Orange County Car Accident Lawyer

What happens in a car accident claim

Almost every car accident case follows the same line. You get treated. We collect the police report, the photos, the medical records and the bills. We find every insurance policy that could pay, including your own. When your treatment has run its course, we send the insurer a demand. Most cases settle from there. If the insurer will not pay what the case is worth, we file suit in the Orange County Superior Court.

The stages page walks through each step, and how long a case takes explains what moves the timeline.

Who pays

The other driver's liability insurance pays first. In California the minimum is $30,000 for one injured person and $60,000 for everyone hurt in the crash. Many drivers carry only that, and some carry nothing. Read what policy limits are.

When the other driver's coverage runs out, or there is none, your own uninsured and underinsured motorist coverage can pay the rest. The same is true after a hit-and-run. Your own medical payments coverage can pay bills while the case is open. Read uninsured motorist claims and why to call your own insurer.

If the other driver was working, for a delivery company, a contractor, or Uber or Lyft, the employer's policy may apply too. Read hit by a company vehicle and rideshare accidents.

Who writes the report

• Freeways and toll roads — the 5, the 405, the 55, the 57, the 91 and the 73, 133, 241 and 261 toll roads are covered by the California Highway Patrol.
• City streets — the city's own police department or, in Aliso Viejo, Mission Viejo, Laguna Niguel, Laguna Hills, Lake Forest and the county's other contract cities, the Orange County Sheriff's Department.

Read how to get a police report in Orange County.

What the insurer will fight about

In a rear-end crash, fault is usually not the fight. The fight is about the injury: whether the crash caused it, whether the treatment was needed, and what the bills are really worth. Insurers look for gaps in treatment, prior injuries, and anything on social media that suggests you are fine.

If you were partly at fault, you can still recover. California reduces your recovery by your share of the fault; it does not bar the claim. Read partly at fault, gaps in treatment and whiplash and soft-tissue injuries.

The first few days

• Get checked by a doctor, even if you feel fine. Some injuries, concussions especially, show up later.
• Photograph the cars, the scene and your injuries. Ask nearby businesses to save their video before it is recorded over.
• Report the crash to your own insurer.
• Do not give a recorded statement to the other driver's insurance company. You are not required to. Read why not.
• If anyone was hurt or the damage is over $1,000, California requires a report to the DMV (form SR-1) within 10 days.

The full list is on what to do after a car accident.

Deadlines

In California you generally have two years from the crash to file an injury lawsuit. If a city, county or state vehicle or road was involved, a written claim usually must be filed with that agency within six months. Do not wait to find out which applies to you.

Where we take car accident cases

Anywhere in Orange County, and anywhere in California and Arizona. Some cities have their own pages: Aliso Viejo, Mission Viejo, Laguna Niguel, Laguna Hills, Lake Forest, Irvine, Santa Ana, Anaheim, Huntington Beach, Newport Beach and Fountain Valley.

Why Boyd

In 2015, three weeks after he sat the bar exam, a drunk driver hit Boyd while he was cycling in Huntington Beach. He dealt with an insurance company as a client before he ever did it as a lawyer. You will talk to him, not a case manager, and he speaks Spanish fluently. The fee is a percentage of what we recover; if there is no recovery, there is no fee. Read how the contingency fee works.