Discover the potential consequences of not reporting a car accident to your insurance. Learn about the legal obligations, impacts on insurance coverage, and how The Law Offices of Rosenstock and Azran can help you with your claim.

Importance of Reporting a Car Accident to Your Insurance Company

When you’re involved in a car accident, promptly reporting it to your insurance company is crucial. Here’s why:

#1 Preservation of Rights: By promptly reporting the accident, you preserve your right to seek compensation for damages and injuries sustained.

#2 Legal Compliance: Failure to report may result in legal consequences or violations of your insurance policy terms.

#3 Timely Assistance: Reporting allows your insurance company to provide timely assistance, including arranging for repairs, medical assistance, and legal representation if necessary.

Legal Obligations and Requirements for Reporting Car Accidents

California law mandates reporting certain car accidents to the authorities. Here’s the need-to-know:

• Reporting to the Police: If the accident results in injury, death, or property damage exceeding $1,000, you must file a car accident report with the California Highway Patrol (CHP) or local police within 24 hours.
• Reporting to the DMV: For accidents with injuries, fatalities, or property damage over $1,000, a separate SR-1 form must be submitted to the Department of Motor Vehicles (DMV) within 10 days.

Meeting these deadlines protects you legally and avoids penalties like fines or license suspension.

Possible Consequences of Not Reporting a Car Accident

There are many misconceptions that:

• Minor vehicle accidents and damage don’t require reporting
• No injuries mean no reporting is needed
• Personal agreements are sufficient
• Reporting leads to higher premiums
• Delayed reporting is acceptable

The truth is, that all accidents, regardless of the severity of damage or injuries, should be reported to your insurance company. 

Here are the potential consequences when you fail to report a car accident to your insurance:

Contract Breach and Coverage Denial

Your insurance policy likely mandates reporting accidents within a specific timeframe. Failing to do so is considered a breach of contract. This gives your insurer the green light to deny your claim entirely, even if you weren’t at fault. Imagine the financial burden if you’re suddenly responsible for repairs, medical bills, or lost wages!

The Uninsured Driver Nightmare

California has a high number of uninsured drivers. If the at-fault driver lacks insurance and you haven’t reported the accident, you’re personally responsible for their repairs and injuries. Reporting to your insurer protects you. California law requires insurers to offer uninsured motorist (UM) coverage, which kicks in to cover these costs,  protecting you from financial ruin.

Premium Hikes and Legal Issues

Some insurance companies view a lack of accident reporting as a sign of increased risk. This translates to higher premiums when it comes time to renew your policy. Additionally, depending on the severity of the accident, not reporting could be considered a violation, leading to fines or even a suspended license.

Reporting an accident to your insurance company, regardless of how minor it seems, is the smart move. Case studies show situations where policyholders failed to report accidents, leading to consequences even for a minor accident.

Steps to Take After a Car Accident to Protect Your Rights

Have you been involved in a car crash? Here’s what to do to safeguard your rights:

#1 Check for Injuries: Ensure everyone involved is okay. Call emergency services if needed.

#2 Secure the Scene: Move your car to safety if possible. Turn on hazard lights and use cones or flares to warn others.

#3 Exchange Information: Get the names, contact details, driver’s license numbers, and information about the other driver’s insurance company. 

#4 Document Everything: Take photos of the damage to all vehicles, the surrounding area, and any visible injuries. Note weather conditions and road hazards.

#5 Report the Accident: File a police report, even for a minor car accident. Then, notify your insurance company as soon as possible.

#6 Seek Medical Attention:  Get a check-up, even if you feel okay. Injuries can appear later.

#7 Don’t Admit Fault: Avoid apologizing or taking blame for the accident. Stick to the facts of what happened.

#8 Consult an Attorney:  Consider talking to an experienced car accident attorney for expert guidance.

How a Car Accident Attorney Can Assist

Dealing with insurance claims after an accident can be overwhelming. Here’s where a car accident lawyer steps in. They help in:

Building a Strong Case: Attorneys gather evidence, interview witnesses, and reconstruct the accident scene. This strengthens your case and ensures you receive fair compensation.

Negotiation Skills: Lawyers negotiate with insurance companies on your behalf. They aim to secure the maximum settlement, considering medical expenses, property damage, lost wages, and pain and suffering.

Legal Representation: In the event of a dispute or denied car insurance claim, your attorney will provide strong legal representation, advocating for your rights in court if necessary, and ensuring you receive the compensation you deserve.

