How To Get Your Car Repaired After a Car Accident


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car after accidentIf you have been involved in a traffic collision and you are looking for some guidance in getting your vehicle repaired, this is the guide for you. The guide is divided into three sections.

  1. First Things First. Describes what to do at the accident scene and immediately afterwards.
  2. Getting Your Car Repaired by Your Own Insurance Company.
  3. Getting Your Car Repaired by The Negligent Party's Insurance Company.

This guide covers the more common situations encountered by not at fault drivers. It is based on California la and three decades of experience. It covers most but not all situations.

This guide does not cover issues of injuries and is not a substitute for legal advice. See the disclaimer at the end.*

If you were injured in a traffic accident, before you speak to any insurance adjuster or hire an attorney you may want to know the common mistakes people make when dealing with adjusters and attorneys. To help you, I have written the book, "The Seven Fatal Mistakes That Can Wreck Your California Personal Injury Claim." It is a quick read and easy to understand.

If you or a loved one has been injured in a traffic accident, I'll give you a copy free. Go to www.BestAttorneyBooks.com to order a free copy or to download a copy. In cases of serious, catastrophic or fatal injuries, I will provide the victims and their family members a free, confidential consultation. Call 800-956-0123 for a consultation.

If you were at fault in a traffic accident, your options are to have your insurance company pay for the damages to your car or pay them yourself. If you were injured in a traffic accident where you were at fault, a portion of your medical bills may be covered by your own auto insurance policy in the "Medical Payments" section.

First Things First

After a traffic collision, caring for the injured is the highest priority. Call 911 for medical assistance immediately if there are, or might be, injuries. Provide first aid up to your ability and knowledge. Do not attempt to move the injured unless failing to do so exposes them to imminent harm.

Call the police for an investigation and report of your collision. In cases of minor property damage and no bodily injury to people, the police may decline to come to the scene even if requested.

It may serve you well to do the following at the scene, even if the police are doing their own investigation:

  1. Take photographs of the accident scene. Is your mobile phone also a camera or a video camera?
    1. Take photos of damages to all vehicles and other property involved in the incident;
    2. Take photos that will show where the vehicles came to a rest and any impressions left on the roadway like skid marks or "scuffing";
    3. Take photos of the people involved; and
    4. Take video footage of the scene if you have the capability.

  2. Draw a simple diagram depicting the overall scene. Draw it at the scene if you can. Be as complete and accurate as you can. This will be a great help in positioning the photographs in relation to each other.
  3. Gather identification of people involved in the accident and any witnesses.
    1. Take their name and address from their driver's license, passport, or official government photo identification. Taking information directly from official identification prevents the providing of false and incomplete information. Such information may prove critical if there is any dispute regarding who is at fault or the amount of damage. It is common for at fault drivers to change their story after they leave the scene or for their insurance company to deny liability, if you cannot identify witnesses.
    2. Collect vehicle license plate numbers, even for the witnesses.

  4. Be careful of what you say at the scene. An apology at the scene of an accident can be used against you as evidence to indicate fault. You may be best off not making a statement to other involved parties or witnesses. You do, however, want to make note as to what everyone else at the scene said and did.
  5. If leaving your car where it is does not create a safety hazard, do not move your vehicle until the police have arrived. That way, the investigation officers can witness and evaluate the accident scene as completely as possible.
  6. Cooperate with any police investigation. Remain calm when speaking with the police and other parties involved in the accident. When giving your statement to the police on the scene:
    1. Answer only the questions you are asked;
    2. Be clear and concise;
    3. As a general rule, do not volunteer information you are not asked for; and
    4. Advise the police of any statements made by other parties that are helpful to your position.

  7. Report the accident to your own auto insurance company.
  8. What if your car is towed away from the scene of the accident and is it being stored at a storage facility? Make arrangements to get your car out of the storage facility as soon as possible. We have seen many people involved in accidents lose their car to the storage facility because the storage fees eventual exceeded the value of their car.
    1. If you have collision coverage, call your insurance company right away, tell your adjuster where your car is being stored, and sign all the documents needed to release the vehicle to them so that they can get your car out of the storage facility and have it taken to a repair facility;
    2. If you have liability coverage only, call the other party's insurance company right away and authorize the release of your vehicle to them so that it can be taken out of the storage facility and taken to a repair facility; or
    3. Make arrangements to get your vehicle out of the storage facility as quick as possible. Have it moved to a repair shop, your garage or parked at your home. The daily storage and the towing fees are outrageous. Keep the receipts to support your claim for reimbursement.

  9. Preserving Evidence. Your vehicle can be important evidence in a dispute regarding liability or causation of injuries after a serious injury accident. If you suspect that a defect of your vehicle (i.e., seat belt failure, air bag failure, tire failure, seat back collapse, rollover, etc.) caused the accident or contributed to the severity of your injuries, or the death of an occupant, you must preserve the vehicle. The vehicle itself may be your best evidence of a defect. Preserve the vehicle in the condition that it was immediately after the accident. That means no repairs can be made or parts removed.
    1. Tell your insurance company that your vehicle is evidence and that it needs to be preserved. Confirm your instructions to your insurance company in writing.
    2. Store your vehicle in a facility where it is protected from weather, tampering and parts removal.
    3. If you suspect that a problem with your vehicle caused or contributed to serious injuries, you owe it to yourself to immediately consult with a very experienced auto products liability attorney. See www.AutoDefectAttorneys.com.

What's next?

What you do next depends upon who is at fault for the accident and who has insurance. Generally, the quickest and easiest way to get your vehicle repaired is through your own auto insurance company assuming, you have collision coverage on your auto insurance policy.

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HOLDING WRONGDOERS ACCOUNTABLE FOR THE DAMAGES THEY CAUSE SINCE 1978

Governmental Claim: 6 Months Personal Injury: 2 Years
Minor's Injury: 2 Years After 18th Birthday Professional Negligence: 1 Year

Almost every state has a limit on the amount of time you have to file your claim. The laws that set this period is referred to as the "Statue of Limitations." Different states will have different limitations. Most courts will strictly apply the Statute of Limitations with very few exceptions.

 

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California Car Accident Lawyer Disclaimer:
The California car crash, bicycle accident, traffic collision, motorcycle accident, dangerous roadway condition, pedestrian accident, auto defect, truck accident, bus collision and personal injury information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Every accident is unique. Every client is unique. No action should be taken or refrained from taking based solely on the information contained herein. Anyone injured in a traffic collision should consult with a highly experienced and reputable traffic accident lawyer before taking any action.

Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Every case and situation is unique. Please contact a California Auto Accident Lawyer or Car Accident Injury Attorney for a consultation on your particular auto accident matter. This web site is not intended to solicit clients for matters outside of the state of California.

The California car crash attorneys and auto accident lawyers of BISNAR | CHASE are licensed to practice in California State Courts and various western Federal Courts. We have represented clients in many other states through our associations with law firms licensed in those states and with special court permission. When in our client's best interest, we employ local law firms (at no additional cost to our client) in other states to assist us with routine court appearances and discovery proceedings in their state to more efficiently pursue our client's cause.

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