If you’ve been injured in a car accident in California, understanding how the claims process works is critical to protecting your rights and recovering fair compensation. Insurance companies often make the process seem straightforward, but in reality, car accident claims can be complex, especially when injuries, disputed fault, or significant damages are involved.

At Fetto Law Group, our experienced Walnut Creek car accident attorneys guide clients through every step of the claims process while aggressively pursuing the compensation they deserve.

Step 1: Seeking Medical Attention After the Accident

The first and most important step after any car accident is getting medical care. Even if you believe your injuries are minor, some serious conditions—such as head, neck, or spinal injuries—may not show symptoms immediately.

Prompt medical treatment:

• Protects your health
• Creates medical records linking injuries to the accident
• Prevents insurance companies from arguing your injuries were unrelated or worsened by delay

Delaying treatment can significantly weaken a car accident claim.

Step 2: Reporting the Accident

After seeking medical care, the accident must be properly reported. In California, this typically includes:

• Filing a police report at the scene or shortly after
• Reporting the accident to your insurance company
• Submitting a Traffic Accident Report (SR-1) to the California DMV if required

Police reports often contain critical information such as witness statements, diagrams, and observations that can play a key role in determining fault.

Step 3: Determining Fault in a California Car Accident

California follows a comparative negligence system. This means fault can be shared between multiple parties, and your compensation may be reduced based on your percentage of responsibility.

Insurance companies will investigate by reviewing:

• Police reports
• Witness statements
• Vehicle damage
• Photos or video evidence
• Medical records

Having a skilled car accident lawyer helps ensure fault is properly evaluated and unfair blame is challenged.

Step 4: Filing an Insurance Claim

Most car accident claims begin with an insurance claim against the at-fault driver’s policy. This claim seeks compensation for damages such as:

• Medical expenses
• Lost wages
• Property damage
• Pain and suffering

Insurance adjusters may request recorded statements or documents. Speaking with a lawyer before providing statements can help protect your claim.

Step 5: Negotiating a Settlement

Once the full extent of your injuries and damages is known, your attorney will present a demand for compensation. Insurance companies often respond with low settlement offers designed to minimize payouts.

At Fetto Law Group, cases are prepared as if they are going to trial. This approach strengthens negotiation leverage and signals to insurers that unfair offers will not be accepted.

Step 6: Filing a Lawsuit if Necessary

If the insurance company refuses to offer fair compensation, filing a lawsuit may be necessary. In California, the statute of limitations for car accident injury claims is generally two years from the date of the accident.

Litigation may involve:

• Discovery and evidence exchange
• Depositions
• Expert testimony
• Court hearings or trial

Attorney Fetto has never lost a case he has taken to trial, giving clients confidence that their case is in experienced hands.

Step 7: Resolution Through Settlement or Trial

Many cases resolve through settlement before trial. However, when insurers refuse to act fairly, going to court may be the best path to full compensation.

Whether through negotiation or litigation, having an experienced, trial-ready attorney is often the difference between an undervalued claim and a successful recovery.

Why Legal Representation Matters in Car Accident Claims

Insurance companies aim to pay as little as possible. A car accident attorney understands the legal system, insurance tactics, and how to maximize claim value through evidence, negotiation, and litigation when needed.

At Fetto Law Group, our Walnut Creek car accident attorneys bring over 37 years of experience and a proven track record of success to every case.

Speak With a Walnut Creek Car Accident Attorney Today

If you’ve been injured in a car accident, you don’t have to navigate the claims process alone. Legal guidance can help protect your rights and ensure you are treated fairly.