In a major accident, someone hit me from behind , please advise CA attorney

Asked about 2 years ago - Santa Clara, CA

Someone hit me from behind in a major street. His car is wrecked and mine is really damaged at the back. I called 911 and they connect me to the police station. The CHP officer did not create police report but he gave a card with case# and his name/badge in it. He said there is a more priority accident where it involves rollover/life that he needs to attend to immediately so he needs to go. Although I got a witness who came by. Also, the other driver told me he admit fault and he will settle with me and we exchanged insurance info/took pictures.

Now, do I need to call the other drivers insurance first to file the claim? Do I need to involve my insurance at all? Also, my back started hurting few hours after the accident. I don't want my premium to go up since I'm not at fault. Pls advise!

Attorney answers (7)

  1. 13

    Lawyers agree

    Answered . You can actually consult with any CA attorney who can advise you and represent you. You deserve to be compensated for all of your damages and losses since you were not at fault. I f you are going to hire an attorney to represent you ( which I recommend since settlements with lawyers typically are much higher) do not speak to the other party's insurance company without the lawyer. You should report it to your carrier and file the required papers with the DMV but the lawyer can take care of that for you as well. It's common when there is no police report for the other party to change their story about how the accident happened so you have to be careful. You could even file a counter report at the police department with a lawyers help. Most importantly you should go to the doctor today to document that you were injured in the accident and get the medical treatment you need. All the best to your for a speedy recovery.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more
  2. 14

    Lawyers agree

    Answered . Report it, and call one of the lawyers above in your state to evaluate your claim.

    Only 29% Contingency Fee! Phone: 215-510-6755
  3. 11

    Lawyers agree

    Answered . There is a requirement to report the accident to the DMV. Also, within 30 days, you must report this accident to yoour your insurance company. If you are hurt get treated and if your injuries get worse, conult with an attorney in your neighborhood. Do not worry about your premiums going up, most insurance companies do not penalize you if the accident was not caused by you. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., Abogado de Accidentes de Autos de California: 510-206-4492.... more
  4. 10

    Lawyers agree

    Answered . Yes a claim should be opened both under your insurance and the wrongdoers insurance. Your premium shouldn't go up since the accident was not your fault. If you're in pain, see a doctor. I highly suggest you retain a local personal injury attorney. All the best.

    This information is not, nor is it intended to be, legal advice, nor the formation of an attorney-client relationship.
  5. 7

    Lawyers agree

    Answered . Call an experienced personal injury attorney right now. There is nothing to gain by delay. Almost all personal injury attorneys handle cases without the requirement that you pay any legal fees out of your own pocket; the fees are paid from any settlement obtained from the opposing insurance company. It is a mistake not to contact an attorney right away.

    Brad C. Brereton

    In all cases it is advisable to consult an experienced attorney. Nothing stated herein is intended as legal advice... more
  6. 6

    Lawyers agree

    Answered . When someone is injured in a motor vehicle accident (especially a "rear ender" which means liability is pretty much a given... And it is not the one who gets rear ended), he or she should get immediate medical attention. Then, hire a personal injury attorney.

    Wen someone is injured, he or she should only be concerned with getting better, attending doctor visits, attending physical therapy, etc. The lawyer will handle the rest... Figuring out who to sue, whether insurance covers the accident, whose insurance should cover, etc.

    Fortunately, most of us personal injury types offer free consultations and take such cases on contingency, so there is nothing to fear in calling us.


    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    980 Montecito Drive, Suite 206
    Corona, CA 92879
    (951)520-9684 /

    "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito... more
  7. 6

    Lawyers agree

    Answered . You need to report the incident to your insurance carrier immediately. You should also open a claim with the other driver's insurance company as well. If you were injured, you should seek prompt medical attention and retain an attorney and let the attorney handle the reporting of the claims to both insurance companies.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
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