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What to Do After a Car Accident in California

What to Do After a Car Accident in California: Comprehensive Guide

Car accidents can be overwhelming and disorienting, leaving you unsure of what steps to take next. In the aftermath of a collision, knowing how to protect your rights, ensure your safety, and navigate the legal and insurance processes is crucial. 

 

At Mayberry Law, we understand the challenges you face after an accident and are here to guide you through each step. This comprehensive guide provides you with clear, authoritative, and empathetic advice on what to do after a car accident in California, helping you make informed decisions during a stressful time. 

Whether you are dealing with injuries, vehicle damage, or insurance claims, our expert team is dedicated to supporting you every step of the way.

what to do after a car accident in california

What to Do Immediately After a Collision?: Step by Step

Experiencing a car accident can be overwhelming, but knowing what to do after a car accident can help you stay calm and handle the situation efficiently. Here’s a step-by-step guide to follow:

  1. Stay calm and assess the situation: After a car accident, it’s crucial to remain calm. Take a deep breath and assess the situation. Determine if you or anyone else is injured. Staying calm will help you think clearly. You’ll then take the needed steps to fix the situation. A calm assessment of the situation lets you make rational decisions. They can help minimize further harm or complications.
  2. Check for injuries: The first thing to do after a car accident is to check yourself and others for injuries. If anyone is hurt, call 911 immediately. Even minor injuries can hide serious issues. So, seek medical help. Prompt medical care can prevent complications. It also documents claims. This step ensures that all injured parties get care and their injuries are recorded.
  3. Move to a safe location: If the accident is minor and your vehicle is drivable, move it off the road to prevent further accidents. Turn on your hazard lights to alert other drivers. Moving to a safe spot helps avoid more crashes. It keeps you and others safe. This precaution helps prevent further accidents and reduces the risk of additional injuries.
  4. Call 911 and report the accident: Regardless of the severity of the accident, call 911 to report it. The police will document the scene and make an accident report. It is vital for insurance claims and legal matters. An official report gives an objective account of the incident. It can be vital in disputes or claims. This step creates a formal record of the accident. It also makes sure law enforcement knows of the situation.
  5. Exchange information with other parties: Share your contact and insurance info with the other driver(s). It includes names, addresses, phone numbers, driver’s license numbers and insurance info. Accurate info is key for insurance claims and any legal actions that may follow. Correct info for all parties helps smooth communication and claims processing.
  6. Document the scene: Take photos and videos of the accident scene. Include the vehicles, any damage, and the road conditions. Make notes about the accident while the details are fresh in your mind. This documentation can be key evidence for your account. It can also help with your insurance claim. Detailed records give a clear, accurate account of what happened. This is vital in legal and insurance matters.
  7. Gather witness information: If there are witnesses, ask for their contact info and a brief statement of what they saw. Witnesses can provide valuable third-party accounts of the accident. Their statements can support your story. They may offer new views on how the accident happened. Independent witness statements can help your case. They provide unbiased accounts of the incident.
  8. Contact a lawyer: A lawyer who specializes in car accidents can help you. They can explain your rights and ensure you get fair compensation. A lawyer can guide you through the legal process and help handle insurance claims. Legal expertise is vital for navigating post-accident procedures. It helps secure the best outcome for your case.

What Should You Do If Someone Is Seriously Injured in a Collision?

Knowing what to do after a car accident is crucial, especially when someone is seriously injured. Here are the essential steps to take if you find yourself in this situation:

  1. Call 911 immediately: The first thing to do after a car accident with serious injuries is to call 911. Tell the dispatcher the location, the number of injured, and their injuries’ severity. This ensures that emergency medical services are dispatched promptly. The sooner they arrive, the better the chance to save lives.
  2. Do not move the injured person: Unless there is an immediate danger, such as a fire, do not move the injured person. Moving someone with serious injuries can potentially worsen their condition. Wait for professional medical personnel to arrive and handle the situation. They have the training and gear to move the injured safely. This reduces the risk of further injury.
  3. Provide basic first aid: If you are trained in first aid, you can provide basic care without moving the injured person. This might include applying pressure to stop bleeding. Or, helping them breathe. However, avoid performing any actions that could cause further harm. First aid can stabilize the injured person until help arrives. This may greatly improve their chances of survival.
  4. Stay with the injured person: Stay with them and offer reassurance. Let them know that help is on the way. Your presence can provide comfort and help keep them calm in a stressful situation. Knowing what to do after a car accident can help. It can improve their experience. Reassuring words and a calm demeanor can help the injured person feel safer while waiting for help.
  5. Gather information for medical personnel: When emergency responders arrive, give them info about the accident and the injured person’s condition. This can help them give the best possible care and expedite treatment. Details like how the accident happened, any injuries, and the injured person’s response can be crucial for first responders.
  6. Document the scene: While waiting for emergency services, if it’s safe to do so, document the scene of the accident. Take photos and videos of the vehicles, any damage, and the road. This documentation can be valuable for insurance claims and legal matters. Accurate records of the scene can help reconstruct the accident and determine liability.
  7. Contact a lawyer: After getting the injured person medical help, contact a car accident lawyer. They can help you understand your rights and navigate the legal aspects of the situation. A lawyer can help with insurance claims, settlements, and lawsuits.
  8. Follow up on medical care: Make sure the injured person follows up on all medical care and keeps records of their treatment. This is crucial for their recovery and any potential insurance or legal claims. Medical records can prove the injuries and treatments. Continuous and comprehensive medical care can help the injured person recover fully. It can also strengthen any legal case related to the accident.

