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WHY IS THE INSURANCE COMPANY TRYING TO BLAME ME FOR MY CAR ACCIDENT?

Posted on Wednesday, September 11th, 2019 at 3:35 am    

Categories: Accident Attorney, Accident Injury, Attorney At Law, California, Car Accident

Tags: , , , , , , , , , , , , ,

Being involved in a Sacramento car accident can be overwhelming. Even when no one is seriously injured, dealing with the property damage claims can be time-consuming and frustrating. Minor injuries can result in significant medical bills and lost wages. Traumatic injuries could result in hundreds of thousands of dollars in damages and life-altering conditions.

The first step in recovering reimbursement for your financial losses and compensation for your damages is to file an injury claim with the insurance company for the other driver. However, what happens when the insurance company blames you for causing the accident?

Who Has to Pay for a Car Accident in California?

California uses a fault-based theory for automobile accidents. The party, usually one of the drivers, who is responsible for causing the crash is liable for any damages arising from the crash. Damages in an automobile crash typically fall into one of two categories: financial damages and non-economic damages.

Financial damages are the expenses and costs related to the accident and injuries as well as any financial losses caused by the accident and injuries. Examples of financial damages that are common in car accident cases include:

  • Medical expenses, including doctor’s bills, hospital stays, surgeries, therapy, medications, and medical equipment
  • Loss of income, including past and future loss of income and diminished earning potential
  • Property damage to the vehicle and other personal property
  • Cost of personal care and assistance with household chores
  • Other out-of-pocket expenses and costs, such as travel expenses to and from doctor’s visits

Non-economic damages are often referred to as pain and suffering. Pain and suffering include a victim’s physical, emotional, and mental suffering caused by the auto accident and the injuries. It can also include permanent impairments, disabilities, scarring, and disfigurement caused by the injuries sustained in the crash. It can be very difficult to place a value on a person’s pain and suffering after a traffic accident. An experienced Sacramento car accident attorney understands the complexities of calculating noneconomic damages and how to maximize the recovery for these damages by using the facts of the case.

In most cases, the insurance company for the at-fault driver pays the injury claim for a victim. However, the insurance companies attempt to lessen their liability in several ways, including blaming the other driver for causing the accident.

Why Would the Insurance Company Try to Blame Me for the Accident?

Under California’s comparative fault laws, a driver who is at-fault for an accident cannot recover compensation for damages from the other driver. Furthermore, if a driver is partially at fault for causing a car crash, the compensation paid to that driver can be reduced by the percentage of fault assigned to the driver.

Therefore, if the insurance company can prove that you were at least partially at fault for the cause of the crash, it can lower the amount it pays to you for your claim. For example, if your damages total $200,000, but you are found to be 50 percent at fault for the crash, the most you can receive for your claim is $100,000.

Insurance companies try to use comparative fault laws to decrease the amount they must pay to accident victims. Don’t let an insurance company take advantage of you. Talk to a California car accident attorney immediately if the insurance company tries to blame you for causing the crash.

Contact Our Sacramento Car Accident Attorneys for Help

Contact our Sacramento car accident attorneys for a free consultation by calling The Tiemann Law Firm at (916) 999-9000 or by visiting our website.

Client Testimonials

Elizabeth Ochoa Testimonial
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I chose Tiemann Law Firm to help me after a car accident I was involved in. Throughout the entire process, Moe made sure to keep me updated, he always responded quickly whenever  I had questions about anything. My case won thanks to this law firm and its dedication. My experience with Tiemann Law Firm was amazing! 10/10 recommended.

Dawniel Ewing Testimonial
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I have nothing but great things to say about this firm. They have been extremely helpful and professional when dealing with my case. Anytime I needed anything or wanted to be updated they responded immediately. They made me feel like they cared. Highly recommend them!

Michael T. Testimonial
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I sat down and met with Jelena Tiemann about my vehicle accident.I presented all of my documentation to her in which she gave me her assessment.Although the Tiemann Law Firm wont be representing me because my settlement offer was pretty good she was very clear,forward and professional about what she felt could and couldn't be done.I recommend this law firm to anyone who needs a helping hand at fighting a case where you don't have to worry about the outcome not going in your favor. Please don't review this business if you received a freebie for writing this review, or if you're connected in any way to the owner or employees.

