In a car accident that causes injury and damages, a victim is left dealing with hefty medical bills, lost wages due to missed work, and a car that’s no longer drivable. And when the crash results from another driver’s wrongful action, it can be more overwhelming and confusing, as you are left with expenses you should not have incurred in the first place. This is exactly where a car accident claim comes in.
A car accident claim is your legal right to seek compensation when another driver’s carelessness or recklessness causes harm. However, there are specific criteria you should meet before you can file a claim. In this article, you will understand them and how to protect your rights in such cases.
What Is a Car Accident Claim?
A car accident claim is a legal process you initiate to recover money for the losses you suffer due to an auto crash. These losses may be physical, emotional, and financial. If another driver caused the accident due to negligence, like running a red light or texting behind the wheel, they can be held legally and financially responsible.
Overall, you can file a claim if the accident involved:
- A rear-end collision
- A T-bone crash
- A drunk or distracted driver
- Multiple vehicles
- A hit-and-run driver
- Someone without insurance or with too little insurance
- Any auto collision resulting from bad driving behaviors or other negligence, such as improper maintenance
When Should I File a Car Accident Injury Claim?
In a car accident, you ONLY have the right to seek compensation for the damages if you meet the following requirements.
When Someone Else’s Negligence Caused the Car Collision
You may pursue a car accident injury claim when another driver’s negligence caused the crash.
Negligence happens when someone fails to act with the level of care that any reasonable person would in the same situation. Liability, on the other hand, is a person’s legal responsibility when their carelessness causes harm.
Imagine a distracted driver checking a text message while approaching a busy intersection. A reasonable person would keep their eyes on the road, but in this case, that split-second decision leads to a collision with another car, leaving the other driver injured. That moment of distraction made him negligent and legally responsible for the pain, expenses, and disruption caused.
Overall, you need to prove the at-fault party’s negligence by showing the following:
- The driver was legally responsible for ensuring safety when sharing the road.
- They disregarded this duty and acted wrongfully.
- Their actions led to a car accident.
- You suffered injuries or other damages because of it.
When You Get Injuries and Other Damages from the Accident
Identifying who caused the crash is just one part of the picture. What truly gives weight to your car accident claim is the harm you’ve suffered physically, emotionally, and financially. Without real injuries or measurable losses, there’s simply nothing to compensate for. That’s the reality of how personal injury claims work.
It’s not just about the accident but how it changed your life. Maybe it started with a trip to the ER and a string of doctor’s appointments. Perhaps you’re now juggling physical therapy, expensive medications, and mounting bills. Each of these costs tells a story of the toll the accident has taken on you.
That includes:
- Emergency room and hospital bills
- Specialist consultations and follow-ups
- Prescription medications
- Physical rehabilitation
- Medical equipment or assistive devices
- Vehicle repair or replacement costs
- Lost wages from missing work
Moreover, you can also claim for intangible losses or damages that you suffered emotionally or psychologically due to the crash. This can be the anxiety that kicks in every time you sit behind the wheel, or the emotional distress you suffered from adjusting to your injury.
If your injuries have changed how you live, work, or feel, the damages you’ve endured are the foundation for seeking justice.
When You Have Evidence to Support Your Claim
Even if it’s clear that the other driver was at fault, your case still depends on one crucial thing: evidence. Without it, you can be stripped of your right to compensation as insurance companies may insist you do not have proof to show the other driver’s negligence in the crash.
This is why gathering strong proof is crucial, especially when you are at the accident scene. It is best to gather all possible pieces of evidence, such as:
- Driver’s information, such as name, driver’s license, and insurance company
- Eyewitness accounts
- Photos of the scene
- CCTV footage and others
Remember that no matter how insurers insist you are at fault or deny your claim, your case will likely succeed if you have strong supporting evidence.
If Your Accident Happened Within the Allowed Filing Timeframe
After a car accident, you have a limited window, known as the statute of limitations, to file your claim and fight for the compensation you deserve. In California, that window is typically two years from the date of the crash. It might sound like plenty of time, but when you’re juggling medical appointments, missing work, and trying to recover emotionally and physically, those months can pass in a blur.
