San Clemente Accident Lawyer

California is a fault insurance state. This means under California Insurance Code – INS § 11580.1, the individual or entity who caused the accident will be expected to compensate the victim for the full value of their losses. Generally, this applies to auto insurance claims. Every motorist is required to carry auto insurance coverage per the California Department of Insurance, which may lead you to believe you file a claim with your own auto insurance provider after a collision. However, since California is a fault insurance state, you file a claim with the liable party’s insurance company instead.

As you can imagine, you may receive a lot of pushback from the insurer, as they will lose money by paying out on your claim. Fortunately, when you have your car accident attorney handle the claim filing and negotiations on your behalf, you do not need to worry about being taken advantage of or manipulated into accepting a settlement that is less than your damages are worth.

After being involved in a car accident, your vehicle will lose value. You may be able to get the vehicle repaired and back in working order, but even with the highest quality repairs, your vehicle will be worth less after it has been involved in a collision. This is known as diminished value. This is a type of loss you can seek compensation for as part of your car accident claim in San Clemente.

Most diminished value claims are filed in conjunction with your insurance claim. However, if the insurance company is engaging in bad faith tactics or otherwise refuses to settle your claim reasonably, we may need to take further legal action in court.

When filing a car accident lawsuit, your claim must be initiated within two years of the accident date according to California Code of Civil Procedure § 335.1. The personal injury statute of limitations deadline is in place to ensure claims are filed in a timely manner. While two years is the maximum deadline, every case is different, and you may find yourself with more time than you were expecting, particularly if you have a minor child who was in a car accident or your injuries were not diagnosed until days, weeks, or even months after the wreck.

When this happens, the statute of limitations countdown will temporarily pause. This is known as “tolling” the statute of limitations. If you are unsure how much longer you have to file your car accident lawsuit, do not hesitate to connect with our catastrophic injury attorneys to get the clarity you need.

No, it is almost never in an injury victim’s best interest to accept a lump sum settlement offer from the insurance company. Remember, insurance companies are self-serving. They only make money by paying out as little as possible on claims while bringing in as much as possible in premiums. Insurance adjusters are often responsible for picking apart claims to look for reasons to deny them. When you receive a lump sum settlement offer from the insurance company, it is almost always because the insurance company sees the true value of your damages and does not want to be responsible for the costs.

By making you a lump sum settlement offer, they can absolve themselves from future liability. The offer of quick cash is often tempting for injury victims who are struggling to stay afloat. However, if your condition rapidly deteriorates and requires further medical expenses, the insurance company will not be expected to pay out anymore if you have accepted a lump sum settlement. Before you accept the insurance company’s offer, make sure you review it with your car accident attorney in San Clemente from Text Kevin Accident Attorneys. We will be by your side ready to renegotiate the settlement terms and ensure the insurance company meets their financial obligations.

You can seek punitive damages in your car accident claim, but you cannot sue for them. Punitive damages are not a loss you are entitled to recover the way you are entitled to compensatory relief. Under California Civil Code Section 3294, punitive damages will only be awarded in limited circumstances.

The defendant’s actions must have been egregious, malicious, intentionally harmful, or grossly negligent for a punitive damages award to apply. For example, if the driver who hit you was intoxicated and has a history of drunk driving on their criminal record, punitive damages may be appropriate. However, if the driver who hit you did so because their tire blew out, punitive damages would not apply.

Getting medical attention as soon as possible after your accident in San Clemente should be one of your top priorities. Here are some of the top-rated urgent care facilities, medical groups, and hospitals nearby:

South County Urgent Care

1300 Avenida Vista Hermosa Suite 100

San Clemente, CA

92673

Located in: Talega Business Park

(949) 218-8050

MemorialCare Medical Group – San Clemente

638 Camino De Los Mares Suite D4

San Clemente, CA

92673

Located in: Ocean View Plaza

(877) 696-3622

Camino Health Center

1300 Avenida Vista Hermosa #250

San Clemente, CA

92673

Located in: The Courtyards At Talega

(949) 240-2272

The emotional distress of your collision may be too much to bear. Speaking with a counselor or therapist can do wonders for your mental health. Here are some of the most reputable therapists located in San Clemente, CA:

San Clemente Psychological Services

629 Camino De Los Mares Ste 207

San Clemente, CA

92673

Located in: Plaza De Los Meres

(949) 228-9080

Balanced Growth Counseling

616 S El Camino Real Suite G6

San Clemente, CA

92672

Located in: LA PLAZA

(949) 610-8972

Testimony Life

613 S El Camino Real

San Clemente, CA

92672

(949) 466-2131

San Clemente is approximately an hour and a half from Los Angeles. If you take CA-73 South for approximately 69 miles, you will get there in just over 90 minutes. Here is the most direct route from San Clemente to Los Angeles:

DIRECTIONS

• Head northwest on W Temple St toward N Broadway
• Turn right to merge onto US-101 S
• Merge onto US-101 S
• Keep right to stay on US-101 S
• Merge onto I-5 S
• Take exit 130B to merge onto I-710 S toward Long Beach
• Take exit 4 to merge onto I-405 S toward San Diego
• Keep left at the fork
• At the toll road keep right
• Merge onto I-405 S
• Keep left at the fork
• Merge onto I-405 S
• Keep left at the fork
• Merge onto CA-73 S
• Merge onto I-5 S
• Take exit 75 for Ave Palizada toward San Clemente
• Turn right onto E Avenida Palizada
• Turn left onto N El Camino Real
• Arrive in San Clemente, California