Motor vehicle accidents may be common, but that does not mean the impact they have on your life is any less serious. In fact, car crashes are some of the most common ways injury victims’ lives are turned upside down. Even if you initially believe your collision was minor, if your life has been profoundly affected by the injuries you sustained, you may have the right to financial compensation, especially if someone else is at fault. We understand how confusing this time in your life is, so we are here to help you navigate the complexities of California’s personal injury laws.
You have an opportunity to fight for the fair compensation you deserve. Connect with our trial-proven Ontario car accident lawyers from Moody Law when you are ready to demand the at-fault party be brought to justice for their negligent actions. We offer 100% free consultations, so contact our Apple Valley personal injury attorneys today to find out more about how car accident insurance claims work, whether you will need to go to trial and gain insight into how much your car accident lawsuit could be worth.
Here is an Overview of the Car Accident Claims Process in Ontario
Far too many catastrophic injury victims fail to get the legal help and support they need because they are overwhelmed by what they perceive the claims process to be. However, once your car accident lawyer walks you through the process, you can feel confident fighting for the compensation you deserve. While every case is different, the claim process is often similar. Here is a general overview of what you can expect from your Ontario car accident case:
There is an Investigation
Our team begins investigating the cause of the accident. We will work with accident reconstructionists, review forensic evidence, and work tirelessly to gather the evidence we need to identify the liable parties and build a powerful case against them.
The Liable Party is Identified
Next, we review the evidence to determine who is ultimately liable for your injuries. Some parties who could share liability for your damages include:
- Negligent drivers for failing to drive safely
- The California Department of Transportation for failing to maintain the safety of the roadways
- Auto parts designers and manufacturers for failing to address defects or malfunctioning vehicle parts
- Local dram shops for violating California Business and Professions Code 25602.1, which prohibits dram shops from selling or serving alcohol to someone who is already visibly intoxicated or impaired
We Prepare Your Insurance Claim Filings
Then, we prepare to file your claim against the liable party’s insurance policy. If the at-fault party is uninsured or underinsured, you may be able to file a claim against your personal no-fault insurance policy to recoup a portion of your damages.
Your Case is Heard at Trial
If the at-fault party does not have insurance or their insurance coverage does not fully cover your losses, we will be prepared to advocate for your right to compensation at trial. This is often the best opportunity to maximize your settlement without the same restrictions that come with an insurance claim.
Ontario Car Accident Victims and Their Families Deserve Justice
Compensation is not the end-all-be-all answer after being involved in a traumatic collision. However, accessing the financial support you need is necessary if you hope to cover as much of your expenses as possible and still have money left over to pick up the pieces of your life, both physically and emotionally.
It may surprise you to learn that you have the right to be made whole or repaid in full for the total value of your compensatory damages. Your auto accident lawyer with Moody Law will be responsible for going over these damages with you at great length to ensure no loss goes unaccounted for.
Calculating Economic Damages
Calculating economic damages is typically the first step in our claim evaluation. We need to understand the value of your financial assets so we can use these figures to calculate the value of your non-economic damages later. Every single economic loss should be included in our calculations.
You can expect our team to thoroughly review your financial records, bank statements, receipts, repair quotes, and other documents to ensure our records are comprehensive. Examples of potentially recoverable economic damages after a car accident in Ontario include:
- Car repair expenses
- Loss of household services, including childcare and home maintenance costs
- Costs of purchasing a new vehicle
- Out-of-pocket medical bills
- Ongoing healthcare costs, including medical home accommodations and medical equipment or devices
- Income losses
- The diminished value of your vehicle
- Auto insurance premiums increase
- Damage to your credit score
- Loss of future potential earnings
- Increased health insurance costs when you are kicked off your employer’s policy
- Loss of bonuses, pay increases, paid time off, and other employee benefits
A Review of Your Non-Economic Damages
Once we have a better idea of how much you should be awarded in economic damages, we can move on to your non-economic damages. These can be more difficult to calculate as they are not tangible losses that can be easily verified with financial records.
Non-economic damages have no financial value until we assign them. But their profound impact should not go unaccounted for. Using the multiplier method or per diem method for personal injury claim calculations as described by Bloomberg Law, our auto accident attorneys can determine whether you should be compensated for one or more of the following types of non-economic damages:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress and mental anguish
- Shame and indignity
- Fear
- Inconvenience
- Loss of consortium
- Disfigurement and skin scarring
- Anticipation and shock
- Permanent disability
Punitive Damages Are a Rare Award That Does Not Apply to Every Case
You may have also hoped to recover punitive damages as part of your car accident settlement. However, under California Civil Code Section 3294, punitive damages do not apply to every case. Injury victims are not entitled to punitive damages. They are awarded as a means of punishing liable parties for gross negligence or intentional malice.
The court system will determine whether punitive damages should apply in your case. If they do, it could dramatically increase the value of your settlement, as the judge may be hoping to send a message to the community that actions similar to those of the defendants will be taken seriously in a court of law.
Ontario Car Accident FAQ
No matter how your collision occurred, the claims process can be intimidating. Without answers to some of your most pressing questions, you may be hesitant to move forward with your legal claim.
