personal injury attorney what to do if rear ended in ca

by Melody Graham Published 3 years ago Updated 2 years ago 4 min read

Re: Passenger in car that was rear ended Call a personal injury attorney recommended by someone you know, tell him or her about the offer, and see what happens. If they're offering 30K, it's because they think you could get much more.

Full Answer

What is the average payout for a rear end collision in California?

Average Settlement For Back And Neck Injuries In A California Car Crash. The average settlement for a minor back or neck injury is between $2,500 and $8,000. If physical therapy, injections, or other forms of treatment are required the settlement may be higher and range from $20,000 - $40,000.Dec 16, 2020

What to do when you get rear ended in California?

A. STOP Immediately and move only if it is safe to do so.

Call 911 if there are injuries.
Call the police. ...
Obtain names, addresses, telephone numbers, and driver's license numbers from all drivers.
Obtain license plate(s) and vehicle identification numbers.

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What is the average settlement for a car accident in California?

around $21,000

Average Car Accident Settlement in California

Data from across the United States reflects that most reported cases generally settle for between $14,000 and $28,000. The average is around $21,000.

What is the average personal injury settlement in California?

The median California disc injury verdict was $84,550 compared to the national average of $50,000. The average award is likely much higher. But we do not have a statistic for it.Dec 12, 2021

Do insurance companies report accidents to DMV California?

The short answer is “no.” Insurance companies do not report accidents to the DMV.Aug 28, 2021

What do I say to my insurance when I rear end someone?

Tell the police what happened, and be honest. While it may be tempting to make excuses or leave out some details, these inconsistencies can come to light later and impact your liability for the accident. Explain exactly what occurred. Make sure you swap insurance information with the person you hit.Mar 13, 2019

How much are most car accident settlements?

Average Auto Accident Settlement Amounts

$10,000 to $25,000 for minor injuries (soft tissue damage or whiplash)
$50,000 to $75,000 for long-lasting injuries that require surgery or physical therapy.
$75,000 to $100,000 for spinal injuries (not resulting in paralysis)

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How are personal injury settlements paid?

Settlement Payment Options: Lump Sum vs.

Often, injured people can choose between a one-time, lump sum payment or multiple scheduled, structured payments. Both options will most likely be tax-free, though if you earn money on investments made with settlement money, you will owe the IRS taxes on those earnings.Jan 10, 2022

How long does an insurance company have to settle a claim in California?

California law gives insurance companies 15 days to acknowledge a claim. After that, they have 40 days after receiving documentation to accept responsibility or deny the claim. Payments for settlements have to be issued within 30 days of accepting the settlement.

How is pain and suffering calculated in California?

California doesn't have a set formula for calculating pain and suffering. In order to recover damages for pain and suffering (including mental distress and other economic damages), the plaintiff must prove that they suffered this harm or are certain to suffer in the future as a result.

What is the average slip and fall settlement in California?

While the average cost of a slip and fall injury is somewhere between $30,000-$60,000, slip and fall cases in California have known to settle for hundreds of thousands – and even millions – of dollars, based upon the severity of the injury, the extent of the negligence on the part of the premises owner, and the quality ...

How a car accident affects your life?

They can cause emotional damages as well. A person who is involved in a car accident may have fears about getting in a car again, may suffer from post-traumatic stress disorder (PTSD), or may develop other emotional problems, such as depression, due to injuries, financial losses, and more.

What is rear end injury?

One of the most common injuries that rear-end accident victims sustain is whiplash, which is a non-medical term referring to a variety of neck and spinal injuries. These injuries can cause long-term pain and discomfort, and may even keep someone from working for an extended period. Sometimes, however, whiplash symptoms do not develop ...

What does an experienced car accident attorney do?

An experienced car accident attorney will be able to review the circumstances of your incident and determine whether you have a claim. Importantly, both drivers who were rear-ended and those who rear-ended another driver may benefit from the assistance of an attorney. In either circumstance, a driver who is able to show ...

What is rear end accident?

Rear-end accidents are one of the more common types of injury-causing accidents that may occur. In a rear-end accident, one vehicle hits the rear of the vehicle in front of it, often with little or no warning to the driver of the car in front.

Is the driver of a car that rear-ends another vehicle always at fault?

You may have heard that the driver of a vehicle that rear-ends another vehicle is “always at fault” or “presumed to be at fault” for a rear-end accident. While this presumption exists in many states, it is not the case under California law. That being said, in practice the rear driver does in fact tend to be found at fault in most rear-end ...