What Not to Do After a Car Accident: Mistakes to Avoid

Knowing what to do after a car accident is important, but it’s equally crucial to understand what not to do. Here are common mistakes to avoid to ensure you handle the situation properly:

  1. Skipping medical attention: one of the biggest mistakes you can make after a car accident is skipping medical attention. Even if you feel fine, some injuries may not be immediately apparent. Seeing a doctor ensures that any hidden injuries are detected and treated promptly. It also creates a medical record that can be vital for insurance claims and legal matters.
  2. Leaving the scene: never leave the scene of a car accident until it is appropriate to do so. Leaving the scene can result in severe legal consequences, including charges for hit-and-run. Stay until the police arrive, gather necessary information, and ensure that everyone involved is safe.
  3. Neglecting to call the police: failing to call the police after a car accident is a common mistake. A police report provides an official record of the incident, which can be crucial for insurance claims and legal issues. Always call the police, regardless of the accident’s severity.
  4. Forgetting to document the scene: forgetting to document the scene of the accident can be detrimental. Take photos and videos of the vehicles, damages, and surrounding area. This documentation can be vital for insurance claims and legal cases.
  5. Signing anything without consulting a lawyer: Don’t sign any documents or settle anything. Consult a lawyer first. Insurance companies may try to settle quickly for less than you deserve. A lawyer can help protect your rights and ensure you receive fair compensation.
 

Avoid common mistakes and learn exactly what to do after a car accident with the help of Mayberry Law. Don’t let errors jeopardize your claim.

Get In Touch with Mayberry Law

Contact our experienced attorneys for a free consultation. Let Mayberry Law guide you. We will ensure you get the compensation you deserve. Contact us now to protect your rights and avoid costly mistakes.

Understanding Your Legal Rights

Understanding what to do after a car accident is crucial to protect your rights and ensure you receive the compensation you deserve. This guide will help you navigate the legal landscape in California.

California Car Insurance Requirements

In California, drivers must have car insurance. It must cover accident damages and injuries. Knowing the requirements and what to do after a car accident can help you. It will keep you compliant with the law and protect your finances.

Minimum Insurance Requirements

California law mandates that all drivers carry at least the following minimum amounts of car insurance:

  • $15,000 for injury or death to one person: This coverage will pay for costs from injuries or death to a single person in an accident. It covers medical expenses and lost wages.
  • $30,000 for injury or death to more than one person: This coverage raises the amount for injuries or death in multi-person accidents. It ensures that multiple victims can get paid for their medical bills, lost wages, and other costs.
  • $5,000 for property damage: This coverage is used to pay for repairs or replacement of property damaged in an accident, such as other vehicles, buildings, or roadside structures.

 

After a car accident, know what to do. First, ensure your insurance meets legal requirements. It’s essential to review your policy regularly and understand what is covered.

Personal Injury Laws in California

California has a “fault” system for car accidents. The responsible person is liable for damages. If you’re injured, you must know how to file a personal injury claim after a car accident. You may need to prove the other driver was negligent. And, their negligence caused your injuries.

Understanding Negligence

Negligence is a legal concept that refers to a failure to exercise the care that a reasonably prudent person would exercise in similar circumstances. In the context of car accidents, proving negligence involves demonstrating the following elements:

  • Duty of care: The other driver had a legal obligation to drive safely and follow traffic laws.
  • Breach of duty: The other driver breached this duty by being reckless. For example, they might have sped, run a red light, or driven under the influence.
  • Causation: The breach of duty directly caused the accident and your injuries.
  • Damages: You suffered actual damages from the accident. These include medical expenses, lost wages, and pain and suffering.

Compensation You May Be Entitled To

After a car accident, you may be entitled to compensation. It can help cover your costs and losses from the incident. Knowing the types of compensation and how to claim them can greatly affect your recovery. Here’s a detailed overview of the compensation you may be entitled to:

1. Medical Expenses

After a car accident, you may be entitled to compensation. It can help cover your costs and losses from the incident. Knowing the types of compensation and how to claim them can greatly affect your recovery. Here’s a detailed overview of the compensation you may be entitled to:

2. Lost Wages

After a car accident, you may be entitled to compensation. It can help cover your costs and losses from the incident. Knowing the types of compensation and how to claim them can greatly affect your recovery. Here’s a detailed overview of the compensation you may be entitled to:

3. Pain and Suffering

Pain and suffering refer to the physical pain and emotional distress you endure as a result of the accident. This type of compensation is more subjective and can include:

  • Physical pain: Chronic pain, discomfort, and limits from accident injuries.
  • Emotional distress: Anxiety, depression, PTSD, and other trauma from the accident.
  • Loss of enjoyment of life: Compensation for activities and hobbies you can no longer enjoy due to your injuries.
  • Permanent disfigurement or disability: More pay if the accident causes severe scarring, a lost limb, or other permanent injuries.

To calculate pain and suffering compensation, we often use a multiplier method. It involves multiplying your total medical expenses by a number, usually between 1.5 and 5. This estimates the non-economic damages. A personal injury lawyer can help determine a fair amount based on the specifics of your case.