In some situations, like accidents involving government vehicles or agencies, that window shrinks dramatically to just six months.
Note that if you miss that deadline, no matter how valid your injuries or how apparent the other driver’s fault is, you could lose your right to any compensation. That’s why the smartest step is to connect with a car accident lawyer as soon as possible. Not only can they help protect your rights and keep your case on track, they’ll make sure every critical deadline is met and every piece of evidence is preserved.
Can I Still File a Claim If I’m Partially at Fault?
Yes, you can still file a claim even if the accident was partially your fault. California follows a pure comparative fault system, which means your role in the crash doesn’t automatically disqualify you from receiving compensation. Instead, your settlement is adjusted based on your share of the blame.
Let’s say you were driving through an intersection when a speeding vehicle slammed into you. The investigation reveals you didn’t have your headlights on. Even though the other driver was going dangerously fast, you’re assigned 20% of the fault. That means if your total damages amount to $100,000, you could still recover $80,000 because your responsibility doesn’t erase your suffering or the financial burden you’re facing.
However, fault percentages aren’t always cut and dry. Insurance companies often try to increase your share of the blame to reduce what they owe. And if you don’t have someone fighting for you, you might walk away with far less than what your injuries, pain, and losses are truly worth.
That’s why having a personal injury attorney is important. A skilled lawyer can break down the damages you’ve suffered, defend you against unfair blame, and negotiate fiercely to make sure you receive a settlement that reflects the real impact the accident had on your life.
What Damages Can I Include in My Car Accident Settlement?
After a car accident, you’re often left dealing with physical pain, emotional stress, and financial strain. And yet, insurance companies may pressure you into settling quickly, hoping you’ll accept far less than what your experience is truly worth.
You deserve more than the bare minimum. You deserve a settlement that speaks to the full impact the crash had on your life, seen and unseen.
Economic Damages: These are the measurable, out-of-pocket costs you’ve incurred.
- Vehicle Repairs or Replacement: Whether your car was dented or destroyed, you shouldn’t bear the financial weight of fixing what someone else’s negligence caused.
- Medical Expenses: Emergency care, surgeries, physical therapy, prescription medications; every medical cost tied to your recovery should be compensated fully.
- Lost Wages: If your injuries kept you away from work, you’ve already paid a price. Your lost income is real and should be repaid in full.
- Loss of Earning Capacity: If your injuries have made it difficult or impossible to return to your previous job or career path, your settlement must reflect that lifelong shift.
Non-Economic Damages: Some accidents result in emotional and psychological impact.
- Pain and Suffering
- Emotional Distress
- Loss of Companionship
- PTSD and Trauma
Punitive Damages: In cases where the at-fault driver acted with clear malice, recklessness, or intentional harm, like driving drunk or fleeing the scene, California law allows you to seek punitive damages. This damage holds wrongdoers accountable in a way that prevents others from suffering the same fate and helps restore your sense of justice.
Every accident is different. And the reality is, without the right legal guidance, you could walk away with a fraction of what your case is worth, leaving you to cover future expenses and emotional wounds alone.
A dedicated car accident attorney will fight for every dollar, every detail, every part of your healing, so you’re not just moving on, but moving forward with strength, dignity, and the support you deserve.
What Happens If a Loved One Dies in a Car Accident?
Losing someone you love in a car accident is one of the most painful experiences a family can endure. While no amount of compensation can ever replace what was taken, the law does provide a way for families to seek justice and regain some financial stability through a wrongful death claim.
This legal action allows you to recover for:
- Funeral and burial expenses
- The loss of income and support that your loved one would have provided
- The emotional pain of losing their companionship, love, and guidance
Moreover, if your loved one suffered before passing, your family may also pursue a survival action. This focuses on the pain, medical bills, or losses the deceased experienced between the time of the crash and their death, compensation they would have been entitled to if they had survived.