Want help with insurance claims? The Law Offices of Rosenstock and Azran are here to help. With decades of experience and a proven track record of success in Reseda, Canoga Park, Van Nuys, and North Hollywood, CA, our attorneys will fight tirelessly to protect your rights and ensure you receive the compensation you deserve. Contact us today for a free consultation.

What is No-Fault Insurance and How Does it Work? 

In a no-fault insurance system, each driver’s auto insurance company covers their medical expenses and certain other losses regardless of who caused the accident. In an accident, you can file a claim and recover compensation from your auto insurance provider up to the limits of your policy. Key aspects of a no-fault insurance system are:

Personal Injury Protection (PIP): No-fault states typically require drivers to carry PIP coverage, which pays for medical bills, lost wages, and other related expenses from the accident. 

Limited Right to Sue: In exchange for the benefits provided under PIP, your right to sue the at-fault driver for additional damages is limited to a significant extent. 

How Does the Fault-Based Insurance System Work in California? 

When it comes to auto accident-related insurance claims, California follows a fault or tort-based system, which is designed to impose a cost on the negligent party that caused the accident. In other words, California no-fault insurance is not possible.  

Following an accident, you can file a claim with the at-fault driver’s insurance company (or any other party responsible for the accident) and seek compensation for your losses. Your personal injury attorney can negotiate with the claims adjuster and get a fair settlement. If a negotiated settlement is not possible, your attorney can litigate your claim, present your case before a jury or judge, and recover compensation. 

Key aspects of the California at-fault state system are: 

Establishing Fault: In a fault-based system, you are required to establish the fault and liability of the other party to recover compensation from them. 

Liability Insurance: In California, no-fault insurance (also referred to as PIP insurance) is not required. Instead, you must have liability insurance, which is designed to compensate the injured party in an accident. Section 11580 of the California Insurance Code outlines the minimum liability insurance requirements for drivers in California. These include: 

• $15,000 for injury or death to one person
• $30,000 for injury or death to more than one person
• $5,000 for property damage

Damages: Unlike no-fault insurance, which does not cover non-economic losses, a fault-based system allows you to recover compensation for a wide range of losses. This includes intangible losses like emotional distress, pain and suffering, and loss of quality of life.

Fault Determination in California Car Accidents

Fault determination in California car accidents involves analyzing common law principles and specific statutes in the California Vehicle Code. Here’s how the at-fault driver’s negligence can be determined for auto accident insurance claims in California.

Common Law Principles

Under common law, drivers have a duty to operate their vehicles with reasonable care to avoid harming others. This duty includes obeying traffic laws and driving safely. If a driver breaches this duty and causes an accident, they can be held liable for the resulting damages.

California Vehicle Code

If a driver violates a traffic law and causes an accident, they can be presumed negligent based on the violation. This is commonly referred to as statutory negligence or negligence per se. For example, if a driver uses a cell phone while driving, it is a violation of Sections 23123 – 23125 of the California Vehicle Code. If they cause an accident, the violation is sufficient to prove their negligence and fault.

Evidence Used to Establish Fault in a California Auto Accident Claim

A wide range of evidence can be used to establish the fault and liability of the negligent party in an auto accident claim. These include: 

• Police reports
• Witness statements
• Physical evidence from the accident scene
• Surveillance footage 
• Accident reconstruction reports
• Traffic citations
• Cell phone records of the at-fault driver
• Driver statements
• Vehicle black box data
• The at-fault driver’s alcohol and drug test results

Is It Possible to Sue More Than One Person for an Auto Accident in California? 

Yes. Auto accident laws in California allow you to sue more than one person for an auto accident. You can file a claim against all parties you believe are at fault and the court will determine their degree of fault. Under California’s joint and several liability rule, each defendant can be held fully responsible for the economic damages regardless of their share of fault. It means you can recover the full amount of compensation from any one of the at-fault parties. 

Importance of Quality Legal Representation in Car Accident Claims

When it comes to car accident claims, the importance of working with an experienced personal injury lawyer cannot be overstated. A seasoned lawyer can handle all the aspects of your case from investigating it and identifying the liable parties to collecting evidence to prove their liability, communicating with insurance companies, and negotiating for a fair settlement. 

If a fair settlement is not possible, your lawyer can take your case to court and advocate aggressively on your behalf. On the whole, having a knowledgeable car accident lawyer on your side can significantly improve the likelihood of a favorable outcome in your car accident claim.

