Your San Francisco Car Accident: The Basics

You're in the end-of-day jam on Van Ness, trying to get out of the city. As your light turns green, you start to move into the intersection. Suddenly, another car comes out of nowhere, running his red light and slamming into the driver's side of your car. You wake up in a hospital bed at St. Francis Memorial. Sound familiar? Your San Francisco car accident may not have looked exactly like this one, but if you've been in an auto accident in the city or nearby, there are some things you should know. The guide below contains answers to some of your SF car accident questions and, perhaps, some answers to questions you didn't even know you had.

What should you do and what must you do after an SF car accident?

Most people would agree that, after a car accident, you should stop and make sure no one is injured. However, not everyone knows that there are certain steps that are required of you by California law if you're involved an accident.

First, you must stop. If you simply leave the scene of an accident, you could be charged with a “hit and run”.

Second, you must provide reasonable assistance to anyone who was injured in the accident. This may mean preforming first aid if you are first aid certified, transporting seriously injured people to the hospital, and calling emergency medical services.

Third, you must exchange information with others involved in the accident, including your current address, driver's license information and proof of “financial responsibility” (see the next question below for more on this topic).

Fourth, if you hit an unattended vehicle, you must either stay with the vehicle until the owner returns or leave a note with the aforementioned information attached securely to the damaged vehicle.

There are additional reporting requirements if your accident caused any injury or death or over $750 in property damage. The California Department of Motor Vehicles (DMV) has published an informative pamphlet that includes information on mandatory reporting laws for California car accidents and minimum insurance requirements.

There are other steps that you should take after your car accident to ensure that you have documented the cause of the accident and the damage it caused in case of a later dispute over liability. These steps include documenting the statements and contact information of witnesses, taking photographs of damage and the scene, and keeping a careful record of any medical expenses you incur as a result of the accident. FindLaw's article After a Car Accident: First Steps discusses each step in more detail.

What is “financial responsibility” and how does it work in California?

Financial responsibility refers to minimum insurance or financial requirements that all Californians need to meet before they can register their vehicles with the DMV. The minimum insurance requirements for vehicle registration in California are as follows:

• Up to $15,000 for injury or death to one person;
• Up to $30,000 for injury or death to more than one person;
• Up to $5,000 for damage to property.

Alternatively, you may present to the DMV as proof of financial responsibility either: 1) a cash deposit of $35,000, or 2) a surety bond for $35,000 from a California-licensed business.

How can you work with an insurer to resolve an auto accident claim?

Because there are financial responsibility requirements for registering a vehicle in California, you'll most likely be dealing with an insurance company if you're involved in a car accident in SF. Liability (who pays) for a car accident is generally based on California negligence law: any party who bears a portion of the fault for the accident will be liable for damages caused by the accident proportionate to his or her fault.

When you put a claim in with an insurance company, an insurance adjuster will use available evidence to determine fault in the accident. Once fault has been determined, the insurer will offer you a settlement or deny your claim.

If you think your claim has been improperly denied or delayed, start by using the internal appeals or complaint procedures that every insurance company must have to do business in California. If you're still not satisfied, file a complaint against the insurer with the California Department of Insurance. FindLaw's section, Injury Claims and Insurance, also has a wealth of helpful information about working with insurance companies.

What if you need to file a lawsuit?

You've tried to settle your liability dispute through informal channels, but you feel that it's time to file a lawsuit. If you haven't already done so, now would be a good time to consult an attorney about your car accident case. Oftentimes, hiring an attorney can maximize your recovery in court while saving you a lot of time and effort. Many attorneys offer initial consultations for free.

You or your attorney will file your complaint with San Francisco County Superior Court's Civil Division. After you've filed a complaint, you must “serve” the defendant in the case with the complaint and instructions on how to answer. The defendant or his or her attorney will file an answer to the complaint with the Superior Court. Then, each side will use a process called discovery to request evidence and information from the other side.

Once the defendant feels that he has all of the information he needs, settlement negotiations might begin. Each side might also make pretrial motions to the resolve the case before it goes to trial. The vast majority of negligence cases are resolved before the trial stage. However, if you want to be prepared for anything, FindLaw's article What Happens at Trial gives you an overview of the steps of a typical personal injury trial, which is probably similar to what you'd encounter at a San Francisco car accident trial.