For this reason, your car accident attorney from Moody Law has compiled a thorough FAQ below that discusses some of the most important details regarding car accident lawsuits and insurance claims. Additional questions or concerns can be further discussed during your free case evaluation.
What is fault insurance?
Fault insurance laws hold at-fault parties accountable for their negligent actions. When one party is responsible for causing injuries or damages to another, the at-fault party will be financially responsible for covering the victim’s costs and compensating them for their losses. According to the California Insurance Code – INS § 11580.1, California is a fault insurance state. This means that as we begin preparing your car accident claim, we will often initiate the claims process by filing an insurance claim with the at-fault party’s insurer.
Insurance settlements are often just the first step in the claims process, as a settlement from the insurance company may not fully cover the value of your damages. Insurance settlements pay for specified covered losses. We will closely evaluate the liable party’s auto insurance policy to determine which types of damages should be taken care of by the insurer. Generally, this only involves your medical expenses and vehicle repair costs.
It is also important to know that the insurance company is unlikely to compensate you for the total value of your losses. While you may be entitled to a settlement, that does not mean the insurance company is responsible for covering the sum of your medical expenses or auto repair expenses. Instead, the insurance company upholds their policyholders’ coverage limits. If the at-fault party only purchased, say, $25,000 in bodily injury liability coverage, you would only have access to up to $25,000 for your medical bills. Do not feel discouraged, however, as any losses the insurance company does not pay for can be demanded as part of your personal injury lawsuit.
Am I required to carry auto insurance?
Yes, all motorists in California are legally required to carry auto insurance coverage. According to the California Department of Insurance, California residents must have the following amounts and types of auto insurance:
- $5000 per accident of property damage liability coverage
- $15,000 per person in bodily injury liability coverage
- $30,000 per accident in bodily injury liability coverage
The California Department of Motor Vehicles (DMV) also encourages motorists to carry uninsured or underinsured bodily injury liability coverage. This can help protect you if you are involved in a collision with an uninsured or underinsured person. There are many other types of auto insurance coverage that you can opt into but are not legally required, such as:
- Comprehensive
- Collision
- Gap insurance
- Rental car coverage
- Glass coverage
Since California is a fault state, the amount of auto insurance coverage you have will determine how much financial responsibility the insurance company will have if you are found liable for causing a collision. Car accident victims will be entitled to a settlement through the liable party’s auto insurance provider, but this settlement will be limited by the types and amounts of coverage the policyholder purchased.
What are the most common types of car accidents?
Car accidents can happen in a number of different ways. According to the National Safety Council’s Type of Crash Overview, some of the most common types of motor vehicle wrecks include:
- Drunk driving accidents
- Accidents at intersections
- Head-on collision
- Distracted driving accidents
- Highway accidents
- Sideswipe accidents
- Tire blowouts
- Commercial truck accidents
- Rear-end collisions
- Motorcycle accidents
- Red light accidents
- Drowsy driving accidents
- T-bone accidents
- Pedestrian accidents
- Bicycle accidents
- Rideshare accidents
These are only a few examples of the types of car accidents our firm sees most often. If you have been injured in another type of car crash that was not included in the list above, do not lose hope. Our firm offers free consultations, so contact Moody Law to find out which legal options may be available to you.
What are the most common types of car accident injuries?
The severity of the injuries you sustain will determine how much compensation you could be awarded. While there are virtually countless types of injuries that are possible, at Moody Law, we see some types of car accident injuries more often than others, including:
- Dental injuries
- Third-degree burn injuries
- Road rash
- Traumatic brain injuries
- Whiplash
- Internal injuries and bleeding
- Back injuries
- Facial trauma
- Post-traumatic stress disorder (PTSD)
- Spinal cord injuries
- Knee or hip injuries
- Organ damage or failure
- Shoulder injuries
- Concussions
- Neck injuries
- Fatal injuries
- Paralysis
- Loss of limbs
- Septic shock from infected lacerations
Remember, it is not the injury diagnosis that determines how much you should be awarded. The more seriously your life has been affected by your injuries, the more you can expect to be awarded if your car accident insurance and civil claims are successful.
What is a diminished value claim?
Your auto accident attorney from Moody Law will likely consider whether a diminished value claim should be included in your car accident lawsuit. Diminished value refers to your vehicle’s lost value, even after it has been repaired. As soon as your car is involved in an accident, its financial value rapidly deteriorates. Despite the fact that you may have gotten all the necessary repairs, the mere fact that the vehicle was involved in a collision makes it worth considerably less. A diminished value claim gives you an opportunity to be compensated for this loss of value.
Trust in Our Dedicated Ontario Car Accident Attorneys
After the trauma of your accident, the last thing you probably want to be doing is dealing with an insurance company or a complex lawsuit. However, these steps are necessary if you hope to ensure the individual or entity who caused your injuries is compelled to compensate you for your damages and held accountable for their recklessness. When you take action, you may be able to prevent their negligence from causing future collisions. This is your chance to take control of your future.
When you are ready to demand maximum compensation for your losses but are unsure of where to begin, reach out to our reputable Ontario auto accident lawyers from Moody Law. When you need a powerful legal advocate you can count on to get you through these trying times, our firm is here for you. Complete our convenient contact form or call our office to schedule your no-cost, risk-free consultation today.