit fault or accept a settlement quickly. This is often a low-ball attempt, and you should not fall for it.
Step 6: Contact a Malibu Car Accident Lawyer
The only real decision you need to make at this time is hiring a local attorney. We recommend hiring a local attorney who is not only familiar with the area but also well-versed in California traffic laws. The lawyer can help you file a lawsuit and deal with insurance companies on your behalf to secure the compensation you deserve.
Understanding Liability in Malibu Car Accidents
One of the most important aspects of car accident cases is figuring out who is responsible. Multiple parties can be held liable in car accidents.
Most cases have an at-fault party and a victim. The driver could be at fault for speeding. If the driver has insurance, insurance companies may be involved. Government agencies can also be at fault if the car accident is a result of poorly maintained roads or unclear signs.
The liability is decided by reviewing the specific facts of the case.
In some cases, the victim is also at fault. This is where the comparative negligence rule comes in. This means more than one person shares fault for the accident. In this case, your compensation is reduced by how much you’re at fault. So if you are responsible for 20% of the accident, you will receive 80% of the damages you have claimed.
Working with an experienced lawyer will ensure that your accident is investigated thoroughly and you can recover the maximum compensation possible.
Filing a Car Accident Claim in Malibu
Now that you have made it out of the car accident and secured the support of an expert lawyer, the next step is to file a car accident claim.
The process is typically straightforward. You need to find the at-fault driver’s insurance company. If you have already exchanged contact information, you can use it to reach out to the company.
For investigation purposes, the attorney will gather evidence, such as police reports, medical records, and photos of the scene, to build your case. All the evidence you documented after the accident will help you prove who is at fault.
After the investigation, your lawyer can start negotiations to secure a fair settlement of your medical bills, lost wages, and other damages. In most cases, the settlement will be accepted. But if the insurance company does not accept the offer, you can take this to trial.
Filing a car accident lawsuit has a deadline, so you must not waste time getting in touch with a lawyer. In California, you cannot file a lawsuit if it has been more than two years since the accident. In the case of a government agency, you cannot file the case if it has been six months since the accident.
Get Help from a Malibu Injury Lawyer Today
A car accident is stressful enough as it is; you don’t need to go through the aftermath alone. Our team at Malibu Injury Lawyer is here to help you navigate California’s legal system. We are committed to fighting for you.
Schedule a free consultation with an experienced attorney.
Frequently Asked Questions
What should I do immediately after a car accident in Malibu?
Immediately after a car accident, you should call 911 and seek medical attention. If possible, document the event and exchange contact information with the other driver.
Do I have to call the police after a minor accident?
Yes, even if the accident is a minor one, you need to report it for insurance purposes.
How long do I have to file a car accident claim in Malibu?
You have two years from the date of the accident to file a lawsuit. In case of government agencies, you have six months from the date of the accident to file a lawsuit.
Who determines liability in Malibu car accidents?
The liability in Malibu car accidents is determined by reviewing the details of the car accident.
Can I recover compensation if I was partly at fault?
Yes, if you are partly at fault, you can still receive compensation. But the compensation will be reduced by the percentage of fault assigned to you.
What damages can I claim after a Malibu car accident?
You can seek damages for medical expenses, lost wages, future rehabilitation costs, as well as pain and suffering caused by the accident.
Should I talk to the insurance adjuster before hiring a lawyer?
No, it is best that you talk to the insurance adjuster only after speaking to a lawyer to avoid settling for minimal payouts.
How long does a car accident case take to settle in Malibu?
A car accident case can take a few months to over a year to settle. If it is a complex case that goes to trial, it might take even longer.
What if the other driver was uninsured?
You can still file a lawsuit if the other driver was uninsured/underinsured.
How much does it cost to hire a Malibu Injury Lawyer?
Malibu Injury Lawyer works on a contingency fee basis, so you don’t have to pay up front. You only pay if we win the case for you.
