California “At Fault” Accidents

MOET Law Group » California “At Fault” Accidents

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Every year, there are approximately six million car accidents in the US alone. That breaks down to an average 16,438 car crashes per day! With so many vehicles colliding, no matter how safely you drive, you’re likely to eventually be involved in an accident. If and when you find yourself involved in an automobile accident, make sure you know what steps to take to keep yourself safe and protect your interests. To help prepare you for this eventuality, we have assembled some tips and tricks for what you should do in the immediate aftermath:

  1. What will I need to prove property damage to my vehicle?

Take plenty of photos of the accident scene, including damage to all involved vehicles. This is the easiest way for your personal injury attorney to prove the degree of damage your vehicle sustained in the crash. If you are in the minority, not carrying a cell phone capable of taking pictures, you may want to invest in inexpensive digital or disposable camera to stow in the glove compartment of your vehicle. Even if you can’t immediately take photos (for instance, due to injury or traffic concerns), return to the scene of the accident and take photos later. Such images may help your insurance adjuster and legal representatives understand exactly what happened.

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2. What information should I gather?

Record the names and contact information of any witnesses. But be careful not to discuss the accident with them. What’s more, under no circumstances admit fault or apologize. (These actions could be misconstrued as an admission of fault). Wait until the shock of the accident dissipates so you can evaluate the circumstances along with your insurance adjuster and attorney. Also, write down everything you can about the accident as soon as possible:

  • Where and when the accident occurred,
  • The direction the vehicles were traveling,
  • The speed of each vehicle, if known,
  • Weather and traffic conditions,
  • What the driver was doing at the time of the accident (e.g., moving or stopped, on the phone, listening to the radio, etc.); and
  • Anything else that might help an adjuster understand what happened.

3. How does an insurer determine who was at fault?

Adjustors for each party independently examine available evidence, such as:

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  • The condition of their insured’s vehicle,
  • Police accident report (if any),
  • Videos of the accident (if any),
  • Photos of the accident scene (if any),
  • Photos of damage to the other vehicle,
  • Repair estimates,
  • The parties’ statements to the insurer,
  • Statements from witnesses, and
  • Information (if any) obtained from the other driver’s insurance company.
  • Each insurer will then issue a preliminary finding of fault. Remember, however, that this determination is not final and may even be wrong.

Comparative Fault Law
An experienced California accident lawyer can present the evidence to the insurer in the most favorable light. In some cases, the adjuster will use the data to reconsider the accident. California’s comparative fault law enables adjustors and/or the court to split blame for an accident between two or more parties. This means you could be entitled to partial recovery for losses even if you were partially to blame for a car accident in California.

4. What if repairs cost more than the estimate?

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5. What happens if my car is ruled a “total?”

In California, a vehicle is considered a “total loss vehicle” if the cost to repair it exceeds the actual cash value of the car. If your vehicle is “totaled,” the insurer may offer to reimburse you for a similar replacement car. More likely, they will offer to pay you Fair Market Value (up to your policy limit) minus any applicable deductible. If your vehicle has been financed and you owe more than the car is worth, “gap protection,” would ensure you receive enough money to pay off the vehicle. In some cases, you may need to haggle with the insurer or file an appeal to get them to agree to a reasonable “fair market value.”

About Moet Law Firm in Irvine and Ontario, California
In any and all cases, if you’re involved in a car accident, contact an experienced personal injury attorney such as Robert Moghadam or Nima Etemadian of MOET Law. We can help evaluate whether you may be eligible for compensation. Call MOET Law today 1 (866) 424-0789.

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If you’ve been injured, contact the personal injury lawyers at MOET Law Group today for a FREE no obligation consultation. Remember, we don’t get paid until you do!