4. Property Damage

It covers the costs to repair or replace your vehicle and any other property damaged in the accident. This includes:

  • Vehicle repairs: Costs for repairing your car to its pre-accident condition. If the car is totaled, compensation will cover its fair market value.
  • Rental car costs: Expenses for renting a car while your vehicle is being repaired or replaced.
  • Personal property: Compensation for other personal items damaged in the accident. This includes electronics, clothing, and other valuables.

For your claim, gather repair estimates, receipts, and photos of the damage. An insurance adjuster will usually inspect the damage. They will assess the cost of repairs or replacement.

Is California a No-Fault State?

No, California is not a no-fault state. The at-fault driver must compensate the other parties for the accident. In a fault-based system like California’s, you must establish liability. You must also know how to protect your rights and get fair compensation. 

After a car accident in a fault state, you must do several key things. They will help you gather evidence and support your claim. This includes: taking photos of the scene, obtaining witness statements, securing a copy of the police report, and getting medical attention to document any injuries. 

These steps will help prove the other driver’s negligence. They will help you get paid for medical bills, property damage, lost wages, and pain and suffering.

Who Pays for Car Damage in California?

In California, the at-fault driver usually pays for car damage. However, your insurance may also cover some of the costs, depending on your policy. After a car accident, contact your insurance company right away. 

Provide them with all the info they need to process your claim. After an accident, report it to your insurer. Get repair estimates. Then, file a claim with both your insurance and the at-fault driver’s insurance. 

Your policy’s collision or uninsured motorist coverage can help. It covers costs if the at-fault driver is uninsured or underinsured. Following these steps will help. It will speed up the repair process. It will also ensure your vehicle is fixed promptly and correctly, minimizing costs to you.

How Long Do You Have to File a Claim After an Accident in California?

In California, the time limit to file a claim after a car accident varies by claim type. You must understand these time limits. They are crucial. They protect your right to seek compensation for injuries or property damage. After a car accident, know what to do. Be aware of deadlines. Act quickly to protect your legal rights.

Understanding your legal rights is crucial in knowing what to do after a car accident. Let Mayberry Law help you navigate this challenging time. Our experienced attorneys will ensure you understand your rights and get the compensation you deserve. 

Consult Our Car Accident Lawyers

Contact Mayberry Law now for a free consultation and expert guidance on what to do after a car accident. 

Call (213) 348-9169 today for a free consultation.

How to Start a Claim for a Car Accident in California: Legal Steps and Obligations

Properly documenting the incident is essential. Thorough documentation can significantly impact the success of your claim. When you know what to do after a car accident, you can ensure that you gather the necessary evidence to support your case effectively. Here are the key steps to document the accident comprehensively:

Document the Accident

Right after the accident, gather as much evidence as possible. This includes photos of the vehicles, any injuries, road conditions, and traffic signs. This evidence is crucial for proving fault and supporting your claim. The more detailed and comprehensive your evidence, the stronger your case will be.

1. Gather Evidence at The Scene

Right after the accident, gather as much evidence as possible. This includes taking photos of the vehicles involved, any visible injuries, road conditions, and traffic signs. This evidence is crucial for proving fault and supporting your claim.

  • Photos of the vehicles: Take photos from different angles. They should show all the damage to the vehicles. Include close-ups of the damage and wider shots. They should show the vehicles’ positions to each other.
  • Visible injuries: Photograph any visible injuries sustained by you or any passengers. These photos can provide visual proof of the physical harm caused by the accident.
  • Road conditions: Document the road conditions at the time of the accident, such as wet or icy roads, potholes, or debris. These conditions can be relevant in establishing fault.
  • Traffic signs and signals: Take photos of any traffic signs, signals, or road markings near the accident scene. These elements can be crucial in determining how the accident occurred and who was at fault.

2. Record a Video

If possible, record a video of the accident scene. This can provide a more comprehensive view of the situation, capturing details that photos might miss. A video can also help in demonstrating the extent of the damage and the context of the accident.

  • Walkthrough of the scene: Record a walkthrough of the entire accident scene, narrating what you see. Point out relevant details, such as vehicle positions, road conditions, and any skid marks or debris.
  • Interviews: If possible, record brief interviews with witnesses or the other driver. Capture their statements about what happened, as these can be valuable in supporting your version of events.
  • Real-time documentation: A video can show, in real-time, the accident’s immediate aftermath. It provides an unedited account of the scene.

3. Down Details

Write down all relevant details about the accident. Include the time, date, location, weather conditions, and any statements made by the other driver or witnesses. These details are essential when filing a claim and can help in recalling the incident accurately later.

  • Time and date: Record the exact time and date of the accident. This information can be important for establishing a timeline of events.
  • Location: Note the precise location of the accident, including street names, intersections, and landmarks. This helps in accurately identifying the accident site.
  • Weather conditions: Document the weather conditions at the time of the accident. Weather can play a significant role in how accidents occur and can influence fault determination.
  • Statements: Write down any statements made by the other driver or witnesses. Include quotes if possible, as these can provide direct evidence of what was said at the scene.

4. Collect Official Documents

Collect all official documents related to the accident. This includes the police report, medical reports, repair estimates, and any correspondence with insurance companies. These documents are necessary for substantiating your claim.

