Accident Victim Rights
Were you a victim of a car accident? Know exactly what you are entitled to under California law. Don't let insurance companies deny you the compensation you deserve.
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Your Fundamental Rights
- Right to immediate medical care
- Right to full financial compensation
- Right to legal representation with no upfront costs
- Right to reject unfair settlement offers
- Right to sue the responsible party
- Right to refuse speaking with insurance adjusters
What Am I Entitled to as a Car Accident Victim?
If you have been a victim of a car accident in California, the law grants you important rights that protect your physical, emotional, and financial well-being. Knowing these rights is the first step toward obtaining the fair compensation you deserve.
Important
Insurance companies will try to minimize or deny your rights. Do not sign anything or accept offers without first consulting with a personal injury lawyer.
Compensation for Medical Expenses
You have the right to have all your medical expenses paid: emergency care, surgeries, rehabilitation, medications, and future treatments related to your injuries.
Lost and Future Wages
If the accident prevents you from working, you have the right to recover lost wages, including bonuses, commissions, and loss of future earning capacity.
Pain and Suffering
The law recognizes your right to compensation for physical pain, emotional trauma, anxiety, depression, and reduced quality of life.
Property Damage
You have the right to full repair or replacement value of your vehicle, plus any personal property damaged in the accident.
California Laws That Protect Victims
Pure Comparative Negligence
California applies the pure comparative negligence rule. This means you can recover compensation even if you were partially at fault for the accident. For example, if you are found to be 20% at fault, you can still recover 80% of your total damages.
Statute of Limitations
In California, you have 2 years from the date of the accident to file a personal injury lawsuit. For claims against government entities, the deadline is only 6 months. It's crucial to act quickly to protect your rights.
Mandatory Insurance
California requires all drivers to carry liability insurance. If the at-fault driver has no insurance or insufficient coverage, your own UM/UIM policy may cover your damages.
How to Protect Your Rights After an Accident
- 1Seek immediate medical attention
Document all your injuries, even minor ones.
- 2Do not speak with insurance adjusters
Anything you say can be used to reduce your compensation.
- 3Preserve all evidence
Photos, videos, police reports, medical receipts, and witness information.
- 4Do not sign documents without a lawyer
Insurance companies may include hidden waivers.
- 5Contact a personal injury lawyer
The initial consultation is free and protects your rights.