Get Legal Help from Our Top-Rated California Auto Accident Lawyers Today!

If you have been injured in an auto accident, you need an experienced legal team to get the financial compensation you deserve. At The Law Offices of Rosenstock and Azran, our personal injury attorneys have more than 80 years of combined legal experience and have handled a wide range of auto accident claims – from car accidents to truck accidents. We have extensive experience handling catastrophic injury claims and have recovered large settlements and jury awards for our clients. 

Our deep understanding of California at-fault state laws, decades of experience handling complex auto accident claims, and aggressive negotiation skills allow us to get results that few others can. It is why we have a 99% success rate. We provide the compassionate and personalized representation you need and will fight aggressively to get the settlement you deserve. 

Call us today at (818) 986-2052 or contact us online for a free consultation with a dedicated California personal injury lawyer at our firm.

Accident expenses can become astronomical, pushing them past insurance coverage limits. That means the at-fault driver may be on the hook in certain circumstances. 

The Law Offices of Rosenstock and Azran represent the injured party in a car accident case. In this blog post, we cover the legal aspects of car accident cases and the role of the insurance company in these matters to help you understand when you could be sued for a car accident and when you should sue the other driver.

The Role of Your Insurance Company in an Accident

With so many car accident cases arising in California, it is important to understand the role of your insurance company and your insurance policy. When making a personal injury claim, if you are the injured party, you will contact the other driver’s insurance company. Meanwhile, the insurance policy you have with your car insurance company is who the other driver will contact after the accident occurs. 

In that event, your insurance company has, essentially, two legal responsibilities: to defend you and to indemnify you. The first requires that they pay for your legal defense throughout the claims process. If that means hiring legal counsel for court, that is included. Regarding their duty to indemnify, that means they must pay for the resolution of the claim, for amounts up to your applicable policy limits. 

The insurance claims process can get complicated when it comes time to determine fault. The other party may try to claim that you are the at-fault party. But what if you are the one with devastating injuries? Fortunately, your policy coverage can take care of these scenarios. However, liability coverage only goes so far, and if the other driver also has serious injuries that go beyond your policy limits, you may find yourself facing a personal injury lawsuit.

This legal claim is common, plus many insurance companies will do whatever they can to protect their bottom line after an auto accident. This means that they may try to offer a low settlement or even deny your insurance claim. 

When Can Someone File a Car Accident Lawsuit Against You If You Have Car Insurance?

You may ask, “Can someone sue you for a car accident if you have insurance?” The answer is that you can be sued for a car accident when your liability insurance isn’t enough to cover the personal injuries sustained by the other driver. When the other driver files a lawsuit, it is because they believe that the car accident is your fault. Additionally, when this other driver and the insurance company disagree about this settlement process, liability disputes often arise. If you find yourself in this scenario, it is imperative that you discuss your case with an experienced attorney who can help you protect your legal rights.

Here are the most common reasons why you could be sued personally after a car accident.

Negligence

The injured party has the right to sue after a car crash if the other driver behaved negligently. In order to pursue compensation from the other party, a driver with injuries must show that the duty of care was breached. To have a valid personal injury case, they need proof that you were driving while distracted or intoxicated, being reckless or negligent on the road, or that you violated traffic laws. When you work with a personal injury attorney, they can help prove that these claims are unfounded. They may also be able to prove that the other party was the negligent one in the accident and work to get you a settlement offer.

Insurance Company Policy Limits

When your liability insurance is used to the policy limit and the other driver has medical expenses, property damage, and lost income, they may try to blame you to get additional compensation. Unfortunately, many people open themselves up to this liability by only purchasing the minimum that insurance covers. Conversely, if the tables are turned and the other driver’s insurer can only cover a portion of your property damages, lost wages, and medical bills, you can fight for your settlement amount by taking legal action.

Intentional Act

While less common, an investigation could reveal that the person deliberately caused the accident. However, the vast majority of car accidents are caused by driver error rather than malicious intent. In California, insurance policies usually exclude coverage for intentional acts. Following a claim, a thorough assessment of the facts of the incident and the applicable insurance policy provisions should be conducted to evaluate coverage issues.

Make Sure You File Before the Legal Deadline

The fact is that most car accident cases are settled before going to court, even when insurance disputes arise. The statute of limitations is something to keep in mind as it limits your time to pursue your case through the legal process. In California, the statute of limitations in these situations is strictly enforced, necessitating a careful assessment of the parties at fault and their respective roles.  