 

  • Police report: Obtain a copy of the official police report. This document has the investigating officer’s account of the accident. It includes statements from drivers and witnesses, and any citations issued.
  • Medical reports: Keep all medical records and bills related to injuries sustained in the accident. These documents provide evidence of the physical harm you experienced and the treatment you received.
  • Repair estimates: Gather repair estimates or bills for vehicle damage. These documents are essential for proving the extent of property damage and the costs associated with repairs.
  • Insurance correspondence: Save all correspondence with insurance companies, including emails, letters, and claim forms. This documentation can help track the progress of your claim and serve as evidence if disputes arise.
Do you have to call the police after a minor car accident?

Report the Accident to the Police

Knowing what to do after a car accident is crucial, and reporting the accident to the police is one of the essential steps. Here’s a detailed look at this process:

When to Call The Police?

  1. Seek a second opinion: Consult another pediatric specialist to verify the diagnosis and treatment.
  2. Collect medical records: Gather all medical documents, including test results, prescriptions, and treatment notes.
  3. Document symptoms and treatment: Keep a detailed record of your child’s symptoms, treatments, and any changes in their condition.

Why Calling the Police Is Important?

Reporting the accident to the police creates an official record. This is vital for insurance claims and legal matters. The report will include: the date, time, and place of the accident; the parties involved; witness statements; and the officer’s assessment.

What to Expect When the Police Arrive

When the police arrive at the scene of the accident, they will:

  • Assess the situation to ensure everyone’s safety.
  • Take statements from all parties involved, including drivers, passengers, and witnesses.
  • Document the scene by taking notes and photographs.
  • Create an official accident report, detailing the events and observations.
  • This report is key for knowing what to do after a car accident. It gives an objective account of the incident that can support your claim.

What Happens if You Don't File a Police Report After an Accident in California?

Failing to file a police report after an accident in California can have serious consequences:

  • Difficulty proving fault: Without a police report, it may be hard to prove fault in the accident. This could complicate the claims process.
  • Insurance issues: Insurance companies rely on police reports to process claims accurately. Without a report, your claim might be delayed or denied.
  • Legal penalties: Failing to report an accident with injuries or major damage can lead to fines and possible criminal charges.

File a Report with the DMV

In California, you must file a report with the DMV if the accident resulted in injury, death, or property damage exceeding $1,000. This is a critical step in what to do after a car accident to ensure you comply with state laws. The form you need to complete is the SR-1 form, and it must be submitted within ten days of the accident.

California Specific Requirements

Understanding the specific requirements for filing a report with the DMV in California is essential. Here’s a detailed look at what you need to know:

  • Complete the SR-1 Form: The SR-1 form is the official document used to report a car accident to the California DMV. This form is available on the DMV website. Make sure to fill it out accurately and completely.
  • Include medical documentation: If the accident caused any injuries, include medical documents with your report. This is an important part of what to do after a car accident to ensure all injuries are officially recorded.
  • Provide insurance information: Your insurance information must be up-to-date and included in the report. It includes details about your insurance policy and any claims related to the accident.
  • Submit the report within ten days: It is mandatory to submit the SR-1 form within ten days of the accident. Failing to do so can result in penalties or the suspension of your driving privileges.
File a Report with the DMV

Take The First Step

If you believe you are dealing with a medical malpractice case, it is essential to act quickly to protect your rights and build a strong case. Contact us today to schedule your free consultation and take the first step towards justice.

Call (213) 348-9169 today for a free consultation.

How to Deal with Insurance Companies in California After a Car Accident

After a car accident, you must know your insurance policies. You also need to know how to deal with insurance companies. Knowing what to do after a car accident is vital. It can help you get the right compensation.

Auto Insurance

Auto insurance has two types: first party and third party. Each serves a different purpose.

1st Party Insurance

First-party insurance covers your vehicle and medical costs. It covers you and your passengers, no matter who caused the accident. This includes:

  • Collision coverage: Pays for repairs to your vehicle if it’s damaged in a collision.
  • Comprehensive coverage: Covers damages to your vehicle from non-collision incidents, such as theft, fire, or natural disasters.
  • Medical payments coverage: Helps pay for medical expenses incurred by you and your passengers due to the accident.

3rd Party Insurance

Third-party insurance, or liability insurance, covers damages you cause to others. It covers injuries to other drivers, passengers, and their property. This includes:

  • Bodily injury liability: Pays for injuries you cause to others in an accident.
  • Property damage liability: Covers the cost of damage you cause to someone else’s property, such as their vehicle or a fence.

Dealing with insurance companies can be overwhelming, but knowing what to do after a car accident is essential. Let Mayberry Law assist you in understanding insurance policies and navigating the claims process. Contact Mayberry Law now for a free consultation and expert guidance on what to do after a car accident.

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Medical Payments (MedPay)

After a car accident, you must know your insurance policies. You also need to know what to do to get proper compensation. Medical Payments (MedPay) coverage is an essential part of your auto insurance that you need to be aware of. Here’s a look at MedPay coverage. It will detail its benefits and how it can help you manage medical costs after an accident.

