Back matter

Final Takeaways

2 min read2 pages
  1. 1The first few minutes after a crash matter more than almost anything that follows. Documenting where the vehicles came to rest, before anything moves, creates evidence that can't be recreated later.
  2. 2Get medical care the same day or the next day, even if you feel fine. Adrenaline delays pain for hours. A documented gap in treatment is one of the easiest things an insurance adjuster can use against a claim.
  3. 3California's SR-1 form is due to the DMV within ten days, separate from any police report. Missing it risks a license suspension.
  4. 4California's minimum insurance limits, $30,000/$60,000/$15,000, are often too low to cover a serious crash. Your own underinsured motorist coverage, alongside medical payments coverage, is a real protection worth carrying, and carrying insurance on the day of a crash is also what keeps Proposition 213 from stripping your general damages. Opening a claim with your own insurer, which is how the other side confirms what you were carrying, doesn't raise your premium on its own.
  5. 5Pure comparative negligence means you can recover even if you were mostly at fault. A case that looks like a clear loss may still be worth pursuing.
  6. 6Say less, not more, to any insurer, including your own. Short, factual answers protect a claim better than a full explanation.
  7. 7A claim covers more than medical bills and repairs. Economic damages (including loss of use while your car is unavailable and GAP insurance on a total loss), non-economic damages, and, in rarer cases, punitive damages, and even a car's reduced resale value, can all be part of a complete claim.
  8. 8Insurers use predictable tactics: disputing liability, delaying settlement, and pointing to any gap in treatment. Recognizing them in the moment is what keeps them from working.
  9. 9Evidence has a shelf life. Camera footage loops over in about a week. A preservation letter is the tool for stopping that clock when you can't retrieve footage yourself in time.
  10. 10California usually gives you two years to file a lawsuit, but a claim against a government entity is due in six months, and the rule shifts for minors. Missing any of these deadlines can end a case regardless of its merits.
  11. 11Most personal injury lawyers work on contingency, usually around 33.3 percent, rising if the case goes into litigation. A free consultation costs nothing whether or not the firm takes your case.
  12. 12A dispute with your own insurer over underinsured motorist coverage often goes to private arbitration, not a jury. Strong evidence still matters there, but the outcome rests more heavily on one person's judgment than a courtroom case would.
FREE LEGAL GUIDE

Keep the whole book

Every chapter is free to read here. Download the PDF to keep the complete guide offline.

Download the Free PDF