The aftermath of a car accident can be overwhelming. As you navigate medical appointments, car repairs, and insurance logistics, it may be easy to fall for some legal myths and misconceptions. However, a lawyer’s advice will always be more trustworthy, so it’s always important to seek professional legal representation and understand the facts.
This guide will break down some of the most common myths that pertain to California auto accident law. Whether you have an accident attorney in Orange County or Napa Valley, the facts of law will apply to you and impact the outcome of your case.
Myth: you don’t need to report the accident to the polic
Some drivers may be more comfortable handling an accident without involving the police. However, this is against the law in some cases. According to California Vehicle Code, a driver must file a written report to the police or California Highway Patrol within 24 hours if the accident involved an injury or death. A representative of the driver can also file the report if the driver themself is unable to do so.
You may also need to report the accident to the California Department of Motor Vehicles in some cases. This is a requirement if anyone was injured, killed, or if the crash resulted in over $750 worth of damage. Even minor injuries are included in these requirements. This report must be filed within ten days; if you aren’t sure which reports you need to report after a crash, consult an auto accident attorney.
Myth: there is a standard statute of limitations
There is generally a statute of limitations for every type of lawsuit and legal claim. However, there is not an all-encompassing statute for car accident cases. The specific statute of limitations will depend on the specific type of case.
When the accident involves the injury or death of an individual caused by another’s wrongful or negligent act, the case must be filed within two years. This is according to California Code of Civil Procedure section 335.1. However, if you want to file a suit due to physical damage to the car, you must file the suit within three years.
Myth: you can only include economic damages in your case
You will hear the word “damages” frequently when filing a lawsuit for your car accident, but this term can be deceiving. Damages include more than just physical damage to your car. Auto accident laws divide damages into economic and non-economic categories. Economic damages include medical expenses, repair and replacement of your vehicle, rental car expenses, lost income due to injury, and any other monetary cost.
However, it’s also important to consider non-economic damages. These can include emotional trauma, pain and suffering, and disability. By including all of these factors in your suit, you can work to obtain the compensation that you deserve.
Myth: you can handle a car accident case on your own
While it can be tempting to try to reach an agreement with the other drivers involved, you could get yourself in legal trouble. A qualified car accident attorney will ensure that you take all of the legal steps necessary to receive the compensation you deserve.
A lawyer can provide valuable knowledge, as they understand all the details of California car accident law. A lawyer can also advise when you should accept a settlement. Ultimately, hiring an attorney can help you yield better results in the long run and enjoy more peace of mind.
In the months following your accident, you will need to organize a variety of logistics. This can be especially challenging if you have sustained physical injuries or damage to your car. Your attorney can help you get as close as possible to your ideal outcome, so you can move on from the crash.