Coverage

MedPay is a type of coverage in your auto insurance policy that helps pay for medical expenses resulting from a car accident, regardless of who is at fault. Understanding this coverage is crucial in knowing what to do after a car accident to manage medical costs effectively. MedPay can cover a wide range of medical expenses, including:

  • Emergency room visits: Costs associated with immediate medical attention needed after the accident.
  • Hospital stays: Expenses for inpatient care if you need to be hospitalized.
  • Medical tests: Fees for diagnostic tests like X-rays, MRIs, and CT scans.
  • Surgical procedures: Costs for any necessary surgeries resulting from accident injuries.
  • Doctor appointments: Follow-up visits to your primary care physician or specialists.
  • Rehabilitation: Physical therapy and other rehabilitative services required for recovery.

Knowing what to do after a car accident includes utilizing your MedPay coverage to ensure all necessary medical treatments are covered without delay.

No Deductibles or Co-Payments

One of the significant advantages of MedPay is that it typically does not require deductibles or co-payments. This means you can access medical care immediately without worrying about out-of-pocket expenses. Knowing this can alleviate some of the stress associated with what to do after a car accident.

The immediate availability of funds for medical expenses ensures that you or your passengers can receive prompt and necessary medical care without financial barriers. This feature is particularly beneficial in emergencies where timely medical intervention is crucial.

Supplemental Coverage

MedPay acts as supplemental coverage to your health insurance. It can cover expenses that your primary health insurance may not, such as:

  • Ambulance fees: Costs for emergency transportation to the hospital.
  • Chiropractic care: Expenses for chiropractic treatments often required for back and neck injuries.
  • Prosthetic devices: Costs for prosthetic limbs or devices needed due to injuries sustained in the accident.

This comprehensive support is vital in ensuring that you and your passengers receive the necessary medical attention after a car accident. Understanding the scope of MedPay can help you better manage your health and recovery by filling in the gaps left by your primary health insurance.

Funeral Expenses

In the unfortunate event of a fatality resulting from a car accident, MedPay can also cover funeral expenses. This provision ensures that families do not face additional financial burdens during such a difficult time. Understanding this aspect of MedPay is part of knowing what to do after a car accident to support your family. Funeral expenses can include:

  • Funeral service costs: Fees associated with holding a funeral service.
  • Burial or cremation costs: Expenses for the burial or cremation of the deceased.
  • Memorial costs: Costs for creating a memorial or headstone.
what should i do after auto accident ca

Property Damage

Property damage coverage is essential for managing the costs associated with repairing or replacing vehicles and other property damaged in an accident. This coverage is typically divided into first party property damage and third party property damage.

1st Party Property Damage

  • Collision coverage: This pays for damages to your car resulting from a collision with another vehicle or object. Knowing what to do after a car accident involves ensuring you have collision coverage to handle these repairs.
  • Comprehensive coverage: This covers damages to your vehicle from non-collision events, such as theft, vandalism, fire, or natural disasters. It’s an essential part of what to do after a car accident to ensure you are covered for all possible scenarios.

3rd Party Property Damage

Third party property damage covers the costs of damages you cause to someone else’s property. This includes:

  • Property damage liability: This pays for damages to another person’s vehicle or property when you are at fault in an accident. Understanding this aspect is crucial in knowing what to do after a car accident, especially when dealing with claims from other parties.

Rental Cars

After a car accident, rental car coverage and choosing an autobody shop are key. After a car accident, know what to do. Understand how your auto insurance can help you. It will help you keep your routines and repair your car.

  • Rental car coverage: Rental car coverage is a part of your auto insurance policy that provides a rental car while your vehicle is being repaired due to an accident. This coverage is vital. It keeps you mobile and your work on track.
  • Convenience: Rental car coverage ensures that you have a vehicle to use while your car is being repaired. This is vital for your daily routines. They include commuting to work, running errands, and transporting family. Without rental car coverage, you may lack transportation. This can add to the stress and hassle after an accident.
  • Coverage limits: Be aware of the coverage limits, including the daily allowance and the maximum duration for which the rental car expenses will be covered. Most insurance policies have a set amount they will pay per day for a rental car and a maximum number of days they will cover. Knowing these limits is key to what to do after a car accident. It helps you plan for potential costs if repairs take longer than the covered period.

Claim Process

To utilize your rental car coverage, coordinate with your insurance company and the rental car agency. Here are the steps involved:

  1. Report the accident: Notify your insurance company about the accident as soon as possible. Provide them with all necessary details, including a police report, if available.
  2. Confirm coverage: Verify your rental car coverage with your insurance agent, including the daily limit and maximum duration.
  3. Arrange for a rental car: Your insurance company will usually have a preferred rental car agency. Contact this agency and inform them of your insurance claim. They will coordinate directly with your insurer for billing.
  4. Keep documentation: Keep all receipts and documentation related to the rental car. This includes rental agreements, receipts, and any correspondence with the rental car agency. Proper documentation streamlines the claim process and ensures you are reimbursed for eligible expenses.

Autobody Shops

Selecting the right autobody shop is critical to ensuring quality repairs. Here’s what you need to consider:

  • Insurance-preferred shops:  Many insurance companies have a network of preferred autobody shops. These shops have deals with insurers to repair vehicles at set rates. This can greatly simplify the claims process. Using one of these preferred shops can make the entire repair process smoother and more efficient. The insurance company often handles most of the communication and paperwork with the shop, reducing the hassle for you. 
  • Warranties: Also, repairs at these shops usually come with warranties. They will fix any issues that arise after the repair at no extra cost to you. This is an essential part of what to do after a car accident, as it ensures that the repairs are not only done correctly but also backed by the insurer.
  • Quality of repairs: Ensuring that the autobody shop you choose has a good reputation for quality repairs is essential. The quality of the repairs can impact the safety, performance, and value of your vehicle.

