Filing a car accident insurance claim after a Bakersfield traffic accident involves a series of steps to keep you safe, comply with California law, and receive fair compensation. When you are acquainted with:
– immediate steps to be taken after an accident
– legal obligations in California and Bakersfield
– by the application process
– for years.
– and local resources
You’ll be able to protect your rights and your financial interests, and if you need further consultation call our Bakersfield car accident lawyer who is available 24/7 to answer your questions.
If You Had a Car Accident, Do the Following
Stay safe and check for injuries
First, move to a safe area (such as the road shoulder) if possible and check yourself and others for injuries. Call 911 immediately if anyone is hurt. Getting medical help and preventing further accidents is the top priority.
Contact the Police
ven for minor accidents, it’s wise to call the police. In California, you are required to report an accident to law enforcement within 24 hours if there are any injuries or deaths. In Bakersfield, that means the Bakersfield Police Department (BPD) if you’re within city limits or the California Highway Patrol (CHP) if on a highway or outside city limits. The responding officers will create an official accident report. If police do not come to the scene, you should file a police report yourself as soon as possible (preferably within 24 hours) by visiting a local station or using BPD’s online reporting system.
Exchange Information
California Vehicle Code §16025 requires drivers in an accident to exchange identifying and insurance information. Failure to do so can result in penalties. Exchange contact and insurance information with the other driver such as
- their name
- phone number
- address
- driver’s license number
- license plate
- insurance policy details
Provide the same information to them. Also note the make of their vehicle.
Take Photos at the Accident Scene
Take photos of the accident scene, vehicle damage, skid marks, and any visible injuries. If there are witnesses, politely ask for their names and contact information. This evidence can be very useful when filing your car accident insurance claim.
Refrain From Making Statements About Responsibility
When speaking with the other driver or witnesses, stick to the facts. Do not admit blame or say things like “I’m sorry” or “I wasn’t hurt.” Even casual statements can be misinterpreted. For example, don’t prematurely say you are uninjured some injuries (like whiplash) manifest later, and saying “I’m fine” could undermine your claim if you discover injuries later.
What Reports Do You Have to File After an Accident
California law mandates certain accident reports for any collision involving bodily injury or death, you must report it to the police or CHP within 24 hours, and for any collision involving injury, death, or property damage over $1,000, you must file a SR-1 report with the DMV within 10 days. This means even if police responded and made a report, you have a separate duty to notify the DMV if the $1,000 damage/injury threshold is met. Failing to report to DMV when required can result in driver’s license suspension, so don’t overlook this step.
Depending on where the accident occurred, you may work with BPD or CHP. Bakersfield Police Department’s Traffic Section can assist with local accident reports; their Westside Substation (1301 Buena Vista Rd.) handles in-person reporting and they also offer online reporting on the city website.
How to File a Car Accident Insurance Claim in Bakersfield 15 Contacting Your Insurance Company
Most insurance policies require you to report any accident “promptly” or within a certain time frame, so don’t delay. It’s best to inform your insurance company as soon as possible, even if you think the other driver is at fault and their insurance will pay. Call your insurer’s claims hotline (many have 24/7 numbers) or use their mobile app or website to start the car insurance accident claim. Provide basic facts: when and where the accident happened, who was involved, and a brief description of what happened and any injuries. Reporting an accident to your insurer does not automatically mean you are filing a car accident insurance claim for payout; it can simply be notifying them of a potential claim. But this notification is important to preserve your coverage and rights.
If the other driver was clearly at fault, you have the option to file a claim with their insurance (a “third-party claim”). You can contact their insurance company directly to report the accident. However, you should still tell your own insurer about the incident, because your policy likely requires cooperation and it can help in case the other party’s coverage is insufficient or disputing fault.
When you initiate the car accident insurance claim with either insurer, be ready to provide details and documents. Typically, you will need:
- Your information: Name, policy number, contact info.
- Other driver’s information: Their name, insurance company and policy number, contact info, license plate, and vehicle details.
- Accident details: Date, time, location of accident, a brief description of what happened (facts only).
- Police report number: If police responded, you’ll have a report or incident number. The insurer will eventually ask for a copy of the police report. If you already have the report or receipt, share it. If not, let them know which department (BPD or CHP) and report number if available.
Under California law, you have the right to use any licensed repair shop an insurer cannot require a specific shop. If you already have an estimate or repair bill, share it. If your car is declared a total loss, you’ll need documentation of its pre-accident value (the adjuster will determine this, but you can gather mileage, condition, and any recent upgrades/maintenance record.
If you’re unsure what’s needed, ask the insurance adjuster for a checklist. It can also help to keep a written account of the accident and aftermath while it’s fresh in your mind.
What Happens After You File a Car Accident Insurance Claim
Once the claim is reported, you should receive a claim number – write this down and keep it handy. After you file the claim, your insurance company will assign a claims adjuster to handle your case. This person will investigate the accident, review the damage, and determine fault and payment. You may need to give a recorded statement (more on that in the next section), allow them to inspect your vehicle, and possibly provide additional information. Respond promptly to phone calls or emails from the adjuster and provide the documentation they request (copies of the police report, medical bills, etc.). Cooperation and honesty are key – your policy likely requires you to cooperate in the claims process. However, remember you are not obligated to accept everything the insurer says if you disagree; you simply need to provide information and be truthful. Create a folder for all claim-related materials, including emails, letters, and notes from phone calls. This organization will help if any disputes arise or if you need to reference something later.
Timeline Expectations for Claims Processing in California
After you report the claim, the insurance company should acknowledge receipt of your claim and start the investigation quickly. In California, insurers must acknowledge your claim and begin investigation within 15 days of you notifying them. This means an adjuster will likely contact you within a few days of the accident to introduce themselves and get more details. They might also inspect the vehicle or ask you to take it to a drive-in center or body shop for assessment.
California’s Fair Claims Settlement Practices regulations require that the insurance company accept or deny your claim within 40 days after they have all necessary information and proof of your claim.
If the claim isn’t resolved within that initial 40-day period, the insurer must send you a written update every 30 days explaining the status and why more time is required.
Once a settlement is agreed upon or the claim is approved, California law says the insurer must pay within 30 days of the agreement.
How Long Does It Take to Resolve Car Accident Insurance Claim
For minor accidents with only property damage (no injuries) and clear fault, the entire claims process might be fairly quick – sometimes resolved in a couple of weeks to a month. You would get your car repaired and any expenses reimbursed in that timeframe. However, for more complicated cases – especially those involving injuries – it can take longer. If you were injured, the insurance company may wait until you have finished medical treatment (or reached a stable condition) before concluding the claim, so they know the full extent of medical costs. This could take several months if you have ongoing treatment or therapy. It’s generally advised not to settle an injury claim until you either finish treatment or at least know the prognosis, because you only get one settlement.
Why Struggle Alone? Bojat Law Group Handles Car Accident Insurance Claims in Bakersfield
An accident on the roads of Bakersfield can turn your life upside down in an instant. And what follows? A maze of deadlines, mountains of forms and insurers who want to minimize your compensation. Our team of Bakersfield car accident lawyers is familiar with all the details of the filing a claim process and can help you resolve the problem in the most effective way. Why risk your compensation? Call (818) 877-4878 for a free consultation.
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