If You Were In A Car Accident, The At Fault Party Must Provide Information

After a car accident, the at fault party must identify themselves.  A driver involved in an injury accident resulting is required by statute to stop immediately at the scene of the accident(Veh. Code § 20001) and to identify himself or herself by giving name, current residence address, the registration number of the vehicle he or she was driving, the name and current residence address of any occupant of the driver’s vehicle injured in the accident, and the name and current residence address of the owner of the vehicle, to the person who was struck, to the driver or occupants of any vehicle collided with, and to any traffic or police officer present at the scene of the accident. (Veh. Code § 20003) The driver is also required to render reasonable assistance to any person injured in the accident, including the transporting, or making arrangements for transporting, that person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if that transportation is requested by the injured person. (Veh. Code § 20003) Also, the driver or any injured occupant of the driver’s vehicle must, on request, exhibit his or her driver’s license, if available, or, in the case of an injured occupant, any other available identification, to the person struck, to the driver and other occupants of any vehicle collided with, and to any law enforcement officer at the scene of the accident. (Veh. Code § 20003) Failure to identify oneself, provide the information described above, render reasonable assistance as described above, or exhibit identification, as required by Veh. Code § 20003, is a misdemeanor. (Veh. Code § 40000.13)

Who Was At Fault In A Car Accident?

Sometimes a person involved in an accident does not think it was there fault. A motorist is required to exercise reasonable care in the operation of a vehicle on the highway. He or she is required to use the degree of care that would be required of a reasonably prudent driver acting in similar circumstances. Whitford v. Pac. Gas & Elec. Co. (1955) 136 Cal. App. 2d 697, 702.  The care required of a motorist of ordinary prudence necessarily varies with the circumstances. Scott v. Mackey (1958) 159 Cal. App. 2d 690, 699, 324 P.2d 703.  Generally, for a motorist on the highway to meet the test of ordinary care, he or she must maintain a reasonable lookout for traffic lawfully on the highway. Downing v. Barrett Mobile Home Transp., Inc. (1974) 38 Cal. App. 3d 519, 524. In exercising ordinary care, the driver also must keep his or her vehicle under such control that to avoid a collision he or she could stop as quickly as might be re quired by eventualities that would be anticipated by an ordinarily prudent driver in a like situation. Downing v. Barrett Mobile Home Transp., Inc. (1974) 38 Cal. App. 3d 519, 524.  Therefore, if the other driver was not paying attention and crashed into your car, they should be at fault.

If They Were At Fault for the Car Accident, Will Insurance Pay For Everything?

Yes and no.  Insurance companies uses their claims adjusters and attorneys to pay the minimum amounts they are obligated to pay after an accident. Insurance is a business.  Insurance Companies do not increase profits by paying claims on time or at full value. This sad fact becomes glaringly clear after you are in an accident and trying to get your car fixed, get a rental car, see a doctor or receive compensation for your injuries.  When dealing with the insurance company, you need a lawyer who will look out for your best interests and make sure you are receiving the full benefits of insurance.  Contact The Krolikowski Law Firm for more information about protecting your rights, including fixing your car, getting medical attention and receiving just compensation for missed work and any pain and suffering.

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