How to Evaluate Autobody Shops

Here are some ways to evaluate the quality of a shop’s work:

  • Reputation and reviews: Look for reviews and ratings online from previous customers. Websites like Yelp, Google Reviews, and the Better Business Bureau can provide insights into the experiences of other clients. High ratings and positive feedback can indicate reliable service.
  • Recommendations: Ask friends, family, and colleagues for recommendations. Personal experiences from people you trust can guide you to reputable shops.
  • Certifications: Check if the shop has certifications from recognized groups, like the ASE or manufacturer-specific ones. These certifications show that the technicians have proper training and meet industry standards.
  • Experience: Look for shops with experienced technicians who have a proven track record of performing high-quality repairs. Experienced shops are more likely to handle complex repairs correctly and efficiently.

Estimates from Autobody Shops

Obtaining estimates from multiple autobody shops is a crucial step in ensuring you receive fair pricing for the repairs. Each shop may have different rates for labor and parts, so comparing these estimates can help you avoid being overcharged. 

When requesting estimates, ensure they are detailed and itemized, listing all costs for parts, labor, and any additional fees. This transparency allows for a clear comparison between shops. Be wary of significantly lower estimates, as these might indicate the use of subpar parts or shortcuts in the repair process. 

On the other hand, very high estimates might not necessarily mean better quality. Balancing cost with the reputation and quality of the shop’s work is key. Ensuring fair pricing is an important aspect of what to do after a car accident, as it helps manage your repair expenses effectively while guaranteeing that the work done is of high standard.

Protect Your Rights – Contact Mayberry Law

Get expert legal advice with our car accident lawyers in California.

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Understanding Health Insurance and Subrogation

When you are involved in a car accident, health insurance can help cover your medical expenses. However, understanding how subrogation works is essential to managing your insurance claims effectively.

Health Insurance

Health insurance plays a vital role in covering your medical expenses after a car accident. Here’s what you need to know:

Immediate Medical Care

One of the first steps in what to do after a car accident is to seek medical attention, even if you feel fine. The adrenaline rush from the accident can mask symptoms of injuries that may not become apparent until later. 

Health insurance can help cover the costs of emergency room visits, hospital stays, and follow-up appointments. This immediate access to medical care is crucial for diagnosing and treating any hidden injuries, such as concussions, internal bleeding, or soft tissue damage. 

Ensuring you get checked out by a medical professional right away can prevent minor injuries from becoming major issues and provides necessary documentation for your insurance claims.

Coverage Details

Understanding the specifics of your health insurance policy is essential in the aftermath of a car accident. Review your policy to understand what is covered and what is not, including any deductibles, co-payments, and exclusions related to car accidents. 

Some policies may have limitations on the types of treatments covered or caps on the amount they will pay for certain medical services. Being aware of these details can help you avoid unexpected out-of-pocket expenses. 

Additionally, knowing your coverage limits allows you to make informed decisions about your medical care and ensures that you can access the treatments you need without financial stress.

Coordination with Auto Insurance

In many cases, your health insurance will coordinate with your auto insurance policy to cover medical expenses. This coordination of benefits can be complex. It involves determining which policy is primary and which is secondary. 

 

Typically, auto insurance is considered the primary payer for injuries resulting from a car accident, with health insurance covering any remaining costs. It’s crucial to understand how these policies interact. This ensures you receive all entitled benefits. It also prevents confusion about who is responsible for paying what. After a car accident, inform your health and auto insurers.

Subrogation

Subrogation is a process where your insurance company seeks reimbursement from the at-fault party’s insurance for the medical expenses they have covered. Here’s why it’s important:

Reimbursement Process

After paying your medical bills, your health insurance company may pursue reimbursement from the at-fault driver’s insurance. This helps in recovering the costs they have incurred on your behalf. When you file a claim with your health insurance after a car accident, your insurer may cover your medical expenses upfront. However, they will then initiate subrogation to recover these costs from the at-fault driver’s insurance company. 

This process involves your insurer stepping into your shoes to claim the expenses from the liable party. Understanding this aspect of subrogation ensures you know that your insurer is actively working to recover the funds spent on your medical care, which can help manage your expectations regarding insurance processes and timelines.

Impact on Settlement

Subrogation can affect your overall settlement amount. When your health insurer recovers money from the at-fault driver’s insurer, they usually repay their medical costs. This means that when you receive a settlement, the amount might be reduced by what your insurance has already recovered through subrogation. 

Understanding this process is key to knowing what to do after a car accident. It will help you avoid surprises from any deductions in your final settlement. Being aware of subrogation can help you anticipate these adjustments and plan accordingly for your financial recovery.

Legal Obligations

You may have a legal obligation to cooperate with your insurance company’s subrogation efforts. This means providing necessary documentation and information to facilitate the process. Cooperation might include:

  • Submitting medical records: Providing all relevant medical records that detail the treatments and procedures you underwent due to the accident.
  • Supplying bills and receipts: Sharing detailed bills and receipts for all medical expenses that your health insurance covered.
  • Accident details: Giving a comprehensive account of the accident, including police reports and witness statements.

