Ventura Car Accident Lawyers
Ventura is, no doubt, one of the best places to live. With its beaches, amenities, and long history, many Venturans never want to live. But like every other incredible city with roads and cars, car accidents are not uncommon.
In 2021, California’s Office of Traffic Safety reported that 675 people were killed or injured in car accidents. While that number is, admittedly, better than some other cities with the same population average, Ventura is still in the top quintile.
If you or someone you love has been in a car accident, you’re likely aware it is a terrible experience. Even accidents that do not cause injury or death might require the victim to make significant repairs to or replace their vehicle. To mitigate the trauma car accidents can cause, California law requires the owners of vehicles that have caused an accident to compensate the victims financially.
However, the process of recovering compensation is not always straightforward. But with a Ventura car accident lawyer in your corner, studies establish that you are more likely to receive better compensation and receive it on time.
What To Do If You’ve Been Involved In A Car Accident In Ventura
The following are necessary steps in the aftermath of a car accident
Ensure your safety and the safety of everyone around
As long as you have not suffered any severe injuries and can move after an accident in Ventura, you have some legal obligations. The first is to stop.
If the accident has not caused any death or injury and the vehicle can still move safely, you should stop in a manner that wouldn’t obstruct traffic. But you should stop on the spot if there is death or injury.
Once you discover that anyone has been injured in the accident, you should immediately call 911 to report the accident. If you can, you should also offer any first aid.
Exchange information
Suppose the accident has not rendered any of the drivers incapable. Cal. Veh. Code § 16025 requires them to exchange information like their names, current residence addresses, driver’s license numbers, vehicle identification numbers, and the current address of the residence owner if the owner is different from the driver.
They are also required to exchange proof of financial responsibility, usually insurance information (name and address of insurer with insurance policy number).
Report the accident
Suppose the accident resulted in death, injury, or property damage over $1,000, but police did not arrive on the scene. In that case, drivers are required to report the accident to the Ventura Police Department or CHP within 24 hours.
After investigating, the enforcement agency will produce an official report on the accident, and it is crucial to obtain this report for your insurance claim. You can now visit the CHP’s online crash portal to get your crash report for free. Alternatively, you can scan the QR code on your crash card.
Ventura police allow you to obtain your collision report in two ways. The first is to purchase the report online, which is now possible thanks to the city’s partnership with BuyCrash. To purchase online, you’ll need to provide the date of the collision and the report number you were given at the scene.
The second way is to complete the report request form and email, mail, or physically take it to the police department. Note that you’ll have to pay a $20.00 fee to get this report with all methods except email.
Get a lawyer
Next, you should reach out to a skilled Ventura car accident lawyer to understand the full scope of your accident. A lawyer will help clarify whether you have grounds for a claim and if you have any other legal obligations.
Notify your insurer
Finally, it is best practice to notify your insurer as soon as you reasonably can so they can commence their investigations.
How Can A Car Accident Lawyer in Ventura Help?
After you consult and hire a skilled car accident lawyer in Ventura, they will be able to help with the following.
Gather and present evidence
With their network and tools, car accident lawyers can further investigate all aspects of an accident to gather relevant and weighty evidence to substantiate your claim. They can also do this if an insurance company requests specific evidence to verify the claim.
Negotiate with insurance companies
Skilled negotiators are essential to secure compensation from auto insurance companies that infamously employ different tricks to pay less than they should. A lawyer familiar with all these tricks will recognize them immediately and understand how to counter them.
Your lawyer will also provide an objective lens through which you can view every settlement offer. Many times, victims are more concerned about paying the bills arising from an accident. Hence, they accept the first offer that looks good enough, even when it isn’t.
Represent you in court
If you eventually have to sue the responsible driver, your lawyer will provide expert legal representation, using their knowledge of California’s substantive and procedural laws.
How Much Is My Ventura Car Accident Claim Worth?
The worth of car accident claims is often difficult to predict since it depends on each case’s peculiarities. Currently, the average for property damage-only accidents is around $5,000, while claims for accidents that cause injury are about $20,000.
The worth of your claim will ultimately depend on factors like the severity of the damage and the type of injuries. More severe damages and serious injuries that require extensive treatment will mean the claim is likely worth more.
However, you must also consider whether you are partially responsible for the accident because courts and insurance companies will reduce settlements proportionately to any responsibility you bear.
How Do Car Accident Settlements Affect Your Taxes?
On a Federal level, the IRS, according to 26 USC § 104(a)(2), will not tax any damages or settlements received due to personal physical injuries.
Damages that can be attributed to (traced to) an injury you’ve suffered due to the accident are not taxable and do not need to be reported as income. California has no state taxes that affect settlements, so the same principle applies at the state level.
However, suppose you receive punitive damages from a lawsuit against the driver responsible for your accident. In that case, those will likely be taxable. The reason is punitive damages are generally not compensatory (awarded to the victim for their injuries), but they are exemplary.
Damages received for repairing or replacing property damaged in an accident are generally not taxable. But its exemption from your taxes will only remain if the amount you receive as compensation does not exceed the total cost of the property (including loans to pay for that property).
Similarly, as long as a settlement is not taxable, your legal fees will not impact your tax liability since legal fees are usually part of the settlement.
However, if your lawyer charges a contingent fee (meaning they will only get paid if you win a settlement) and you receive a taxable settlement, your settlement will be taxed without regard to the fee you have paid your lawyer.
To illustrate, if you receive $10,000 for emotional distress that cannot be attributed to a physical injury and pay your lawyer $3,000, you may be unable to deduct that $3,000 for tax purposes.
Contact the Accident Helpers Today
A lawyer is essential for the success of your claim in Ventura. However, choosing an experienced lawyer you can trust to get the best possible for you may be difficult.
But at The Accident Helpers, we can eliminate that difficulty. We provide you with free access to our network of vetted and skilled car accident lawyers in Ventura. All you have to do is schedule a free consultation with us. Once we get the details of your case, we recommend the best lawyers for you.
