Car Accident Attorney

Car Accident Attorney in San Diego, CA

Car accidents happen far too frequently on San Diego’s roads. They range from minor dents and scrapes to totaled vehicles that are hardly recognizable as automobiles. The stress, pain, hassle, bills, and utter chaos that car accidents leave in their wake can be difficult to bear, even for the most relaxed driver on the road.

The good news, especially in an area where good news can be hard to find, is that there is hope, by securing a knowledgeable San Diego car accident lawyer. When you have a car accident lawyer in San Diego who understands the laws involved in these kinds of accidents, the pitfalls and concerns that often play out in these cases, and the wherewithal to help you interpret what has happened and what is next, you know you are in good hands.

How Can a Car Accident Attorney in San Diego Help?

Although your lawyer may not be the first person you think of after you have been in an accident, there is a good reason to make contact with them as quickly as you can. Granted, you may not think you are in the right frame of mind to discuss insurance claims, damages, and exactly what happened. Truthfully, however immediate contact with your San Diego auto accident attorney is entirely in your best interests.

So why should you call your attorney right away? There are a number of things with which they can assist you. Their know-how can be quite helpful when you have sustained injuries or said goodbye to your once beloved car.

Your Car Accident Lawyer In San Diego Can Help You

• Negotiate with your insurance company to find out exactly what is and is not covered
• Communicate with the other party’s insurance company to make sure their reports match what actually occurred
• Collect evidence that determines who is liable for what
• Coordinate with medical providers to ensure you get the right care for your health and your case
• Compile requisite financial, medical, and auto records
• Consult with agencies who may be holding liens on your assets so those lien amounts can be reduced.

What Types of Compensation Can a Lawyer Help you Recover After an Auto Accident?

There are three types of compensation your San Diego car accident attorney will be able to help you recover.

Physical Health-Related Expenses

This type of compensation deals with the medical care you will need, even if you do not think you do. Establishing a baseline of your physical health is very important, as it can and will guide future treatment and help to determine what may or may not be related to your car accident. The costs of pain and suffering are included here, as well.

Financial Health-Related Losses and Expenses

Chances that you will not be able to go to work, no matter how long that period lasts, are high. Your San Diego car accident lawyer can help you recoup at least some of your lost wages, as well as those you are likely to lose in the future. In addition, you should be able to receive reimbursement for any out-of-pocket damages you have obtained as a result of your accident.

Vehicular-Related Costs

Your qualified car accident attorney in San Diego will be able to guide you through your car insurance claims, as well as any repairs you may need. If your car is beyond repair, your attorney can help you negotiate car rentals, as well as auto replacements.

How Soon Should I Contact an Attorney After a Car Accident?

Contacting your lawyer as soon as possible after an accident may not seem particularly intuitive, but it should be. While you deal with the attendant shock, damage, and pain of your accident, your lawyer can put their knowledge, objectivity, and skills to good use. The Law Office of Elliott Kanter are who you should call if you are ever in a car accident in San Diego.

Car Accidents FAQs

What Should You Do Immediately Following an Auto Accident?

Being involved in an auto accident can be scary, but knowing what to do after an accident can help you stay calm and ensure that all details are properly documented. 

After an accident, you should immediately call 911 to report the incident and request medical assistance if you, a passenger, or someone else has been injured. You should not leave the accident scene until it is appropriate to do so. Remember to ask for the names, contact, and insurance information of the other parties involved in the accident. This is also the time for you to document the scene of the accident. 

Additionally, you should report the accident to your insurance company as soon as possible. 

What Information Do You Need to File a Claim?

To file a successful car accident claim in San Diego, you will need to gather evidence that clearly shows the details of the accident. This evidence is crucial in building a strong case and proving fault or liability. If you intend to file a claim, we encourage you to speak with our lead auto accident attorney, Elliott Kanter. Kanter can help you organize the following information to support your claim:

• Details of the accident, including the date, location, and time of the accident
• Police report and other official documents
• Contact information of any witnesses
• Contact details and policies of the insurance company
• Pictures and video of the accident scene
• Medical records, including diagnosis, exams, treatments, and expenses for medical treatments
• Proof of lost wages and other damages due to the injury

Do You Have to Go to Court If You File a Claim?

The Law Office of Elliott Kanter can help settle your auto accident claim through negotiation with the insurance company. However, not all insurance companies are willing to offer a fair settlement. Some insurers may want to rush you through the process to grant as little compensation as possible.

In this case, litigation might be the best option. Lead attorney Elliott Kanter can help take your accident claim to court and fight on your behalf. Kanter’s goal is to ensure you obtain the full value of your claim to restore your life.

Can You Still Recover Damages If You Were Not Wearing a Seatbelt at the Time of the Accident?

California Vehicle Code Section 27363 mandates that all passengers who are 16 years old or older and all drivers must wear a seatbelt when a vehicle is in motion. However, the law does not apply to all passengers in private vehicles. There are a few exemptions to this law, such as passengers in commercial vehicles, passengers with certain medical conditions, and passengers in certain types of vehicles, such as classic cars or buses without seat belts. 

Nonetheless, you can still recover damages even if you were not wearing a seatbelt during the accident. The fact that you failed to buckle up will not necessarily be used against you in a court of law. You may still be able to recover damages for your injuries and losses.

Since California is considered a comparative state, your compensation will be reduced by your portion of the fault. In addition, if the other party can prove that not wearing a seatbelt contributed to your injuries, your settlement will be reduced significantly. Finally, failing to buckle up can also attract a ticket from the police at the scene of the accident.

What If the At-Fault Driver Doesn’t Have Car Insurance?

If the at-fault driver doesn’t have car insurance, you may be able to pursue a claim through your own insurance company if you have uninsured motorist coverage. In California, insurance companies are mandated to offer this kind of insurance, which is meant to cover the costs of physical injuries if you are involved in an auto accident with a driver who doesn’t have car insurance.

Uninsured motorist covers in California have two categories:

• Uninsured Motorist Property Damage (UMPD): This is an optional insurance policy available in some states, including California, that provides coverage for car accidents whereby the driver has no car insurance. The coverage pays for the repair of your vehicle and other damages resulting from the accident. However, uninsured motorist property damage coverage is limited to 3,500 dollars and only compensates after the identification of the uninsured driver.
• Uninsured Motorist Bodily Injury (UMBI): This type of auto insurance protects you when you are involved in an accident with a driver that doesn’t have car insurance or a hit-and-run driver. UMBI pays for your lost wages, medical bills, and other related expenses.

What If The Accident Was Partly My Fault?

Even if you think the accident was partly your fault, you should not accept any blame because there are usually multiple factors involved. You should talk to your attorney to understand how much you contributed to the accident.

Your attorney will investigate the accident, and if you share fault, you may still be able to claim damages. In California, anyone found to be liable for a car accident is responsible for their portion of the fault. An attorney will help determine whether you are entitled to coverage or compensation.

Why Should I Call a San Diego Auto Accident Attorney?

San Diego auto accident attorney, Elliott Kanter, has served auto accident victims in and around California for over four decades. If you have been injured in an auto accident due to another person’s fault, he will help you pursue the compensation you deserve.

Contact The Law Office of Elliott Kanter at (619) 231-1883 to schedule a free consultation and discuss your case with our San Diego attorneys.