Filing a Claim Step by Step

Filing a claim is a critical step after a car accident. Here are the essential steps and considerations to keep in mind to ensure the process goes smoothly and you receive the compensation you deserve:

1. Report the Accident

  • Call the police: Immediately report the accident to the police and obtain a copy of the police report, which is crucial for your claim.
  • Notify your insurance company: Contact your insurance company as soon as possible to report the accident. Provide them with accurate details about the incident.

2. Gather Information

  • Exchange information: Collect names, contact information, and insurance details from all parties involved in the accident.
  • Document the scene: Take photos of the accident scene, vehicle damage, and any visible injuries. This visual evidence will support your claim.

3. Seek Medical Attention

  • Immediate care: Even if you feel fine, seek medical attention to check for any hidden injuries. Keep records of all medical treatments and expenses.

4. File the Claim

  • Contact your insurance agent: Reach out to your insurance agent to initiate the claim process. Provide them with all necessary information and documentation.
  • Fill Out forms: Complete any required claim forms from your insurance company accurately and promptly.

5. Work with The Claims Adjuster

  • Provide documentation: Submit all requested documents, including the police report, medical records, and repair estimates.
  • Communicate clearly: Keep open and clear communication with the claims adjuster handling your case. Answer any questions they may have and provide additional information if needed.

Considerations When Filing a Claim

  • Understand your policy: Familiarize yourself with the details of your insurance policy, including coverage limits, deductibles, and any exclusions.
  • Keep records: Maintain a detailed file of all documents related to the accident and your claim, including correspondence with your insurance company.
  • Be honest: Provide accurate and truthful information to your insurance company. Misrepresentation can lead to denial of your claim.
  • Know your rights: Be aware of your rights under your insurance policy and state laws. Consult with an attorney if you encounter any issues or if your claim is denied.
  • Consider legal advice: If the accident involves significant injuries, disputes over fault, or complex insurance issues, consult with a personal injury attorney to ensure your rights are protected and to help navigate the claims process.

Dealing with Insurance Adjusters

Insurance adjusters play a significant role in the claims process. Knowing how to interact with them is crucial for a successful claim. For this reason, we’ll guide you through this process by key questions:

Do You Have to Report an Accident to Your Insurance in California?

Yes, in California, you must report an accident to your insurance company. Even if the damage seems minor or you are not at fault, failing to report can result in penalties or denial of coverage. Informing your insurer promptly ensures that all necessary steps are taken to document the incident and process any claims. 

Additionally, your policy likely requires reporting all accidents to maintain coverage. Reporting also protects you in case the other party files a claim later, ensuring you have the necessary documentation and support.

What Happens If The Person at Fault in an Accident Has No Insurance in California?

If the at-fault driver has no insurance, you can file a claim under your uninsured motorist coverage, if you have it. This coverage protects you when the other driver is uninsured or underinsured. Uninsured motorist coverage can help pay for medical bills, property damage, and other expenses from the accident. 

Understanding your policy and ensuring adequate coverage is crucial. You might also pursue a personal injury lawsuit against the at-fault driver, but this can be challenging if they lack financial resources.

How Long Does an Accident Affect Your Insurance in California?

Typically, an accident can affect your insurance rates for three to five years in California. The exact duration depends on the severity of the accident and your insurance company’s policies. During this time, your premiums may increase due to the accident being recorded on your driving history. 

The impact on your rates also depends on fault and any claims paid by your insurer. After this period, maintaining a clean driving record can help your rates decrease. Shopping around for insurance periodically ensures you get the best rates possible.

Filing a claim can be complex, but knowing what to do after a car accident is crucial. Contact Mayberry Law now for expert guidance and ensure you get the compensation you deserve.

Navigate Your Accident with Confidence

We will give you the assistance you need to navigate every part of your legal process, from the car accidents to the settlement.

after car accident what should i d

Contact a Car Accident Lawyer in California

Knowing what to do after a car accident is crucial for protecting your rights and ensuring you receive the compensation you deserve. One of the most important steps is to contact a car accident lawyer in California. Here’s a comprehensive guide on when and why you need a lawyer, the benefits of hiring one, and how Mayberry Law can assist you.

When Do I Need a Car Accident Lawyer?

Understanding when to contact a car accident lawyer can make a significant difference in the outcome of your case. Here are some situations that warrant legal assistance:

  • Serious injuries: If you or someone else involved in the accident has sustained serious injuries, it is essential to know what to do after a car accident, including seeking legal help. Serious injuries often involve substantial medical costs, long-term treatment, and rehabilitation. A lawyer can help you navigate the complexities of personal injury law and ensure you receive adequate compensation for medical expenses, lost wages, and pain and suffering.
  • Disputed liability: When the fault is contested, a lawyer can help gather evidence and present a strong case on your behalf. Disputed liability cases can be challenging as they require a thorough investigation of the accident scene, witness statements, and possibly expert testimony. A lawyer with experience in car accident cases can construct a compelling argument to establish the other party’s fault.
  • Insurance issues: If the insurance company is denying your claim or offering a low settlement, consult a lawyer. They know how to maximize your compensation after a car accident. Insurance firms often try to reduce payouts. Without a lawyer, you may not get the full amount you deserve. A lawyer can negotiate with the insurance company on your behalf, ensuring that all your damages, including future medical costs and lost earnings, are considered.
  • Complex cases: Accidents involving multiple parties or commercial vehicles can be complicated. Legal expertise is crucial in these scenarios. These cases may involve multiple insurance policies, corporate liability, and intricate legal issues that require a deep understanding of personal injury law. A lawyer can manage these complexities, coordinating between various parties, and ensuring that your rights are protected throughout the legal process.