Most auto accident attorneys like us often combine both wrongful death and survival actions into a powerful case strategy, ensuring that your family receives the full measure of justice you deserve.
What Does a Car Accident Lawyer Do, and Why Do I Need to Hire One?
After a car accident, it’s easy to think that letting the insurance company handle things is enough. They may even offer a fast settlement that covers your immediate needs, like car repairs or an ER visit. But behind that quick offer often lies a harsh reality: they’re hoping you’ll accept less than what you truly need to heal and move forward.
That’s where lawyers who handle car accident claims come in. They ensure your pain is fully recognized. Because your case is about your life, your peace of mind, and your future.
Here’s how the right attorney can protect your rights:
- Legal Guidance with Heart: They know how to handle California’s legal system, cut through red tape, and protect your rights every step of the way.
- A True Value Assessment: Your lawyer calculates what your case is worth, from lost wages to ongoing pain, emotional trauma, and future care.
- Powerful Negotiation: Insurance companies have trained adjusters on their side. You deserve someone just as skilled at fighting for what’s fair, not what’s fast.
- Peace of Mind: Stress shouldn’t be your burden after an accident. Your lawyer handles all the paperwork, deadlines, and phone calls so you can focus on healing.
- Courtroom Representation: If negotiations fall short, a seasoned trial attorney ensures your story is told and heard in front of a judge and jury.
While you’re not legally required to have lawyers for a car accident claim, the reality is that insurance companies have their own interests and they’re not yours. Having a dedicated car accident attorney levels the playing field and gives you the best possible chance at receiving the compensation you truly deserve.
I Can’t Afford to Hire an Attorney. Can I Still File a Car Accident Claim?
Yes, you absolutely can. And you should never let the fear of legal costs stop you from fighting for what’s right.
We believe that justice should never come with a price tag. That’s why many personal injury lawyers, including us, work on a contingency fee basis. That means you don’t pay a single dollar out-of-pocket unless we win your case. No hourly fees. No surprise bills. We don’t get paid unless you do.
Most law firms also offer free consultations, because everyone deserves to understand their legal rights, without financial pressure or obligation.
The Law Offices of Larry H. Parker has experience and knowledge in dealing with car accidents. We have a 50-win track record and will fight for the rights of more clients who need an expert in pursuing what is right.
Whether you’re unsure if you have a case or just need guidance on your next step, we’re here to listen, advise, and support you.
You’ve already been through enough. Let us carry the legal burden for you. Contact us at 800-333-0000 or fill out our contact form and take the first step toward recovery with confidence, knowing you won’t owe us a thing unless we secure the justice and compensation you deserve.
What Our Clients Say About Us
Our clients’ words speak volumes. They trust us to handle their cases with the seriousness and dedication they deserve:
“For me, Larry H. Parker handled my case professionally and expeditiously. They did all they could to procure the maximum amount of what was due/available to me. They even got a slightly higher percentage than they promised. Thanks.” Stephen M.
Frequently Asked Questions About Car Accident Claims
We understand that navigating an accident claim can be confusing. To help, we’ve compiled answers to some of the most common questions we receive. These insights can help you better understand your case and next steps:
- 6 Things To Consider When Calculating Personal Injury Settlements
- Who is Liable for a Car Accident with an Unlicensed Driver?
- California Car Crashes with Vision-Impaired Drivers: Who is Liable?
- Who’s Liable for a California Car Crash When Another Car Cuts You Off?
References
comparative negligence | Wex | US Law | LII / Legal Information Institute. (n.d.). Legal Information Institute. Retrieved April 17, 2025, from https://www.law.cornell.edu/wex/comparative_negligence
Leefeldt, E. (n.d.). How To File A Car Insurance Claim. forbes.com. https://www.forbes.com/advisor/car-insurance/car-accident-insurance-claim/
Statute of Limitations. (n.d.). courts.ca.gov. https://www.courts.ca.gov/9618.htm?rdeLocaleAttr=en#:~:text=A%20statute%20of%20limitations%20is,is%20not%20valid%20any%20longer.
