Best Car Accident Lawyers in Encinitas

FAQs

• What is the non-emergency contact number for the local police station in Encinitas, California?

  760-966-3500 is the non-emergency contact number for the Encinitas Police Department.

• Where can I get a copy of police reports for incidents related to my case in Encinitas, California?

  You can obtain a copy of your traffic collision report in Encinitas from the California Highway Patrol (CHP) office. Download the CHP 190 Form at https://www.chp.ca.gov/EnforcementAndPlanningDivisionSite/Documents/CHP190.pdf and fill out the necessary details. You can submit the request form in person or by mail at your local CHP office. Fees for the collision reports depend on the page count, ranging from $10 to $40.

• What types of damages can you recover if you are a car accident victim in Encinitas?

  If you or your loved ones become seriously injured in a car accident in Encinitas, you are entitled to compensation for economic and non-economic damages. Economic damages include past and future medical bills, lost wages, reduced earning capacity, and other out-of-pocket medical-related expenses. Meanwhile, non-economic damages include emotional distress, disability or disfigurement, loss of enjoyment of life, and loss of consortium.

• What are the most common causes of car accidents in Encinitas?

  The most common causes of car accidents in Encinitas are distracted driving, dangerous road conditions, drunk driving, speeding, mechanical failure, and defectively manufactured parts.

• How long can you file a personal injury claim after a car accident in Encinitas?

  According to California state law, you must file a personal injury lawsuit against the negligent driver in Encinitas two years after the car accident. However, suppose the negligent party is a public entity, such as a city vehicle, a trash truck, or government transportation. In that case, you must file the claim within six months of the car accident. Failure to meet these deadlines could lose your chance to recover compensation for your injuries and losses.

• Can you recover damages if you are partly responsible for a car accident in Encinitas?

  You can recover damages even if you are partly at fault for a car accident in Encinitas. However, due to California's comparative intelligence approach, your compensation will be reduced based on the percentage of your responsibility for the car accident. For instance, if the court believes you are 20% responsible for the crash, you will receive only 80% of the total compensation.

• Should you speak to an insurance adjuster after a car accident in Encinitas?

  If you have been involved or seriously injured in a car accident in Encinitas, you are strongly advised not to speak to an insurance adjuster without the presence of your car accident lawyer. The insurance adjusters of at-fault parties will work diligently to ensure that you receive unfavorable compensation for your losses and injuries caused by the accident. They can also use the statements you made against them during litigation.

• How do I choose a car accident lawyer?

  To select a car accident lawyer, consider the lawyer's experience, focus, and reputation. While nearly any attorney can negotiate with insurers for a settlement, not all attorneys have amassed experience litigating a claim in a court of law. Choose an attorney with a background that includes car accident claimants; it's helpful if the attorney is focused on personal injury law. Lastly, read reviews from previous clients to get a feel for the attorney's helpfulness and responsiveness to clients. The best lawyer for your case is one that you feel comfortable and confident working with.

• What steps should I take after a car accident?

  Immediately following a car accident, get out of traffic as soon as possible and dial 9-1-1. Exchange car insurance information with any other involved drivers and get a police report as soon as possible. Be truthful about what happened, even if you are at fault, but stick to reporting the facts of the accident without offering an opinion on who is to blame. If possible, take photos of your car, other cars at the scene, and the scene itself.

• (When) Do I need a lawyer after a car accident?

  Start working with a car accident lawyer as soon as possible following your car accident (some attorneys even make hospital visits). By reaching out for legal help early on, you avoid some of the pitfalls of trying to handle your claim on your own. Your attorney can also get the ball rolling on reimbursement for your medical bills and lost wages while awaiting the outcome of your claim.

• How long after a car accident can you claim an injury?

  The length of time you can file a claim for an injury following a car accident is governed by the statute of limitations in your state. Although it varies, most states set the statute of limitations for injured parties to seek compensatory damages at three years following the accident or three years after you discover your injuries. In cases where children are injured, the statute of limitations may be longer.

• What do I do after a car accident that I'm not responsible for?

  After an accident that's not your fault, seek immediate medical help if you are injured. Once it's safe to do so, obtain the other driver's contact and insurance information, any statements from witnesses, and photos of the scene. Obtain a police report and contact your insurer and the at-fault party's insurer. If you are injured, schedule a consultation with a car accident attorney to discuss your legal options.

• What happens if someone sues you after a car accident?

  If you have car insurance in force at the time of the accident, your insurance is contractually bound to represent you on any claims that arise, indemnifying you against loss up to the limits of your policy. You can help your insurance company by cooperating fully. If the plaintiff in any lawsuit obtains a judgment above your policy limits, then you can be held personally responsible for any damages awarded.

• What/how much can I expect from a car accident settlement?

  According to the Insurance Information Institute, the average bodily injury claim in 2018 was $15,785. The amount of any particular car accident settlement hinges primarily on the severity of the injuries sustained as a result and whether or not any partial or total permanent disability was caused by the accident. Claims that involve broken bones or nerve damage likely settle for more than claims where soft tissue injuries are present.

• How do I arrange a rental car after an accident?

  To arrange a rental car after an accident, first consider whether your insurance or the other party's insurance will be paying for the rental. If another driver is found to be at-fault for the accident, that driver's insurance may pay the costs. If you are responsible, your insurance may pay if your policy covers such expenses. Speak with your insurance adjuster to determine if you have benefits available.

• How long does it take for car insurance to go back down after an accident?

  Post-accident rate spikes can last anywhere from three to five years, depending on your insurer. However, if damages incurred during the accident are less than $2,000, your rate may not go up at all. Three years is typical for collision and property damage claims. Five years is not uncommon in accidents involving bodily injury claims, DUI or DWI, reckless driving, or serious violations at the time of the accident.

• How to settle a car accident claim without a lawyer?

  To negotiate a car accident settlement without a lawyer, you'll have to prove that the other party was to blame for your damages. Gather evidence at the scene to support your claim, including witness statements and photos. Seek medical treatment for your injuries immediately. Notify the other driver's insurer of your intent to file a claim. If you reside in a no-fault state, you will need to use your personal injury protection (PIP) benefits first before filing a claim against the other party for medical expenses and bodily injury. Be prepared with medical records, police reports, receipts for out-of-pocket accident-related costs, and proof of lost income due to the accident before beginning negotiations.