Holland & Holland Law Offices

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Auto Accident Claim In CaliforniaThere are alternatives to going to court for a California auto case. One alternative is to get a case settled before you need to file a lawsuit. Most cases settle outside of court, which is usually the quickest step.

What Would Lead A Case To Go All The Way To Court?

Usually, we would need to file a lawsuit if a client’s treatment will last longer than two years – this is done to protect their claim from expiring before we understand the extent of their claim. Also, if the initial offer is too unreasonable and our clients don’t want to accept it, we would go to court.

How Can Pre-Existing Conditions Impact My Personal Injury Case?

Pre-existing conditions may be partially covered after being in an auto accident. The at-fault party would not be responsible for causing the condition because you already had it. However, the at-fault party and their insurance company would be responsible for exacerbating the pre-existing condition. This means they made it worse by hitting you, and that’s what they’re accountable for the treatment to get you back to at least where you were before the accident.

Can Insurance Companies Use Pre-Existing Conditions To Limit Or Deny A Settlement?

Insurance companies try to use pre-existing conditions to limit settlement amounts by saying, “Listen, we didn’t cause the issue; they already had a back injury. We’re not responsible for that; we’re just responsible for making it a little bit worse.”

In many cases, it is hard to show how much worse the accident has made the pre-existing condition.

Should I Consult With An Attorney If The At-Fault Party’s Insurance Company offers me A Settlement?

While you don’t need an attorney, it’s almost always beneficial to retain one because the insurance companies are not on your side. Their interest resides with their shareholders and their shareholders’ money.

You wouldn’t necessarily need an attorney if the at-fault party’s company offered a settlement. However, it’s always a good idea to consult with an attorney before settling a case to ensure the insurance company is doing everything they are required to.

A personal injury attorney is on your side, and they will fight for you. The insurance company’s goal is to limit the amount of money they pay out. They employ specific tactics to keep people from getting to the doctor, from speaking to an attorney, and their settlement is low.

Do Insurance Companies Have A Limit On Car Accident Payouts In California?

Yes, they are limited by the insurance policy the at-fault party carries. In California, the minimum coverage is $15,000 over $30,000 with a $5,000 property damage.

Suppose somebody carries those limits and you have an injury worth $30,000. In that case, $15,000 is the maximum because that’s what their limitations are.

For the property damage, if your car has $7,000 worth of damage and the person that hits you only has a $5,000 policy for property damage, then that’s all they’re going to pay.

How Is Fault Determined In A California Auto Accident Case?

Fault can be determined by looking at the facts of the accident. A police report is helpful for this because people’s stories will be fresh in their minds immediately after an accident. The statements offer an official document of the accident.

If any witnesses see an accident, get their information so that your auto accident lawyer can talk to them. It takes a while for the police to come, and witnesses will often leave before the authorities have the chance to gather their information.

For more information on Alternatives To Litigating An Injury Claim In CA, a free initial consultation is your next best step. Get the information and legal answers you seek by calling (562) 600-0807 today.

Holland & Holland Law Offices

Call For A Free Consultation
(562) 600-0807