Keep in mind that it will take time for the insurance company to complete its assessment. It is crucial that you gather evidence such as the police report, photos, videos, and medical records to present in your accident case. 

While someone can sue you, you also have the same legal rights. If you need help determining what to do after your accident or gathering evidence, contact The Law Offices of Rosenstock and Azran for a free case review. In this free consultation, you will find out what you can recover in compensation for your accident, including property damage, medical bills, mental anguish, and pain and suffering. 

In the event of a Lyft accident, every Lyft driver should know about the insurance policy coverage available to them. For over 38 years, The Law Offices of Rosenstock and Azran has excelled in handling personal injury and accident cases exclusively, and a significant part of that practice now involves rideshare drives. Our attorneys understand the legal complexities of an Uber or Lyft driver in an accident while transporting passengers. In this blog post, you’ll learn more about Lyft’s specific coverage after an accident occurs, steps to take after a motor vehicle accident, and your legal responsibilities in this type of situation. 

Understanding Lyft’s Insurance Coverage in a Car Accident

The complexities of a Lyft accident can be more confusing than a typical car accident. Here is a look at when your personal insurance is used after an accident and when Lyft drivers are covered by their rideshare company:

The Personal Auto Policy of Your Personal Insurance

When you are driving your Lyft car and the Lyft app is off, your personal coverage or uninsured/underinsured motorist personal injury protection will cover you in the event of a crash injuring you. Of course, your insurance policy provisions will be controlling in the context of meeting your underinsured/uninsured motorist coverage requirements and applicable policy limit engagement. To be sure, and in an abundance of caution, you should review this contingency with your insurance agent. If the Lyft app is on at the time of the accident, any claim with your personal automobile insurance coverage will probably be excluded. See below for our discussion about that scenario.  

Waiting for a Ride

When the Lyft app is on and you are waiting for a ride request (ie. you are not yet on the way to pick up passengers, nor do you have a fare in the car), Lyft provides third-party liability insurance. This would include $50,000 per person for bodily injury, $100,000 for bodily injury per accident, and $25,000 per accident for property damage. 

Picking Up Passengers

If a Lyft driver has the app activated and is on the way to pick up passengers or already has passengers in their vehicle, Lyft provides coverage of at least $1,000,000 for third-party auto liability (if a claim is made against you), first-party coverages (if you are making a claim against your Lyft insurance coverage for injuries resulting from the negligence of an uninsured or underinsured motorist), and contingent comprehensive coverage and collision coverage equal to the actual cash value of the car when the driver has these on their auto policy. 

Third-party auto liability insurance from Lyft acts as the primary coverage from the moment a ride request is accepted until the ride has been completed. While there is a minimum of $1,000,000 per accident, if you carry commercial insurance, Lyft’s coverage will exceed your own coverage. 

Your Legal Responsibilities in a Car Accident While Driving for Lyft

If you are at fault for the accident, Lyft’s policy for contingent liability coverage steps in when you are in driver mode if your insurance policy doesn’t kick in. The primary liability insurance is activated from the moment a ride is accepted until it has ended. 

However, if the other driver is at fault, then a third-party claim is made to that driver’s insurance company. It may be necessary to file a personal injury lawsuit if the other driver’s policy doesn’t provide enough coverage; or their insurance company denies the claim or refuses to pay what we have, with our decades of experience, determined to be the true and fair value of the claim. 

Steps to Take After Getting into an Accident When Driving for Lyft

After an accident while driving for Lyft, it is important for you to follow the right steps. First, you should call 911 to treat bodily injury to yourself or any passengers. Calling the police will have officers respond to the scene and send emergency medical responders to treat injuries. The police will also issue an accident report, which can serve as an essential piece of evidence that protects your legal rights. At The Law Offices of Rosenstock and Azran, we have extensive experience on extracting vital data, information and statements from Traffic Collision
Reports, which may be overlooked by less experienced attorneys.  If you are not seriously injured, you should still seek medical attention as many injuries in auto accidents are not immediately obvious.

Next, as in any accident, you will need to exchange information with the other driver. This includes information on insurance policies, names, and phone numbers. You should try to document the accident scene with photos and videos. If the other driver is willing to admit fault at the scene of the accident, you should try to record a video of them making that admission. Make sure you get photos of the license plate and get contact information from any witnesses who may have seen what happened.

