Your Right to Choose
California lawmakers do not require drivers to only visit certain auto shops. You have the right to choose where to go for vehicle maintenance and repairs after a collision. Even your insurance company cannot lawfully force you to arrange repairs at a specific shop under the rules of the California Insurance Code.
How to Respond in a Tough Situation
Being in a car accident is the last thing anyone wants - but when it does
happen, there are ways of making sure that the legal and insurance issues
are handled with as little stress as possible.
- First of all - stay calm.
- If someone is injured, be sure to call for medical help.
- Make sure you call the police.
- Don't publicly make any statements where you either accuse the other person of causing the accident or take all the blame yourself. It could open you up to legal problems.
- Whatever you do, don't leave the scene until you've had a chance to talk with the officer and you've gotten their name. It's important to make sure that your side of the story goes on the record. Afterward, it's a good idea to get a copy of the police report.
- Make sure you have a pre-printed copy of your insurance information in the glove compartment, along with a camera you can use to provide pictures for the insurance company. A disposable camera with a flash for nighttime or interior shooting is usually best for this.
- In dealing with the other driver, make sure you get their name, address, driver's license number and insurance information - and that they get the same information from you.
- Also, make sure to get information from any witnesses as well.
- Make sure you get pictures of any physical evidence of what could have caused the accident.
- Write down pertinent details such as where the accident took place, what the weather was like, etc.
- Once the information's exchanged, report the accident to the insurance company immediately, even if it's not your fault.
- Make sure you understand how you're covered, and don't be afraid to ask the insurance company to explain the conditions of your coverage and payments.
- Don't be afraid to seek legal advice - and don't sign anything if you don't understand it.
- When you're using a body shop to get repairs to your vehicle, be aware that the insurance company can recommend a shop, but you are under no legal obligation to use its services. You have the legal right to choose the shop to do your repairs.
- Also be aware that insurance companies sometimes try to
dictate what type of parts are used in a vehicle's repair. They might
insist that a shop not use Original Equipment Manufacturer (OEM) parts, as
they are more expensive.
You have a right to know what kind of parts are being used on your vehicle, and to know if your insurance policy dictates what kind of parts can be used in your car. If your policy lets you choose, you have the right to decide for yourself. - An insurance company also has the right to inspect your vehicle, but it is not required to do so. In addition, they cannot require you to visit one of their own claim centers.
- And finally: Make sure you learn from this accident, but also let yourself move on from what happened. Everyone has an accident once in a while - it's just something that happens.
Remember - Drive Safely!
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Ensure Safety First:
The immediate priority after an accident is safety. If possible, move your vehicle to a safe location, turn on hazard lights, and check for injuries among yourself, passengers, and others involved. Call 911 for medical assistance if necessary.
Notify Law Enforcement:
Contact law enforcement as soon as possible. It's crucial to report the accident to the police as they will create an official accident report, which can be valuable for insurance claims and legal purposes later on.
Exchange Information:
Exchange contact and insurance information with the other parties involved in the accident. Gather names, phone numbers, license plate numbers, and insurance details. It would be ideal to be polite and cooperative during this process. Also, make sure to get information from any witnesses as well.
Document the Accident:
Take photos and videos of the accident scene, including vehicle damage, license plates, road conditions, and traffic signs. This visual evidence can be essential for insurance claims. Write down details such as where the accident took place, what the weather was like, etc.
Seek Medical Attention:
Even if you don't feel injured immediately, it's advisable to seek medical attention. Some injuries may not show symptoms right away, and a medical evaluation can help in documenting any injuries related to the accident.
Notify Your Insurance Company:
Report the accident to your insurance company as soon as possible. Provide them with all the necessary details, including the other driver's information and the accident report number.
Avoid Placing Fault:
While it's essential to cooperate with the authorities and share information, avoid admitting fault or making accusations towards anyone involved. Fault determination is often handled by the insurance companies and legal processes.
Contact an Attorney:
If the accident involves significant injuries or complex liability issues, consider consulting an attorney experienced in personal injury cases. They can provide guidance on your legal rights and potential claims.
Keep Records:
Maintain detailed records of all accident-related expenses, such as medical bills, repair costs, and any missed workdays due to injuries. This documentation will be crucial for insurance claims and potential lawsuits.
Follow Up with Insurance:
Stay in communication with your insurance company throughout the claims process. Cooperate with their investigations, provide requested documents promptly, and keep track of claim progress.
Additional Notes:
When you're using a body shop to get repairs to your vehicle, be aware that the insurance company can recommend a shop, but you are under no legal obligation to use its services. You have the legal right to choose the shop to do your repairs.
Also be aware that insurance companies sometimes try to dictate what type of parts are used in a vehicle's repair. They might insist that a shop not use Original Equipment Manufacturer (OEM) parts, as they are more expensive.