The Law Office of Nikolaus W. Reed helps people that have been injured in car accidents in San Pablo. A car accident brings up a lot of questions, but you might not be aware that there’s a deadline. My team will make sure you have everything you need and file on time. Contact us today for a free consultation.
How Long Do You Have to File an Injury Claim After a Car Accident in San Pablo?
After a car accident in San Pablo, you don’t have unlimited time to file a claim. In California, the law gives you:
- Two years from the accident date to file.
If you miss this deadline, you lose your chance to even file a claim. That’s why it’s important to act fast–not just because of the law, but also to make sure you have the strongest case possible.
Who Do You File Your Injury Claim Against After a Car Accident?
No one plans to be in a car accident, but if it happens, filing a claim is the first step toward getting financial support for your injuries. But the starting point is figuring out who you’ll be filing against. In a typical car accident, the person or group you’ll file your claim against is whoever caused the accident with their “negligence.” To show negligence, you have to show:
- The other driver had a duty to follow traffic laws and drive safely.
- They failed to do so by acting carelessly or recklessly.
- Their actions directly caused the accident.
- You suffered injuries and losses as a result.
Some accidents clearly point to one driver being at fault, but other factors can complicate things. Fault isn’t always limited to just the other driver—it can also involve:
- Pedestrians or passengers – If someone suddenly stepped into traffic or distracted the driver, they may share responsibility.
- Owner of the vehicle – If poor maintenance, like faulty brakes or broken lights, contributed to the crash, the owner could be liable.
- Car or parts manufacturers – If a defective part played a role in the accident, the manufacturer or seller may be responsible.
- Government agencies – If dangerous road conditions or broken traffic signals caused the accident, the local government could be at fault.
In San Pablo, you have the right to file a claim against anyone responsible for the accident. While this can make the claims process more complex, it can also help you get the full financial support you need to recover.
What Happens After You File an Injury Claim After a Car Accident?
Once you have liability established and decide to move forward with filing a claim, you have two main options:
- Filing an insurance claim – This is usually the fastest option. The insurance company reviews your claim and offers a settlement. However, they may try to pay less to save money.
- Filing a lawsuit – If the insurance settlement isn’t enough, you can take legal action. While this process takes longer, it may lead to better compensation.
The goal of filing a claim is to recover “damages” for your losses, including:
- Medical bills
- Car repairs or replacement
- Lost wages if you can’t work
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Funeral costs in fatal accidents
Since there’s a strict deadline to file, acting quickly is key. Filing a claim doesn’t guarantee a payout, but taking the right steps improves your chances. My team can guide you every step of the way.
What Steps Should You Take After You’re in a Car Accident?
Even though you have up to two years to file a claim, it’s best to act fast. The sooner you take action, the easier it is to gather strong evidence. Here’s what to do after your accident to do that:
- Call 911 right away – First, call 911 for an ambulance. This will get you medical care and 911 can also dispatch the local police to manage the scene.
- Get information from others – Swap insurance and contact details with the other driver and anyone else involved, including witnesses.
- Be careful with your statements – Stick to the facts when speaking with police, other drivers, or insurance adjusters. Don’t admit fault or exaggerate what happened.
- Document the scene – Take pictures and videos of vehicle damage, injuries, road conditions, and anything relevant.
- Contact your insurance company – Report the accident to your insurance provider as soon as possible. They’ll need to be involved in the claims process.
- Save important records – Keep medical bills, repair estimates, police reports, and any communication with insurers.
Dealing with a car accident claim while recovering from injuries can feel overwhelming. While hiring a lawyer isn’t required, having legal support makes the process much easier. Here’s how we help:
- Explaining your rights and options
- Making sure you file your claim on time
- Collecting evidence and information to strengthen your claim
- Talking to witnesses and experts
- Negotiating with insurance companies for a fair settlement
- Filing a lawsuit, if necessary
You don’t have to go through this process alone. My team at NWR Law is here to help while you focus on getting better. Contact us today for a free consultation to get started.