If you have any information from the Lyft or UBER app which relates to insurance coverage, the fare you were on at the time of the incident, and communications regarding the accident, you should take a screenshot of those.

Rideshare companies like Lyft and Uber also require you to notify them in the event of an accident since their insurance may be required. Additionally, you need to notify your insurance company if you were not operating under Lyft at the time of the crash.

The Importance of an Attorney When Involved in Lyft Accidents

Beyond property damage, you or a passenger may have medical expenses resulting from the accident injuries. It can become complex to navigate the legal landscape, especially if you are unsure if you are legally responsible. 

Lyft and Uber drivers are independent contractors, and it may make determining your next steps with the rideshare company and insurance even more confusing. For these reasons, it is best to consult an attorney who has experience representing rideshare drivers. If you are a passenger and wondering how to claim compensation for your injuries, you should schedule a free consultation with the attorneys at The Law Offices of Rosenstock and Azran.

We can help you seek compensation for your financial losses after an accident, including medical bills, lost wages, pain and suffering, mental anguish, and out-of-pocket expenses. You’ll find the legal guidance you need to figure out the next steps to take with Lyft or Uber accidents that cause injuries and other damages and learn how the insurance policy applies to you.

There are many misconceptions about Settlements in accident injury claims. The fact of the matter is that Settlement is a voluntary process. In other words, the insurance company for the responsible party will voluntarily pay a Settlement only if they believe the case has merit in a court of law. That means the essential elements of a legal claim must be present and provable. If they refuse to offer what we determine to be a fair Settlement, the only remaining alternative is to proceed to trial, which is an Involuntary process. In other words, they will then have to pay the judgment, regardless of whether they like it or not. 

Although proving liability (fault, for legal compensation) is essential in securing compensation for your personal injury claim, the fight for full and fair monetary compensation does not end there. Often, that is the “easy” part, and the determining battle is fought on the other 2 barriers to full and fair compensation- causation and damages.  For example, let’s say a motorist is rear-ended while their vehicle is lawfully stopped. That is a “clear liability case”, and they’ll win on liability, however, if they are not able to prove that injuries that have monetary value, are the direct result of the negligence, the case may have minimal, if any, settlement value. With “normal” X-rays and no visible signs of injury, the insurance industry will often try to take advantage of such a claimant. 

At The Law Offices of Rosenstock and Azran, we have over 75 combined years of experience in personal injury settlement and lawsuits. Our skilled, tenacious car accident lawyers can determine, not only who’s to blame, yet how to prove legitimate, verifiable, and significant injuries, even in the face of  “normal” X-rays and no visible signs of injury. We know how to get you the best car accident settlement or verdict award. Read on to learn about our Encino personal injury attorney and how car accident claims work. Contact us for more information at (818) 986-2052. 

Encino Car Accident Settlement Process

Being in a car accident is upsetting. Not only do you need to have your injuries treated and repair your vehicle, but you also have to deal with insurance companies and adjusters. An experienced car accident lawyer can represent you in the process and get you the best car accident settlement. The basic steps to begin the car accident settlement process, which we routinely handle, yet may be treacherous for laypersons on their own, include the following:

Verify Your Insurance Limits

To begin your car accident claim you must call your auto insurance company to report the crash. You also may need to file the claim with the at-fault driver’s insurance company. Verify how much coverage the liable driver has. Many injured parties prefer to have an auto accident attorney speak to the other driver’s insurance company, as well as their own, because tape-recorded statements are usually requested, and a mistake, a misunderstanding, a misstatement, or a statement taken out of context can do irreparable harm to an otherwise good case. Bear in mind that even your own insurance company can end up your adversary. For example, in an uninsured motorist or an underinsured motorist claim, which we have extensive experience with, your insurance company, to who you have been paying premiums, will take the same position as though they are representing the adverse driver. They will need to see that you are able to prove a myriad of issues before making a reasonable settlement offer.

Investigate the Car Accident and Resulting Damages

You or your personal injury lawyer must thoroughly investigate the car accident to understand how it happened and who caused it. A personal injury lawyer is more experienced than most injury victims in accident investigations, particularly in severe accidents with incapacitating injuries. Evidence to aid your case includes the Traffic Collision (police) Report, traffic signal sequencing data and maintenance history, video and photographic evidence of the vehicles and scene, and eyewitness statements. If necessary and appropriate, we will hire experts to conduct accident reconstruction and biomechanical engineering analysis. 

