What Evidence Determines Fault?

Investigators, insurers, and courts may look at the following evidence to determine fault in a California personal injury case:

• Traffic violations: Speeding, running a red light, unsafe turns, and other violations.
• Police reports: Officer observations, driver statements, citations, and scene conditions.
• Witness statements: Independent accounts that support or contradict the drivers’ versions.
• Video and vehicle data: Dashcam, surveillance footage, and available vehicle data.
• Expert analysis: Accident reconstruction when the sequence of events remains disputed.

Our car accident injury lawyers can evaluate these factors when the drivers give conflicting accounts or an insurer disputes liability.

What If the Insurance Company Disputes Your Claim?

An insurance company may dispute your claim by questioning fault, minimizing your injuries, challenging your medical treatment, disputing your lost income, or arguing that your damages are lower than you claim. For example, an insurance adjuster may question whether your injuries came from the accident, argue that you had a preexisting condition, challenge the need for certain treatment, or offer less than the amount supported by your losses.

An early settlement offer can create another problem when you have not yet established the full extent of your injuries or future losses. You should never accept a settlement offer without first consulting a car accident lawyer who can assess what the offer actually covers and whether it accounts for your losses.

Here’s what you can do when an insurer disputes your personal injury claim:

• Get It in Writing: Understand exactly why the insurer disputes your claim.
• Gather Your Evidence: Accident records, medical records, bills, wages, and other losses.
• Challenge Their Position: Address disputes over fault, injuries, treatment, or damages.
• Know Your Deadlines: Do not let an insurance dispute cause you to miss a legal deadline.
• Escalate When Needed: Consider further review, a regulatory complaint, or litigation.

When an Insurance Company Questions Your Injuries

An insurer may argue that an injury existed before the accident, that treatment was unrelated to the collision, or that the medical care was excessive. These disputes can affect how the insurer values the claim, particularly when treatment continues or the full impact of an injury has not yet become clear.

Our experienced car accident injury lawyers California have seen many instances where insurance companies dispute the extent of a client’s injuries or argue that a claim is worth less than the documented losses. In one case, we recovered $840,000 in a California automobile accident after challenging the insurer’s position on our client’s injuries and claim value.

How We Build a California Car Accident Claim?

To build a strong California car accident claim, we need to establish who caused the collision, how the accident affected you, and what losses resulted from your injuries. California follows a comparative negligence system, so the evidence may also determine whether more than one person contributed to the accident and how responsibility should be divided.

1. Investigate the Accident
We begin by establishing what happened at the scene. Our team reviews the police report, photographs, video, vehicle damage, witness accounts, and other available evidence to understand how the collision occurred and identify the facts that support your claim.

2. Establish Who Was at Fault
We examine the circumstances of the crash to determine whether another driver failed to use reasonable care and caused the collision. This can involve reviewing traffic violations, conflicting statements, physical evidence, and other factors that help establish liability.

3. Document Your Injuries
We gather your medical records, treatment information, bills, and other documentation related to your injuries. Our team, including Geoffrey Kasler, Esq. and Armin Abazari, Esq., reviews this information to document the impact of the accident and understand your ongoing medical needs.

4. Calculate Your Losses
We document the financial losses connected to your injuries, including medical expenses and lost income. We also consider ongoing treatment and future medical needs when assessing the full extent of your damages.

5. Present and Pursue Your Claim
Once we establish liability, injuries, and losses, we bring the evidence together to present your claim to the insurance company. Our California car accident attorneys negotiate based on the documented evidence and damages, and we are prepared to pursue litigation when the insurer refuses to reach a fair resolution.

Injured in a California Car Accident?

A serious car accident in California can leave you dealing with injuries, medical bills, lost income, and insurance disputes. You do not have to handle the claim alone.

Our California car accident attorney reviews the circumstances of your accident, discusses the issues affecting your claim, and explains your available options. If you need guidance after a California car accident, contact us for a free consultation.