Our Bloomington Car Accident Lawyers Can Help You
Bloomington is an unincorporated community and census-designated place (CDP) located in San Bernardino County. It is situated in the state of California, United States. The population was 23,851 at the 2010 census, up from 19,318 at the 2000 census. If you or a loved one has been involved in a car accident in Bloomington and require legal assistance to seek compensation for your losses and injuries, you may consider reaching out to an experienced Bloomington car accident lawyer at Pacific Attorney Group for guidance and representation.
When you’re involved in a car accident, the path to recovery can be long and difficult. Between expensive medical bills, car repairs, trying to deal with insurance companies, and suffering through lost wages, car accident victims can quickly become overwhelmed. Knowing when to seek the assistance of a Bloomington car accident attorney is essential in getting on the road to recovery and ensuring that you receive all of the compensation and damages you are due.
When to Seek the Assistance of a Bloomington Car Accident Lawyer
If you’ve been involved in a car accident, it’s important to know the warning signs that the situation is starting to become complex and you may need the assistance of a Bloomington car accident attorney. Obvious signs include:
- If a medical professional has advised you to consult a lawyer
- If the police report for the accident lists more than one party as being at fault
- The insurance company is offering you less than you believe you should receive.
In any of these cases, it is important to seek out the help of a qualified Bloomington car accident lawyer who can handle the intricacies of car accident law.
How Does Contributory Negligence Affect Your Car Accident Claim?
Contributory Negligence in car accidents refers to a legal concept that determines the extent to which each party involved in an accident is responsible for their injuries and damages. It is relevant in states that follow contributory negligence rules, but it is not applicable in California.
As of 2023, California follows “pure comparative negligence” rules in personal injury cases, including car accidents [1]. Under pure comparative negligence, each party involved in the accident can pursue a claim for damages even if they share some fault in causing the collision. However, the recovery is reduced based on the percentage of blame assigned to each party.
For example, if a car accident victim was found to be 60% responsible for the crash, and the total damages amount to $100,000, they can still sue the other driver for up to $40,000 (40% of the damages), reflecting their degree of fault in the accident. This principle allows accident victims to seek compensation, even if they were partially at fault.
Previously, California applied contributory negligence, which prohibited a person from recovering damages if their negligence contributed to the accident, even by a small percentage. However, this changed in 1975 when the California Supreme Court adopted pure comparative negligence rules.
Understanding the Basics of Negotiating with Insurance Companies
Negotiating with insurance companies can be challenging, but knowing what information the insurance company needs and following some essential steps can increase the chances of a successful outcome. Here’s a comprehensive guide to help you understand the process of negotiating with insurance companies:
- Determine the True Value of Your Vehicle: After a car accident, an insurance adjuster may make a determination of what it will cost to repair your vehicle, but it’s essential to figure out the true value of your car. Claims adjusters often try to pay the smallest amount possible, so researching your vehicle’s value can assist you in the negotiation process.
- Avoid Accepting the First Offer: Insurance adjusters may start with an extremely low first offer to see if you understand the value of your car and know how to negotiate. Avoid accepting the first offer and always negotiate for a fair settlement.
- Calculate a Minimum Settlement Amount: Determine the minimum settlement amount you are willing to accept for your claim. Keep this amount in mind during negotiations as your bottom line. However, refrain from revealing this number to the adjuster as it could impact their offer.
- Consider All Damages and Losses: When calculating a fair settlement amount, consider all aspects, including medical expenses, lost wages, pain and suffering, property damage, long-term medical care, and any other losses or damages caused by the accident.
- Draft a Demand Letter: Send a demand letter to the insurance company, providing detailed information about the car accident, injuries sustained, medical treatments, property damage, and other losses. Include the minimum settlement amount you would accept but do not disclose it to the insurance company.
- Expect a Lowball Offer: Be prepared for the insurance company’s response to your demand letter. Often, the initial offer may be significantly lower than what you requested. Be ready to negotiate further and justify your settlement amount with evidence.
- Know Your Contract: If you’re dealing with an insurance company regarding personal injury claims, become familiar with your insurance contract. Know the stipulations related to payment changes and when negotiations are allowed. Having this knowledge puts you in a position of power during negotiations.
- Be Prepared to Take Action: If negotiations with the insurance company are not yielding satisfactory results, be prepared to take action. This could involve hiring a personal injury attorney to advocate for your case or, in some cases, considering dropping an insurance company that does not offer fair compensation.
- Use Data and Evidence: Have solid evidence to back up your claim, including medical records, bills, repair estimates, witness statements, and any other relevant documentation that supports your case.
- Remain Persistent: Negotiating with insurance companies can be time-consuming and challenging. It’s essential to remain persistent and not be easily discouraged. If you believe you are entitled to fair compensation, continue advocating for your rights and the compensation you deserve.
Remember that negotiating with insurance companies requires patience, preparation, and a firm understanding of your rights and the value of your claim. If you find the negotiation process overwhelming, consider seeking assistance from a Bloomington car accident lawyer who can guide you through the process and help you achieve a fair settlement.
Schedule a Free Session With Pacific Attorney Group Today
There are many types of auto accidents that call for the advice and representation of an experienced attorney. Accidents can happen from a variety of causes such as speeding, heavy traffic, or just plain negligent driving, and the type of collision can greatly influence the resulting injuries.
Settlements are the most common outcome in personal injury claims, including car accident cases. They allow victims to receive compensation without the need for a trial, which can save time and reduce uncertainty. However, if a fair settlement cannot be reached through negotiations, victims may choose to pursue a car accident lawsuit to seek maximum compensation
If you have been injured in a car accident, then you need an experienced Bloomington car accident lawyer that will help you navigate difficult legal and medical obstacles that you will undoubtedly encounter. Call the Pacific Attorney Group at 1-800-358-9617 to speak with an aggressive Bloomington car accident attorney who has expertise with cases like yours. Your initial consultation is complimentary, and there is never a fee until we win your case.