Next, you need to evaluate your damages. You must present your medical records and bills, pay stubs, and auto repair bills to the other driver’s insurance company; or your insurance company in an uninsured motorist or an underinsured motorist claim. This information helps the adjuster value your claim accurately. California law allows you to recover the following damages in car accident lawsuits: 

• Past and future medical costs, including medication, caregivers, and therapy
• Past and future lost earnings
• Lost earning capacity
• Vehicle repairs or replacement
• Past and future Pain and suffering
• Assorted out-of-pocket costs
• Past and future harm to the marriage relationship

Achieve Maximum Medical Improvement

The sooner you get medical treatment after the accident, the better. You will get the initial necessary treatments, but it could take weeks or months to reach maximum medical improvement (MMI). Once you have reached MMI, you or your car accident lawyer will know how much to demand from the insurance company.

Send the Demand Letter

You or your Encino personal injury attorney should write a demand letter to the insurance adjuster. Your attorney will ensure that you seek compensation for all of your losses. The letter may include: 

• How the accident happened and who caused it. Evidence proving fault must be included, such as the police report and relevant photographs.
• Details of the severity of your injuries, medical treatments that have been done, and treatments that may be needed later, and the projected future medical expenses.
• The degree of pain and suffering you have endured. This number is somewhat subjective. There is no set formula for computing this vital metric, however, with our extensive experience in valuations, coupled with our skillful ability to convey the strengths, merits, and potential trial value of our clients’ claims, we achieve substantial results, and most likely more pain and suffering compensation than you can on your own. 
• A comprehensive summary of how the injuries, treatment, pain and suffering have impacted your quality of life, in the context of ADL, hobbies, recreational activities, hobbies, etc…
• The amount you will accept to settle the case. Your car accident lawyer can help you decide on a fair settlement figure.
• Critical legal principles which leverage specific California legal principles to compel the insurance company to make their best offer of settlement. 

Negotiate a Settlement

After the insurance company investigates the car accident claim, it will respond to your demand letter. The insurance company may dispute fault or the severity of your injuries, or their being causally related to the subject accident. Focusing on any of myriad common defense strategies and mechanisms, such as “minor impact”, “minor injuries”, “soft tissue injuries”, “no objective findings”, degenerative conditions, pre-existing conditions, etc…, the insurance company may counter with a lower offer, hoping you’ll take less money. At the Law Offices of Rosenstock and Azran, we are well-versed in these, and other defenses, routinely raised by the insurance industry, and know how to analyze the evidence, including the medical records, to persuasively articulate relevant principles in medicine and the law to counter these types of defenses. Your car accident lawyer may need to gather more evidence to support your demands. You may have to file a car accident lawsuit if a car accident settlement cannot be reached. 

File a Car Accident Lawsuit

Your car accident attorney may file a personal injury lawsuit if the insurance company does not offer a reasonable settlement. You can still reach a car accident settlement for your case out of court, but if not, your attorney will take the case to a jury. 

Having a car accident attorney is essential at this stage. Your lawyer can advise whether settling or taking the case to court is better. Remember, if you don’t win at trial, you receive nothing. This is one reason many car accident cases end in a settlement. 

Average Car Accident Settlement In Encino

Now that you understand how Encino car accident settlements work, what can you expect at the end of your case? All car accident claims differ, so you could receive more or less than other accident victims in similar circumstances. The car accident settlement for your personal injury claim depends on accident severity, how severe your injuries are, how much insurance coverage is available, and more. 

Generally, the more serious the injuries, the higher the recovery. Some surveys report that the typical car accident settlement is $8,200.00. A typical recovery with injuries is more than $29,000. Other surveys find that about ⅓ of injury victims receive $5,000.00, or less. Minor car accidents often settle for approximately $3,000.00. However, remember that all Encino car accident claims are different.

If you were in a car, truck, bicycle, pedestrian, motorcycle, or bus accident, speak to an experienced car accident attorney at The Law Offices of Rosenstock and Azran today. We offer a free legal consultation and will tell you if you have a case and what it might be worth.  

Speak to an Encino Car Accident Attorney Now

If you’re looking for an excellent Encino personal injury attorney who always works in your best interest, reach out to The Law Offices of Rosenstock and Azran today. Our auto accident attorneys help car accident victims every day. We bring more than 75 years of legal experience to the table and are Google five-star rated with a 99.99% case success rate. 