Herb T. Testimonial
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The Tiemanns were referred to me by a friend and I am exceptionally happy with the service I received. I had never been in an accident before. I had no idea what to do. Jelena verbally explained how everything would work to me, and she and Peter handled everything. I didn't have to lift a finger once. They went above and beyond for me and I am extremely grateful. I pray I won't ever need this type of assistance again, but I will definitely be referring them to friends and family.

Jennifer T. Testimonial
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I highly recommend The Tiemann Law Firm! I had never before been in a situation where I sustained injury and had to seek legal representation. I was nervous, traumatized, and had no idea what to expect. Jelena, Peter, and their staff walked me through each step of the process. They explained everything in detail. They patiently answered all my questions, responded quickly to every email, text message, phone call, etc. I felt totally prepared for each new phase of the legal process. Furthermore, they were fearless in their defense of me. In certain situations, when I felt attacked or scared my attorney protected me like I was family. Their diligence, honesty, integrity, and compassion provided a true sense of healing and closure for my family and I. The Tiemann Law Firm accomplished more for me than I ever thought possible and I am forever grateful.

Hanna Padilla Testimonial
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From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!

S.B. Testimonial
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Here's the thing... Nobody really thinks much about lawyers until they need one.  Well, we needed one!  The Tieman Law Firm came through for us in a big way. They were professional, courteous, thorough, and had excellent staff as well.  Highly recommended...

Star Fire Testimonial
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It is hard to put into words the care and dedication that I received from the Tiemann’s. They have been here for me every step of the way and were always available when I had questions or concerns. My husband and I will be forever grateful for everything they have done for us and our family. Thank you so much for all of the hard work and time you have put into my case, we greatly appreciate it and your friendship. We highly recommend this firm and will always be thankful for everything they have done. Thank you so much again, Kim

Jereme S. Testimonial
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No one wants to have to hire a lawyer, but if you do. I prefer Tiemann Law. They helped a family member who was injured on the job, and the company did not want to compensate him even though, the injury occurred on the job on company time. Jelena was always professional in explaining the lengthy process of fighting a large corporation. 2 years later he finally is receiving the deserved compensation.

Maye Ly Testimonial
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I just saw my lawyer Jelena Tiemann on a t.v ad, which reminded me how much she helped when I was in a desperate situation. I just love her! That is why I feel a need to tell everyone. I had a situation that happened & didn’t know what to do, our where to go. I didn’t even know if she could help me or if any lawyer could. All I wanted was it to go away & was afraid most lawyers wanted to drag it out & possibly go to court. For one she was very professional but was very personable (maybe b.c she’s a lady). She didn’t make me feel embarrassed or self-conscious that I did something wrong or was the cause of the situation. She immediately said we should try our best before going to court. Let me handle some paperwork, if at the last we do go to court we have documents. She gave me all the details, pros and cons but reassured me she deals with these cases all the time. She came through and made it as painless as possible. I now have my life back.

Matt H. Testimonial
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I was in a car accident a while back where I was injured and had to miss work for an extended period of time.  After nearly a year of fighting with the insurance company with no results and no progress, I met with Jelena Tiemann.  I couldn't have asked for a more responsive and supportive advocate.  We quickly reached a settlement and I finally was able to move from the stress and burden of feuding with my insurance.  I highly recommending meeting with Jelena if you're in need of a lawyer.

Jennifer Birdseye Testimonial
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Tiemann Law Firm helped us with an injury case for my nephew. They were very knowledgeable and we are very happy with the service they provided. The entire staff is topnotch!

Lendzey Garcia
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I was in a very bad/ major car accident I originally had an attorney who wasn’t trying to help me out much or take any of my calls so I called Tiemann and told them my situation. They made it an AWESOME and Smooth transition over to them and took on both cases I had. I just settled on my big case and am beyond great full. For them and their team! I highly recommend them. To add on to this a little On how much they will work with you, I moved to Montana in the middle of all Of this and it was not an issue!