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Most car accident claims are decided long before anyone sees a courtroom — in the back-and-forth with an insurance adjuster over who was at fault and what your injuries are actually worth. Here's what actually shapes that negotiation, and what to do right after a crash.
Fault gets argued over, not just assigned
California's pure comparative negligence rule means insurers have a financial incentive to push as much fault onto you as they can — every percentage point they shift your way is a percentage point they don't have to pay. A rear-end collision looks simple until the other driver claims you stopped suddenly; a left-turn crash gets contested over exactly when the light changed. Police reports, dashcam and intersection camera footage, and witness statements — gathered quickly, before memories fade and footage gets overwritten — are what settle these arguments in your favor.
Two policies usually matter, not one
The at-fault driver's liability coverage is the obvious source of recovery, but California's current 30/60/15 minimum often isn't enough for a serious injury. Your own policy matters too — specifically your uninsured/underinsured motorist (UM/UIM) coverage, which can fill the gap when the other driver is underinsured, uninsured, or flees the scene. Checking both policies, not just assuming the other driver's insurance will cover everything, is one of the first things worth doing after a crash.
If a rideshare vehicle was involved
Uber and Lyft accidents add a layer of complexity: coverage can shift dramatically depending on whether the driver's app was off, on and waiting for a ride, or actively transporting a passenger — with company coverage ranging up to $1 million once a ride is accepted. Sorting out which policy applies, and when, takes a careful look at the driver's app status at the moment of the crash.
If the other driver was drunk
When the at-fault driver was impaired, the case changes in an important way: California's Proposition 213, which otherwise limits pain-and-suffering damages for uninsured claimants, doesn't apply if the driver who caused the crash was convicted of DUI — meaning you can recover full damages even if you didn't have insurance yourself. Proving the impairment holds up is exactly the kind of evidence Ron has built and tested from the DUI-defense side of the courtroom since 2009.
What to do after a car accident
- Get medical care — even if you feel okay. Some injuries (whiplash, concussions, soft-tissue damage) don't show symptoms right away, and a documented medical record close to the crash date matters for your claim.
- Document the scene — photos of both vehicles, license plates, the road/intersection, and any visible injuries; get the other driver's insurance information and any witness names and numbers.
- Be careful what you say — to the other driver, to their insurer, and even to your own insurer, before talking to an attorney. A recorded "I'm fine" can be used to minimize your claim later.
- Don't wait too long to call — evidence disappears, memories fade, and if a government vehicle or road defect was involved, the claim deadline can be as short as six months.
Why work with Ron Chini
Ron handles your car accident claim directly — reviewing the police report, dealing with the insurance company, and building your case for the compensation you're owed. You pay no fee unless we win. See the full personal injury overview →
Ron is an experienced attorney; he does not claim to be a certified specialist, and no result is ever guaranteed.
Car accident FAQ
What if the accident was partly my fault?
The other driver didn't have insurance — now what?
How long do I have to file?
Ron has practiced law from his Irvine office since 2009. You work directly with him — not a paralegal or a call center.
Learn more about Ron Chini →