Sunnyvale Car Accident Lawyers
While some accidents are unavoidable, many result from negligent or reckless drivers who leave you with the overwhelming burden of their carelessness. And although the actions of the reckless driver that led to the accident may be beyond your control, you have the power to reclaim your life and recover your losses after the crash. That is where Sunnyvale car accident lawyers come in.
They understand the local laws and are equipped to fight for your rights while you step back from the legal headaches and focus on what matters most— your recovery.
No-fault insurance allows drivers to recover compensation directly from their insurers for medical expenses and lost wages, regardless of whose fault led to the accident. This is done through personal injury protection (PIP) policies.
California is not a no-fault insurance state for car accidents. Instead, it follows a traditional “fault-based” or tort liability system. According to Cal Veh. Code § 17150, the owner of a car is responsible and liable for any property damage or injury resulting from the car’s use.
This explains why Cal. Ins. Code §11580.1, requires drivers to carry liability insurance, which covers bodily injury and property damage caused to others in an accident. Therefore, claims in California must be filed with the at-fault driver’s insurer.
What to Do If You’ve Been Involved In a Car Accident in Sunnyvale
In the unfortunate event of an accident, here are some steps you should take to ensure safety, legal compliance, and compensation
Safety and Precautionary Measures
The first thing to do is to immediately stop the car and check whether you or the occupants of your vehicle have sustained any injuries. If you find any, call 9-1-1 immediately or ask someone else to contact emergency services. If the injuries are severe, stay calm and do not move until the medical team arrives to avoid complications.
If the accident leaves you able to move and your vehicle is still drivable, pull it to the side of the road, turn on hazard lights, or use a reflective advance-warning device to alert other road users.
Contact the police
With major accidents (those that cause injury, property damage over $1000, or death), it is imperative to call and inform the police as soon as possible. Cal. Veh. Code §20008 stipulates a maximum of 24 hours from the accident to report to the police. You must also fill out the California DMV SR-1 form within ten days.
If you cannot report at the accident scene or the police do not investigate immediately, you can report at Sunnyvale’s Department of Public Safety Headquarters. Failure to report an accident in Sunnyvale may be fatal to your settlement claim and expose you to felony or misdemeanor charges for hit and run.
Document the Accident and Exchange Information
To document an accident properly, you should do the following:
- Note the date and time of the accident
- Take photos of the accident scene
- Take photos of your injuries (if any)
- Take photos of the damage done to the car from different angles
- Talk to witnesses present and get their contact information
Then, you should exchange vital information with the other driver by collecting the following
- Their contact information
- Their vehicle registration number
- Their insurer name, insurer address, and their policy number.
Inform your insurer
Most insurance policies require that you promptly inform the insurers of the accident. This allows your insurer to independently investigate the accident, ensuring your claims or claims against you can be settled quickly.
Consult a Qualified Sunnyvale Attorney
Once you have taken all the preceding steps, consider getting an experienced Sunnyvale car accident lawyer to handle your case. To begin, they will review your case to determine if you are entitled to any compensation and the extent of such compensation. Then, they will seek to gather more substantial evidence to support your claim while you can focus on recovering.
Lastly, their skills and experience are instrumental in negotiating a fair deal with the insurance company. They will also institute a lawsuit on your behalf and represent you in court if necessary.
How Can A Car Accident Lawyer in Sunnyvale Help?
A car accident lawyer will work with you relentlessly from the moment the accident occurs until you are duly compensated for your loss.
Legal advice
Accidents can cause victims to make rash decisions due to shock or ignorance. An experienced lawyer who has handled similar cases and knows the best course of action can provide tailored legal advice to ensure complete financial recovery.
For instance, a skilled car accident attorney will meticulously account for the accident’s immediate and long-term implications in your insurance settlement claim.
Settlement Negotiations
Your lawyer will be most helpful during negotiations with the at-fault driver’s insurance company. Because insurance companies often minimize settlement payouts to maximize their profits, having an expert negotiator on your side is crucial.
The insurance company will likely approach you immediately after the accident with an initial offer that is nowhere near your claim’s actual worth. If you accept this offer, you will forfeit your rights to claim for that accident in the future. Always consult a local lawyer who can weigh your injuries against Sunnyvale’s legal framework to estimate your claim’s worth before you accept any settlement offer.
Accident investigation
Since most accident claims are civil matters, they are often settled in favor of the party with the most compelling evidence. This means that succeeding in your car accident claim requires an in-depth investigation of every event surrounding the accident, no matter how inconsequential they appear to be.
This is why an expert Sunnyvale car accident lawyer should be your best ally after involvement in an accident. They work behind the scenes to investigate the accident and gather all the relevant evidence to strengthen your case.
While your documentation of the accident should provide some evidence, others, like comprehensive video footage and expert witnesses, will strengthen your claim but may be challenging to obtain if you are not a skilled lawyer.
Also, car accidents involving rideshares, public transportation, multiple vehicles, commercial trucks, and sanitation vehicles may be more difficult to navigate than others.
Legal representation at trials
If the insurance company refuses to offer a fair settlement, don’t panic; your trial-tested car accident attorneys will file a personal injury lawsuit for compensation.
In the rare situation that the case proceeds to trial, local lawyers are well-versed in California’s car accident laws. Their familiarity with Sunnyvale’s major roads and intersections is usually an added advantage.
How Much Is My Sunnyvale Car Accident Claim Worth?
There is no one cut-fits-all formula to calculate the exact monetary worth of your Sunnyvale car accident. The reason is that the value of your car accidents is hinged on several factors that may vary depending on the facts and circumstances of each case.
Some of these factors may include the severity of your injuries, the medical expenses incurred, the extent of damages done to your car and properties, the liability of the other driver, and the other driver’s insurance status.
Consequently, the actual value of your accident claim depends on your lawyer’s negotiation skills.
Legal Process For A Car Accident in Sunnyvale
Filing a claim
After consulting with your lawyer, you should file a claim with the insurance company. To do this, call the company and inform them that you intend to make a claim.
They will then tell you how to do that, likely through a form they mail to you or a mobile app. Ensure you attach all the relevant evidence you have gathered to your claim and that your lawyer reviews it.
If your injuries are substantial, wait till you reach Maximum Medical Improvement (MMI) before you file a claim so you can adequately account for the medical expenses you’ve had to make before submitting a claim.
Negotiating a settlement agreement
Upon receipt of your claim, the insurance company will conduct an independent investigation to determine fault and liability. After this, they will propose an offer to set the negotiation phase in motion. Negotiation could span weeks or even months until the settlement agreement is signed.
Filing a Lawsuit
If parties cannot reach an agreement, your attorney may need to file a lawsuit as a last resort.
It is important to remember that in California, car accident lawsuits against a private individual must be filed within two years from the date of the accident, while cases involving a public entity must be filed within six months from the date of the accident, in accordance with Cal. Civ. Pro. Code §§ 335.1 and 341, respectively.
Contact the Accident Helpers Today
Did you recently survive a car accident in Sunnyvale and want to speak with an experienced attorney? Contact The Accident Helpers today to schedule a free consultation. Once we have the facts of your case, we will immediately connect you with the attorney most suitable to help you get a settlement.