Maison Law Accident and Injury Lawyers of Fremont can answer your questions when you’re hurt in a car accident. Any car accident raises questions, but the biggest one is usually about fault–also known as liability. Even in situations that seem straightforward, figuring out liability can be complicated. Our team of Fremont car accident lawyers is here to help. Contact us today for a free consultation.
How Do Insurance Companies Know Who’s At-Fault After a Car Accident?
When you’re in a car accident, you’re probably not thinking about your legal options right away. But the reality is that you have rights when you’re hurt, but it’s all about figuring out who’s at-fault. This is because fault tells you who’s responsible for your “damages,” or losses.
And to figure that out, insurance companies are stuck with what the law tells you: that you need to show “negligence.” Negligence in a car accident means showing:
- The other driver had a duty to follow traffic laws and drive responsibly.
- They failed to meet this duty due to careless or reckless behavior.
- Their actions directly caused the accident.
- You were injured and suffered losses as a result.
While certain kinds of accidents often point to their driver being at fault, other factors can complicate this. Moreover, fault isn’t always limited to just the other driver–it can be shared among:
- Pedestrians or passengers – If someone suddenly stepped into traffic or distracted a driver, they may share responsibility.
- Vehicle owners – If poor maintenance, such as faulty brakes or broken lights, contributed to the accident, the vehicle’s owner might be liable.
- Car or parts manufacturers – If a defective vehicle part caused or worsened the crash, the manufacturer or seller could be held responsible.
- Government agencies – If hazardous road conditions or malfunctioning traffic signals played a role, the local government may be liable.
In Fremont, you have the right to file a claim against anyone who contributed to the accident. While this can make the insurance process more complex, it may also help you recover the full financial support you need to get better.
What Are Your Options After a Car Accident in Fremont?
Car accidents can leave you dealing with major financial, physical, and emotional losses–especially when the accident itself wasn’t your fault. Unfortunately, the process of recovering financial support isn’t always straightforward–and worse, an insurance company is going to try to do whatever it can to reduce its level of fault and liability.
But again, there’s a claims process in place. Although insurance companies often make this harder than it should be, you generally have two options for getting financial support:
- Insurance claim – This is handled outside of court and can be faster, but again, insurance companies control the process. They often try to pay as little as possible, regardless of how strong your claim is.
- Lawsuit – If an insurance settlement isn’t fair, taking your case to court may lead to higher compensation. While it takes more time, a judge or jury—not an insurance company—decides the outcome.
The damages you can recover depend on the details of your accident and who is at fault. Under California law, you may be able to recover costs for your:
- Medical expenses
- Car repair or replacement costs
- Lost wages and future earnings
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Wrongful death expenses (if applicable)
Filing a claim is essential for your recovery, but understand that California law sets a two-year deadline for filing a claim. If you miss this deadline, you could lose your right to get damages at all.
How Can You Protect Your Car Accident Claim Against the Insurance Company?
Just because you have the right to file a claim doesn’t mean you’ll automatically get full damages. Insurance companies often look for reasons to deny or undervalue claims by saying that you didn’t do the right things or respond to the accident in the right way. So, taking the right steps after the accident can help protect your claim and get fair damages. So, here’s what you can do:
- Call 911 – Check for injuries and get medical attention immediately. Request police to document the scene and clear the road to prevent further accidents.
- Exchange information – Get the names, contact details, and insurance info of all involved drivers. Witnesses can be valuable, so collect their contact information as well.
- Gather evidence – If it’s safe, take photos and videos of vehicle damage, injuries, road conditions, and traffic signals.
- Watch what you say – Be cautious when speaking to police or insurance adjusters. Stick to the facts and never admit fault, as insurers can use your words against you.
Your safety and health should always come first, but taking these steps can strengthen your claim and help protect your claim. From there, you can reach out to our team for guidance and support.
How Can Maison Law Accident and Injury Lawyers of Fremont Help After a Fremont Car Accident?
With so many drivers on Fremont’s roads, accidents happen every day. Whether you need a lawyer depends on the severity of your accident, but dealing with insurers can be frustrating even in minor crashes.
That’s where we come in. Our experienced lawyers focus on protecting your rights and making insurance companies play fair. We can help you in this situation by:
- Explaining your legal options and next steps
- Investigating the accident to figure out who’s at-fault
- Collecting evidence to support your claim
- Negotiating with insurance companies and opposing lawyers
- Guiding you through the claims process, whether it’s an insurance claim or a lawsuit
At Maison Law Accident and Injury Lawyers of Fremont, we put your needs first. We offer free consultations and work on a contingency fee basis, meaning you don’t pay anything up front. Contact us today to get started.