Personal injury
Motor vehicle accidents
A serious crash can change your life in an instant. We handle the insurers so you can focus on recovering.
A serious car, truck, or motorcycle crash can leave you with medical bills, lost income, and pressure from insurance companies to settle for far less than your claim is worth.
At Louie & Jimenez LLP, we represent injured drivers, passengers, motorcyclists, bicyclists, and pedestrians throughout the East Bay. We handle the investigation, the paperwork, and the negotiations so you can focus on recovering, and when an insurer refuses to offer a fair settlement, our trial attorneys are fully prepared to take your case to court.
With more than 60 years of combined trial experience, we examine every angle of your crash: police reports, witness statements, vehicle data, and medical records, to establish what happened and what your claim is truly worth.
Common questions
Car and motor vehicle accident questions
What should I do at the scene of a crash?
Check for injuries and call 911. Move to safety if the vehicles are drivable. Exchange names, license, registration and insurance details. Photograph everything: both vehicles, the position on the road, skid marks, signals, the other driver's plate, and any visible injury.
Get contact information for witnesses before they leave, because they almost never come back. Say as little as possible about fault, including to the other driver.
Do I have to report the crash to the DMV?
Often, yes, and people miss this. California requires an SR-1 report to the DMV within 10 days if anyone is injured, no matter how minor, or killed, or if property damage is over $1,000. That is in addition to any report made to police, the CHP, or your insurer.
Failing to file can put your license at risk on top of everything else.
How long do I have to file a claim after a car accident?
Generally two years from the date of the crash for injury claims (Code of Civil Procedure section 335.1) and three years for property damage (section 338).
If a government vehicle was involved, such as a city bus or a public works truck, the deadline compresses to roughly six months for an administrative claim (Government Code section 911.2). Call immediately in that situation.
The other driver had no insurance, or not enough. What now?
Your own uninsured and underinsured motorist coverage may apply, and it is worth checking even if you assume you do not have it. California's minimum liability limits are currently 30/60/15, meaning $30,000 per injured person, $60,000 per accident, and $15,000 for property damage.
A serious injury can exceed those limits quickly, which is exactly where underinsured motorist coverage matters. Bring your policy to the consultation.
The insurance company already offered me money. Should I take it?
Not before you know the full extent of your injuries. Early offers arrive early for a reason, and accepting one generally closes the claim for good, including for treatment you have not had yet.
Have someone review it before you sign a release.
I felt fine at the scene, but now I am in pain. Is it too late?
No. Soft tissue injuries, concussions and back injuries frequently present days later, and adrenaline masks a great deal at the scene.
See a doctor now and tell them it was a collision, so it is documented. Gaps in treatment are the first thing an adjuster points to.
What if I was partly at fault?
California uses pure comparative negligence, so being partly at fault reduces your recovery rather than barring it (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). If you are found 30 percent responsible, you may still recover 70 percent of your damages.
What if it was a rideshare, delivery, or commercial truck?
These cases work differently. Commercial policies are larger, there may be more than one responsible party, and companies preserve or lose evidence such as telematics and driver logs on their own schedule.
That evidence can disappear. The sooner a lawyer sends a preservation demand, the better.
The other driver drove off. Do I have any options?
Possibly. Report it to police promptly, and check whether your policy includes uninsured motorist coverage, which in many cases responds to hit and run collisions.
Traffic and business cameras near the scene can also be recoverable, but usually only if someone asks quickly.
What does it cost to talk to you?
The initial consultation is free. Call (925) 390-3035 and bring the police report number, photos, and your insurance policy if you have them.
General information about California law, not legal advice. Deadlines and outcomes depend on the facts of your case. Speak with an attorney about your situation.
Call or email us today to schedule a free consultation
There is no fee to talk it through, and no obligation afterward. English and Spanish.
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