WHAT TO DO WHEN YOU HAVE BEEN IN AN ACCIDENT

• Call 911 or call the police if there are injuries. Remember, all parties have a legal obligation to exchange contact and insurance information.
• Obtain names, addresses, telephone numbers, and driver's license numbers from all drivers.  
• Obtain license plate(s) and vehicle identification numbers.  Ask to see driver's license(s) and vehicle registration(s) to verify the information is accurate. 
• Obtain names, addresses, and telephone numbers of other passengers and any witnesses. 
• Take photographs of the damage, and the accident scene (traffic controls, visual obstacles). 
• Notify your agent and/or your insurance company immediately.  
• If anyone is injured or the vehicle damage exceeds $750.00, you must report the accident to the Department of Motor Vehicles within 10 days. Failure to notify the DMV may result in the suspension of your driver's license. 
• Seek medical attention 
• Do not talk to the Defendants insurance 
• Obtain a repair estimate for your vehicle or bike 

Can I Get My Car Fixed 100%? 

Get your car fixed 100% to it’s pre-accident condition or get paid it’s full market value, if the cost to fix it is more than the market value (a “Total Loss”).  This is a decision that insurance company is allowed to make. 

Can I Choose My Own Body Shop? 

You do not have to accept the adjuster’s estimate of repair or go to the shop the insurance company tells you to go to. You do not need to contact more than one shop for an estimate. You legally have the right to choose the body shop.

What About Estimates? 

Repair shops are required to present you with a written estimate and a detailed invoice for all the repair work and parts needed BEFORE they do any work on your car.  If they don’t supply you with one then request it.  If they refuse, then take your car to a different shop. 

Can I Get My Replaced Parts Returned? 

Yes, if requested it at the time a work order is placed. 

Where Can I Report Problems? 

Report problems with your body shop to the State of California, Bureau of Automotive Repair at 1-800-952-5210 

What About Claim Damages for Medical Expense? 

You have a legal obligation to treat your injuries with reasonable and necessary medical care. 

What About Claim Damages for Lost Income or Wages? 

Even if you receive paid sick leave from your job, you are entitled to these damages – you work hard for these types of benefits and you have the right to be fully compensated for them. 

What About Claim Damages for Pain and Suffering? 

These damage are related to the nature and extent of your injuries and the amount of medical treatment you receive. There is not a  “formula” that is used to calculate them, because everyone’s injuries and pain are unique. 

What About Claim Damages for Other Out-of-Pocket Losses? 

You can claim damages for certain other out-of-pocket losses that are directly related to the accident.

Do I have to give a written or recorded statement to the other party’s insurance company? 

No – It is not required by law and can be used against you by the insurance company. 

Do I have to sign medical releases for the other party’s insurance company? 

No.

What happens if the other car and driver are uninsured? 

If you have uninsured motorist coverage in your auto policy you are still protected. Make sure your policy includes uninsured motorist coverage. 

Can I go to any doctor I want? 

Yes. The choice of care providers is yours and we can help you find a doctor. 

Can I take time off from work? 

If medically necessary, yes, but your doctor must authorize this in writing – that will help you receive fair compensation. 

Will I have to go to court? 

Probably not, if you retain a qualified accident attorney who knows how to negotiate an out-of-court settlement for you. However, some cases require litigation and we are ready to go to court for you.