San Jose Car Accident FAQ

If you’ve got questions about car accidents, we’ve got answers. Here are some common inquiries that we’re asked on a regular basis.


Am I at fault in a single-car crash?

While it’s likely that you will be deemed at least partly at fault in a single-car crash, it’s certainly possible that other variables could have played a role in your collision.

For example, the local government may be found liable in the case of roadways being poorly maintained, or a car manufacturer could be held responsible for defects in its vehicle that caused your crash.


How long do I have to file a claim?

California has a statute of limitations of two years for personal injury cases, meaning you have two years from the date of your accident to file a claim for compensation.

If the car accident is filed as a property damage suit, the statute of limitations is three years.


Can I seek compensation if I was partially at fault?

Absolutely. California is one of a handful of states that uses a standard called comparative negligence. This rule allows multiple parties to hold some legal liability for a crash.

Your compensation will be reduced by the portion of responsibility you’re found to hold, but you can still receive compensation.


Should I talk to the insurance company after the wreck?

In most cases, you should not directly talk to an insurance company without first consulting reliable legal representation.

Insurance companies may try to offer you a lowball settlement or twist your words to make it look like your crash was your fault. A lawyer can deal with insurers on your behalf.


What if the other driver doesn’t have insurance?

Should the at-fault driver not have insurance, you have the option of suing him or her, although this strategy isn’t always effective—if a driver can’t afford insurance, he or she is unlikely to have substantial personal assets.

For this reason, California has mandated that all drivers carry uninsured motorist coverage, unless they opt to waive the provision. It may be tempting to go without uninsured motorist coverage, but more drivers lack adequate coverage than you might expect.


Car Accident Lawyer

For answers to any other questions you have or to hire qualified legal help, get in touch with a car accident lawyer at Bohn & Fletcher, LLP. Give us a call at 408-279-4222 or fill out the form below.