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Car accident law in Oakland revolves around the concept of 'fault'. Like much of California, the person who causes a car accident in Oakland is responsible for covering the damages and injuries caused by the accident. This includes medical expenses, lost wages, property damage, and sometimes even 'pain and suffering' damages. Car accident laws also require drivers to report any accidents to California's Department of Motor Vehicles within 10 days if the accident caused over $1000 in total property damage or any injuries or deaths.
If you've been involved in a car accident, especially one where there are injuries, significant property damage, or disputes over fault, having a lawyer can be extremely beneficial. They can assist in collecting evidence, negotiating with insurance companies, filing all necessary paperwork, and advocating for you in court if necessary. A lawyer can be especially useful when there are complicated legal issues, serious injuries, or substantial money at stake. They can also help you understand and navigate the complex processes involved in resolving car accident claims.
While the broader California laws around car accidents apply in Oakland, there are also local city ordinances and specifics you should be aware of. Oakland, like many cities in California, requires drivers to carry minimum amounts of liability insurance ($15,000 for one person's injuries, $30,000 for injury to more than one person and $5,000 for property damage). This is to help ensure that damages can be compensated in the event of an accident. In addition, if an accident occurs in a construction zone, fines may be doubled. Also, drivers involved in accidents involving injuries, deaths, or property damage exceeding $750 are required to stop and report the incident to local law enforcement.
Immediately after an accident, ensure the safety of yourself and others if possible, report the accident to law enforcement, seek medical attention if necessary, exchange information with the other parties involved, document the scene, and report the accident to your insurance company.
In California, you have 10 days to report a car accident involving an injury, death, or property damage over $1000 to the Department of Motor Vehicles.
If the other driver does not have enough insurance to cover your damages, or no insurance at all, you may need to file a claim with your own insurance company under your uninsured/underinsured motorist coverage if you have it.
It's generally not advisable to accept the first offer as it can often be a low-ball offer. A lawyer can help you negotiate a fair settlement.
Yes, if you were at fault in a car accident, the other parties involved can file a lawsuit against you for damages.
For those seeking additional information, turn to the DMV's California Driver Handbook, which has an entire chapter on accidents and insurance, and the City of Oakland's local ordinances. The California Department of Insurance also provides valuable resources on auto insurance claims and policy coverage questions.
If you need legal assistance in a car accident case, consider consulting with a car accident lawyer. They can offer guidance, help you understand your rights and possible compensation, and advocate for you during negotiations or in court if necessary. When selecting a lawyer, look for one specializing in car accident cases—they should have a deep understanding of California’s complex accident laws and have experience dealing with insurance companies. Be sure to bring all relevant information (police reports, medical records, etc.) to your initial consultation.