Why do rear end collisions happen?

There are many other reasons a rear-end collisions may occur, some of which may implicate negligence on the part of one of the drivers or another party . An experienced car accident attorney will be able to review the circumstances of your incident and determine whether you have a claim. Importantly, both drivers who were rear-ended ...

Who is able to establish liability on the part of the other driver?

In either circumstance, a driver who is able to show that he or she was driving reasonably or had no opportunity to avoid an accident may be able to establish liability on the part of the other driver.

How often do people get injured in a car accident in California?

In fact, a person is injured in a motor vehicle collision every 2 minutes and 20 seconds in California, according to data provided by the California Highway Patrol. In most cases, these accidents occur due to a driver’s negligence, and victims are able to recover for their losses by bringing a personal injury claim.

Is it a minor accident if you rear end someone at a low speed?

Even if you were rear-ended at a low speed, there's no such thing as a truly minor accident. It's important to call the police and have them investigate. The official police accident report will become a key piece of evidence in your claim. In addition, get contact information for witnesses, and take pictures of the scene and any visible injuries.

What can an experienced attorney do for you?

An experienced attorney can protect your rights and deal with the insurance company while you focus on healing. We'll investigate what happened and advocate for the full amount of compensation you deserve for your rear-end accident.

Do you need to inform your insurance company of an accident?

You need to promptly inform your insurance company that you were in an accident. However, you don't need to speak to them in detail. Give them a brief summary of what happened and decline if they ask you to give a recorded statement (remember, that could be taken out of context and used against you later).

Check for Injuries

Pause a moment as the dust settles and assess yourself. How do you feel? Are there obvious signs of injury? If you are able to do so, once you determine your own injuries, check on any others involved in the accident. If you discover that someone is injured and you are able to offer help, do so with that person’s permission.

Call 911

Once you have rendered assistance to anyone injured, call 911. The operator will ask for specific information, including your name, your location, the number of vehicles involved, and if anyone is hurt. Provide factual information and avoid exaggerations or opinions.

Take Pictures

Take pictures of vehicles, the roadway, and the surrounding area. When taking pictures of vehicle damage, be sure to get close-ups and wide-angle shots. Be sure to take photos of other vehicles involved as well. It’s better to take too many pictures than too few so snap away.

Secure a Copy of the Police Report

The police will investigate the scene when they arrive. They will ask those involved for their personal and contact information, take their own photos, and may take measurements. Officers will gather any evidence they deem pertinent in order to construct an accurate account of the incident.

Contact Your Insurance Company

Most insurance companies require you to report an accident within a specific time frame. The New York no-fault claims system, for instance, requires you to file a notice of a claim within 30 days.

Reach Out to a Long Island Car Accident Attorney

You are not required by law to have an attorney file a claim for you, but it is almost always in your best interest to do so. An experienced car accident attorney understands the nuances of personal injury law and will not make the same mistakes you might when negotiating with an insurance company or filing a claim in court.

Fighting For You In Long Island

At TonaLaw, we can settle with the insurance company or take your claim in front of a judge and jury if it becomes necessary. We will do whatever it takes to secure fair and equitable compensation on your behalf. We are here and ready to help you and your family during this trying time. We promise to work with you and fight for your legal rights.

Do You Live In An At-Fault State?

Before you do anything else, it’s important to understand how your state handles car accidents. Most states operate under an at-fault system, in which the insurance carrier of the driver who is responsible for causing an accident is responsible for the cost of property damage and injuries sustained in an accident.

Who Is At Fault In a Rear-End Collision?

If you live in an at-fault state, determining who was responsible for the accident is crucial. In the majority of cases, the driver who rear-ended you will be deemed at fault for the accident. This is because cars are required by law to keep a safe following distance from the cars in front of them.

How Do You File A Rear-End Collision Insurance Claim?

Regardless of whether or not you choose to seek out the help of a car accident lawyer, you will need to file a claim with the at-fault driver’s insurance.

How Much Will A Rear-End Collision Settlement Be?

There are too many factors to give a truly accurate estimate of what you can expect in terms of a rear-end collision settlement.

How Can You Be Sure Whether You Need an Accident Lawyer?

The best way to determine how much a car accident attorney can actually help you is to arrange a consultation with an experienced personal injury law firm. At Lerner and Rowe Injury Attorneys, we offer all prospective clients with a free case review to help accident victims understand all their legal options and make an informed decision.