Best Car Accident Lawyers in Burlingame

About Car Accident Law in Burlingame, United States

Car accident law in Burlingame, California, is a part of personal injury law that focuses on issues arising when people are injured or suffer property damage as a result of automobile collisions. This area of law helps victims recover compensation for medical expenses, lost wages, pain and suffering, and vehicle repairs. Burlingame follows California state law, which uses a fault-based system. This means the person responsible for the accident is typically held liable for resulting damages. Navigating car accident cases often involves dealing with insurance companies, understanding liability, and adhering to strict legal deadlines.

Why You May Need a Lawyer

While not every car accident requires the assistance of an attorney, there are several situations where legal help is strongly recommended. If you have suffered serious injuries, incurred significant medical bills, or lost income due to the accident, a lawyer can help you understand your rights and work to maximize your compensation. Additionally, if the other driver disputes liability, if multiple parties are involved, or if an insurance company denies your claim or offers an unreasonably low settlement, an attorney can advocate on your behalf. Legal counsel is also valuable when navigating complex legal documents and court procedures, ensuring that you do not miss critical deadlines such as California's statute of limitations.

Local Laws Overview

Burlingame car accident cases fall under California traffic and personal injury laws. California operates under a comparative negligence system, meaning each party can be held responsible for their share of fault in the accident. Damages awarded may be reduced by your percentage of fault. California law requires drivers to carry minimum liability insurance. There is a two-year statute of limitations to file a personal injury claim from the date of the accident. In Burlingame, as in the rest of California, failure to report an accident that results in injury, death, or property damage over $1,000 to the California Department of Motor Vehicles can lead to license suspension and other penalties.

Frequently Asked Questions

What should I do immediately after a car accident in Burlingame?

Check for injuries, call 911 if necessary, exchange information with the other driver, document the scene with photos, and report the accident to the police if there are injuries or significant damage. Notify your insurance company as soon as possible.

When do I need to report a car accident in Burlingame?

California law requires you to report any accident involving injury, death, or property damage exceeding $1,000 to the Department of Motor Vehicles within 10 days.

Who is at fault in a car accident?

Fault is determined based on evidence collected such as police reports, witness statements, and traffic laws. California’s comparative negligence law allows for shared fault among drivers.

Will my insurance rates go up if I file a claim?

Filing a claim may result in higher premiums, especially if you are found to be at fault. However, rate changes vary depending on your insurance provider and your driving record.

How long do I have to file a lawsuit after a car accident?

You generally have two years from the date of the accident to file a personal injury claim and three years for property damage in California.

What if the other driver does not have insurance?

If the at-fault driver is uninsured, you may be able to claim uninsured motorist benefits under your own policy, if you have this coverage. Otherwise, legal action may be required.

How is compensation determined?

Compensation depends on the severity of injuries, cost of medical treatment, property damage, lost wages, and pain and suffering. The degree of fault also affects the amount you may receive.

Should I accept the insurance company’s first settlement offer?

It is often wise to consult an attorney before accepting an initial offer, as such offers may be lower than what you are entitled to receive.

Can I still recover damages if I was partially at fault?

Yes. Under California’s comparative negligence law, you can recover damages minus your percentage of fault. For example, if you are 20 percent at fault, your compensation will be reduced by 20 percent.

Do I really need a lawyer for a minor car accident?

For minor collisions with no injuries and minimal property damage, you may be able to resolve claims directly with the insurance company. However, if you experience unforeseen medical issues or complications, consulting a lawyer is recommended.

Additional Resources

- California Department of Motor Vehicles: Information on accident reporting requirements and driver responsibilities. - California Office of Traffic Safety: Data and safety programs for California drivers. - San Mateo County Superior Court: Information on filing small claims or personal injury lawsuits locally. - National Highway Traffic Safety Administration: Educational materials on accident prevention and safety. - Local Legal Aid Organizations: Many provide free or low-cost legal advice for car accident victims.

Next Steps

If you or a loved one has been involved in a car accident in Burlingame, consider the following steps: prioritize your health by seeking medical attention; gather all relevant documentation including photographs, police reports, and medical records; file a claim with your insurance provider; consult with a local attorney to discuss your rights and options, especially if you face injury, liability disputes, or insurance complications. Most car accident lawyers offer free initial consultations and operate on a contingency fee basis, meaning you only pay if you win your case. Take action promptly to protect your legal rights and maximize your chance for fair compensation.