We’ll fight for the best insurance car accident settlement and, if needed, make the best argument in front of a jury on your behalf. We handle car, truck, bicycle, pedestrian, motorcycle, and bus accidents, so contact an Encino personal injury attorney now at (818) 986-2052. Our car accident attorneys also help clients in Canoga Park, Van Nuys, North Hollywood, and Reseda. 

If you were involved in a hit-and-run accident and need help recovering your financial losses from your medical bills, lost wages, and other damages, you should contact a law firm for Personal Injury in Encino to understand more about your legal options.

What Are Hit-and-Run Accidents?

Hit-and-run accidents occur when someone is in a car accident and then leaves the scene. This car accident could be with either another motor vehicle, bicycle, pedestrian, or even a stationary object such as a wall or fence. The biggest element in a hit-and-run accident is that the person who caused it leaves the scene of an accident without providing contact information, insurance information, or medical assistance to anyone who has been injured.

In a hit-and-run accident, those found guilty can be sentenced to up to three years in prison, depending on the severity and factors of the car accident.

What Is the Hit and Run Statute of Limitations in California?

The statute of limitations for a hit-and-run accident is the amount of time provided to file charges against the liable driver. In a hit-and-run car accident, the statute of limitations will vary based on whether the act was a misdemeanor or felony.

Misdemeanor hit-and-run accidents are generally those that have resulted in minor property damages. For these cases, the prosecution has up to one year to file charges.

For a felony hit-and-run car accident, the perpetrator will have caused injuries to another person. In this case, the prosecution has a three-year statute of limitations to file charges.

What Are the Criminal Penalties a Driver Could Face for a Hit and Run Accident?

Hit-and-run accidents are a serious offense whether they are charged as a misdemeanor or felony. One factor that increases the charges is whether or not there was bodily injury. If you are the injured person in a hit-and-run accident, you will surely want to see justice served.

The criminal penalties for felony hit-and-run car accidents in California will involve up to three years of prison time and fines up to $10,000. Hit-and-runs are misdemeanors when only property is damaged, but they can still come with serious fines of up to $5,000 and up to a year of jail time.

Administrative Penalties for the Hit-and-Run Driver

Beyond the criminal penalties, there are other ways to hold the at-fault driver accountable. In addition to jail and fines, they will face driver’s license suspension and restrictions. California uses a point system, adding two points to a driver’s record for these offenses.

Drivers in the state are labeled as negligent drivers for these actions and could have their driver’s license suspended or revoked for compiling four or more points in 12 months.

Additionally, these drivers face an increase from the insurance company because they will be considered more dangerous.

Civil Penalties That May Apply for a Hit and Run Accident

In addition to misdemeanor or felony hit-and-run charges, civil penalties are another possibility for those who cause car accidents and leave the scene.

Those who have been injured in a hit-and-run accident can file a civil case to recover their financial losses. This will generally start with an insurance claim, though legal assistance from a hit-and-run attorney may be needed due to the complexities of these types of cases and state laws.

The damages for serious injury in a hit-and-run accident tend to be much larger than those a victim would collect in another car crash. This might not be the case for an accident with minor property damage, such as if another driver hit your parked car in a parking lot. However, if they left the accident scene without providing reasonable assistance, you can expect that your attorney will fight for justice on your behalf.

What Can You Do About a Hit-and-Run Accident in California?

If you come out of your home or a place of business and find your vehicle has been hit by another driver or you are in an accident and the driver leaves the scene, you have legal rights. Those who are involved in a hit-and-run should seek legal counsel to ensure they aren’t left in the lurch.

You should call 911 and let the police officer who arrives know what happened for the accident report. Provide as many details as you can recall about the other vehicle such as the make, model, color, and license plate number. Witness statements can also be beneficial for detailing the hit-and-run driver’s care and how they looked.

Get the legal help you need from the right lawyer who will ensure you file your lawsuit within the time limit. They will help see to it that the prosecution presses charges and works to get you the compensation you deserve.

The Law Offices of Rosenstock and Azran are committed to helping you recover your damages after a hit-and-run accident. You can learn more about us and how we have helped other injured victims in similar circumstances. We pride ourselves on developing a strong attorney-client relationship and are backed by over 82 years of combined legal experience. Contact us today and set up a free consultation to get the legal help you need.