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What Our Clients Are Saying

I highly recommend this law office. Nothing but transparency, open communication, and follow through occurred throughout my entire experience. Nima and Bobby were very knowledgeable in my case and were even able to obtain me a better outcome than I thought was even possible! Thanks guy I’m forever grateful for all the hard work and effort you guys put on my case.
Amir Jafari
I highly recommend this law office. Nothing but transparency, open communication, and follow through occurred throughout my entire experience. Nima and Bobby were very knowledgeable in my case and were even able to obtain me a better outcome than I thought was even possible! Thanks guy I’m forever grateful for all the hard work and effort you guys put on my case.
Amir Jafari
Amir Jafari
The attorneys at MOET Law are very knowledgeable and understanding. From my previous dealings with them, I know they take a personal approach to ensure every client receives the best possible resolution regarding their personal injury matter. Both Bobby and Nima operate on the foundation of integrity and hard work. I would highly recommend their services.
Christopher Allen
The attorneys at MOET Law are very knowledgeable and understanding. From my previous dealings with them, I know they take a personal approach to ensure every client receives the best possible resolution regarding their personal injury matter. Both Bobby and Nima operate on the foundation of integrity and hard work. I would highly recommend their services.
Christopher Allen
Christopher Allen
Our Company consulted with MOËT Law firm a couple months ago on issues that we had no legal answer to. His team was very professional and courteous and provided information that was key to our compliance business model. “ Look”, you want real , straight forward answers! Then call these guys and rest assured that they got your back and they will give you straight up answers without the song and dance.
Aficionado Cigar Company
Our Company consulted with MOËT Law firm a couple months ago on issues that we had no legal answer to. His team was very professional and courteous and provided information that was key to our compliance business model. “ Look”, you want real , straight forward answers! Then call these guys and rest assured that they got your back and they will give you straight up answers without the song and dance.
Aficionado Cigar Company
Aficionado Cigar Company
My husband was broadsided by a guy that ran a red light and Moet Law Group walked us through how to handle the claim, what to say and not to say and gave us a perspective on the situation that we had not considered. Our claim was very successful because of the help of Moet Law Group. I highly recommend!!
Jessica Birch
My husband was broadsided by a guy that ran a red light and Moet Law Group walked us through how to handle the claim, what to say and not to say and gave us a perspective on the situation that we had not considered. Our claim was very successful because of the help of Moet Law Group. I highly recommend!!
Jessica Birch
Jessica Birch
Hiring an attorney that is responsive is and very knowledgeable in the area of law they are practicing is very important. We are thankful for Moet Law and the help they rendered our company with regards to our case! Highly recommended!
Farshad Dehbozorgi
Hiring an attorney that is responsive is and very knowledgeable in the area of law they are practicing is very important. We are thankful for Moet Law and the help they rendered our company with regards to our case! Highly recommended!
Farshad Dehbozorgi
Farshad Dehbozorgi
I could not be more satisfied with the service provided by the Law Office of Nima Etemadian. Nima and his team at MOET Law in Ontario provided excellent, professional, clear and understandable advice and counsel to me. He is thorough and very knowledgeable. All processes that seem complicated were handled seamlessly and efficient. Nima communicated everything with me step-by-step through the entire process. This was a clear demonstration of the care and compassion he has for his clients. I highly recommend Nima Etemadian to anyone seeking an experienced, trustworthy and caring personal injury, DUI and accident attorney.
Michelle Gazmen
I could not be more satisfied with the service provided by the Law Office of Nima Etemadian. Nima and his team at MOET Law in Ontario provided excellent, professional, clear and understandable advice and counsel to me. He is thorough and very knowledgeable. All processes that seem complicated were handled seamlessly and efficient. Nima communicated everything with me step-by-step through the entire process. This was a clear demonstration of the care and compassion he has for his clients. I highly recommend Nima Etemadian to anyone seeking an experienced, trustworthy and caring personal injury, DUI and accident attorney.
Michelle Gazmen
Michelle Gazmen
My son was in a car accident 2 days after buying his 1st truck. He was rear-ended buy someone one there phone. It was a long process but Nima walked us through it and always returned calls promptly. We couldn't be happier with the settlement. Thank You Nima!
Steve schroeder
My son was in a car accident 2 days after buying his 1st truck. He was rear-ended buy someone one there phone. It was a long process but Nima walked us through it and always returned calls promptly. We couldn't be happier with the settlement. Thank You Nima!
Steve schroeder
Steve schroeder
I had the opportunity to hear Nima speak about what to do if you get yourself into a situation and you need a DUI attorney. No one wants to think that this will happen to them. I found his advice helpful and empowering. I know what to do if I find myself in this situation. Nima and his staff are professional and quick to respond. Thanks Nima
Claudia Lagoo
I had the opportunity to hear Nima speak about what to do if you get yourself into a situation and you need a DUI attorney. No one wants to think that this will happen to them. I found his advice helpful and empowering. I know what to do if I find myself in this situation. Nima and his staff are professional and quick to respond. Thanks Nima
Claudia Lagoo
Claudia Lagoo
I would highly recommend Moet Law Group. They handled my personal injury case. They worked diligently to get me the medical and financial help I deserved though it was a unique case. They fought for my rights and prevailed.
Bryan D
I would highly recommend Moet Law Group. They handled my personal injury case. They worked diligently to get me the medical and financial help I deserved though it was a unique case. They fought for my rights and prevailed.
Bryan D
Bryan D
Thank you for your help, determination, analytical skills, and hard work. I appreciate that you didn't give up on me or my case. I would not hesitate to recommend your firm to anyone in need of a sound “Attorney”. Thank you again!
Natally Barbosa
Thank you for your help, determination, analytical skills, and hard work. I appreciate that you didn't give up on me or my case. I would not hesitate to recommend your firm to anyone in need of a sound “Attorney”. Thank you again!
Natally Barbosa
Natally Barbosa