What should I do immediately after a car accident in Los Angeles?
Call 911 if anyone is injured, then move to safety if possible. Take photos of all vehicles, damage, and the scene before the cars are moved.
Exchange information with other drivers, including names, phone numbers, insurance details, and license plate numbers. Get contact information from witnesses who saw the accident happen.
Under California Vehicle Code §20008, you must report any accident causing injury, death, or property damage over $1,000 to the DMV within 10 days. File a police report even for minor accidents, as insurance companies often require this documentation.
How long do I have to file a car accident claim in California?
California's statute of limitations gives you two years from the accident date to file a personal injury lawsuit. This deadline is strict under California Code of Civil Procedure §335.1.
For property damage claims, you have three years to file. However, insurance claims should be filed much sooner—most policies require notification within days or weeks.
Missing these deadlines means losing your right to compensation permanently. Contact a lawyer within weeks of your accident to protect your claim.
How much does a car accident lawyer cost in Los Angeles?
Most car accident lawyers work on contingency fees, meaning they only get paid if you win. Typical rates range from 33% to 40% of your settlement or verdict.
You pay nothing upfront for legal representation. The lawyer covers case expenses like expert witnesses, medical records, and filing fees, then deducts these from your final recovery.
If you don't win, you owe nothing for attorney fees. Always get the fee agreement in writing and ask about what percentage applies if your case settles versus going to trial.
What damages can I recover after a Los Angeles car accident?
California law allows you to recover economic damages like medical bills, lost wages, property damage, and future medical costs. Keep all receipts and documentation for these expenses.
You can also claim non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life. These amounts vary based on injury severity and impact on daily activities.
If the other driver was extremely reckless, you might receive punitive damages. California Civil Code §3294 allows these in cases involving malice, fraud, or oppression.
How do I choose the best car accident lawyer in Los Angeles?
Look for attorneys with specific experience in car accident cases, not general practice lawyers. Ask how many car accident cases they've handled and their settlement success rate.
Check their track record with cases similar to yours. A lawyer who regularly handles serious injury cases will have relationships with medical experts and accident reconstructionists.
Consider these factors when comparing lawyers:
- Trial experience: Many cases settle, but you want a lawyer willing to go to court
- Resources: Larger firms can handle expensive expert witnesses and investigations
- Communication style: Choose someone who explains legal terms clearly and responds promptly
- Client reviews: Read testimonials about their professionalism and results
- Fee structure: Understand exactly what percentage they take and what costs you'll cover
Schedule free consultations with 2-3 lawyers before deciding. Most car accident attorneys offer these at no charge.
What if the other driver doesn't have insurance in California?
California requires minimum liability insurance, but many drivers still operate vehicles illegally without coverage. You can file a claim through your own uninsured motorist (UM) coverage if you have it.
UM coverage is optional in California but highly recommended. It pays for your injuries when the at-fault driver has no insurance or not enough to cover your damages.
You might also sue the uninsured driver directly, though collecting payment can be difficult if they lack assets. A lawyer can help you explore all recovery options, including identifying other potentially liable parties.
How long does a car accident settlement take in Los Angeles?
Simple cases with clear liability and minor injuries often settle in 3-6 months. Complex cases involving serious injuries or disputed fault can take 1-2 years or longer.
Never rush to settle before reaching maximum medical improvement. Once you accept a settlement, you cannot reopen the case for additional compensation.
Your lawyer should wait until all medical treatment is complete to calculate full damages. This ensures you're compensated for future medical needs and permanent injuries.
What evidence strengthens my car accident case?
Police reports provide official documentation of the accident scene and often include the officer's fault determination. Photos and videos from the scene showing vehicle positions, damage, and road conditions are critical.
Medical records linking your injuries directly to the accident are essential. Seek treatment immediately after the crash—gaps in care weaken your claim.
Other valuable evidence includes:
- Witness statements and contact information
- Dashcam or surveillance footage
- Cell phone records proving the other driver was distracted
- Expert testimony on accident reconstruction or medical prognosis
- Documentation of lost income and expenses
Your lawyer will gather and preserve this evidence before it disappears.
Can I still recover compensation if I was partially at fault?
Yes. California follows pure comparative negligence rules under Civil Code §1714. You can recover damages even if you were 99% at fault, though your award is reduced by your percentage of blame.
If you're found 30% responsible and your damages total $100,000, you'll receive $70,000. The other driver's insurance will argue you're more at fault to reduce their payout.
Never admit fault at the accident scene. Let investigators and lawyers determine liability based on evidence.
What makes Los Angeles car accident cases unique?
Heavy traffic on freeways like the 405, 101, and 10 leads to frequent rear-end collisions and multi-vehicle pileups. Lane changes and merging accidents are especially common during rush hour.
LA's mix of pedestrians, cyclists, and rideshare vehicles creates complex liability questions. California's shared fault rules mean multiple parties may bear responsibility.
Local knowledge matters when choosing a lawyer. Attorneys familiar with LA courts, judges, and insurance adjusters can navigate your case more effectively than out-of-area lawyers.
Should I accept the first settlement offer from insurance?
No. Initial offers are typically much lower than your claim's true value. Insurance adjusters know most accident victims don't understand full damages or negotiation tactics.
The first offer rarely accounts for future medical needs, long-term disabilities, or maximum pain and suffering compensation. Once you accept, you sign away your right to additional money.
Have a lawyer review any settlement offer before responding. They can calculate your claim's worth and negotiate aggressively for fair compensation.
What questions should I ask during a lawyer consultation?
Ask about their specific experience with car accident cases: "How many cases like mine have you handled?" and "What were the outcomes?" This reveals whether they're qualified for your situation.
Discuss their approach to your case: "Do you personally handle cases or pass them to junior attorneys?" and "How often will we communicate?" You want an accessible representation.
Clarify the financial arrangement: "What's your contingency fee percentage?" and "What expenses will I be responsible for?" Get all costs in writing before signing any agreement.
