Complaint regarding Auto Accident (Driver vs Driver)
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FAQ
Unfortunately, there is little you can do to contest the findings in a police report or crash report with the police officer or law enforcement officer who wrote it. You can go to the agency and department that wrote the report and ask that a supplemental report be filed.
Report the Accident and Take Photos. As soon as an accident happens, take notice of the important details. File a Police Report. Call Your Insurance Company. Explain the Situation to Your Attorney.
The California Vehicle Code states that the owner of a motor vehicle is responsible for damages caused during the operation of the vehicle even if another person is driving the vehicle with implied or express permission from the owner. Therefore, automobile insurance follows the vehicle, not the person.
To file an auto insurance claim against someone else, the driver needs to gather the other driver's information, take pictures of the scene, report the accident to the police, contact their insurance, and then wait for other driver's insurance to pay.
The principal concern during a car accident is the safety and well-being of everyone involved. Alight from your vehicle and take pictures of the situation whatever happens. After that, the drivers should pull their vehicles out of the road immediately so that they're both clear of oncoming traffic.
If you let someone else drive your car and they get in an accident, your insurance company would likely be responsible for paying the claim, depending on the coverages in your policy. The claim would go on your insurance record and could affect your car insurance rates in the future.
California law imposes financial liability on the owner of a vehicle involved in a car accident, truck accident, motorcycle accident, or other accident involving a motor vehicle, even if the owner was not driving or in the vehicle at the time of the accident.
If the other driver is lying about the accident, your only option is to threaten a lawsuit or file a lawsuit.Your personal injury lawyer can often put enough pressure on the other side's insurance company that they will choose to settle the claim even if their driver won't change their story.
You can sue. Even if the other driver stopped at the stop sign he still had to make sure it was safe to proceed. However, in order to have a case you need to have a "serious injury " as defined by the Insurance Law.