Benefits of Hiring a Car Accident Lawyer

Hiring a car accident lawyer offers several advantages that can significantly impact the resolution of your case:

  • Expertise and experience: A lawyer specializing in car accidents understands the intricacies of the law and knows what to do after a car accident to protect your rights. They are familiar with the legal procedures and requirements needed to file a claim and can provide valuable advice on the best steps to take. Their expertise ensures that all legal aspects are covered, minimizing the chances of errors that could affect your case.
  • Negotiation skills: Lawyers are skilled negotiators who can deal with insurance companies to ensure you receive a fair settlement. Insurance companies often try to minimize payouts. A seasoned lawyer knows how to counter their tactics and argue for the maximum compensation you deserve. Good negotiation skills can boost your compensation for medical bills, lost wages, and other damages.
  • Evidence gathering: An experienced lawyer will gather all necessary evidence. This includes police reports, witness statements, and medical records. They will use it to build a strong case. This thorough approach collects and presents all relevant info. It’s crucial for proving liability and the extent of your injuries. A well-documented case can significantly increase the likelihood of a favorable outcome.
  • Representation in court: If your case goes to court, having a lawyer to represent you ensures that your interests are well-defended. Court proceedings can be complex and intimidating, but a lawyer will handle all aspects of the trial, from filing motions to presenting evidence and cross-examining witnesses. Their representation ensures that your case is argued professionally and effectively, increasing the chances of a successful verdict in your favor.

Types of Cases Requiring a Lawyer

  • Personal injury: Cases with major injuries or disabilities need a lawyer. They are vital to get fair compensation for medical bills, lost wages, and pain. A lawyer can handle the complexities of personal injury law. They will ensure your claim addresses all your recovery and financial losses.
  • Wrongful death: If a loved one has died as a result of the accident, a lawyer can help pursue a wrongful death claim. This type of case involves seeking compensation for funeral expenses, loss of income, and emotional suffering. Legal expertise is crucial to navigate the sensitive nature of these claims and ensure the responsible parties are held accountable.
  • Product liability: If the accident was caused by a vehicle defect, a lawyer can help hold the manufacturer accountable. Product liability cases can be complex, involving detailed investigations and expert testimony to prove that a defect caused the accident. An experienced lawyer can build a strong case to secure compensation for damages.
  • Drunk driving accidents: Legal representation is crucial in cases involving drunk drivers to ensure justice is served. These cases often involve criminal charges in addition to civil claims for compensation. A lawyer can help navigate both aspects, ensuring that the drunk driver is held accountable and that you receive the compensation you deserve for your injuries and losses.

How Mayberry Law Can Assist

Mayberry Law specializes in car accident cases and offers comprehensive legal assistance tailored to your needs:

  • Free consultation: Mayberry Law offers a free initial consultation to evaluate your case and provide guidance on what to do after a car accident. This consultation allows you to discuss the details of your accident with an experienced lawyer, who can then advise you on the best course of action and the potential value of your claim.
  • Personalized attention: Each case is handled with personalized attention to ensure all aspects are thoroughly addressed. The lawyers at Mayberry Law take the time to understand the unique circumstances of your accident and injuries, developing a tailored legal strategy that meets your specific needs and goals.
  • Strong advocacy: The lawyers at Mayberry Law are dedicated advocates who will fight for your rights and work tirelessly to achieve the best possible outcome. They will negotiate with insurance companies on your behalf and, if necessary, take your case to court to ensure you receive fair compensation for your injuries and losses.
  • Proven track record: With a proven track record of successful settlements and verdicts, Mayberry Law has the experience and expertise to handle your case effectively. Their history of winning cases demonstrates their capability to manage complex legal issues and secure favorable results for their clients.

If you’re unsure what to do after a California car accident, contact Mayberry Law today. Our experienced California auto accident lawyers will guide you through every step, ensuring you receive the compensation you deserve. Don’t navigate this challenging time alone, let Mayberry Law protect your rights and help you understand what to do after a car accident. 

Understanding What a Fair Value Is in Your Case

Subrogation is a process where your insurance company seeks reimbursement from the at-fault party’s insurance for the medical expenses they have covered. Here’s why it’s important:

Medical Bills (Past and Future)

After paying your medical bills, your health insurance company may pursue reimbursement from the at-fault driver’s insurance. This helps in recovering the costs they have incurred on your behalf. When you file a claim with your health insurance after a car accident, your insurer may cover your medical expenses upfront. However, they will then initiate subrogation to recover these costs from the at-fault driver’s insurance company. 

This process involves your insurer stepping into your shoes to claim the expenses from the liable party. Understanding this aspect of subrogation ensures you know that your insurer is actively working to recover the funds spent on your medical care, which can help manage your expectations regarding insurance processes and timelines.

Pain and Suffering

Pain and suffering refer to the physical pain and emotional distress caused by the accident. This component of your claim can be more challenging to quantify but is essential for achieving fair compensation.

  • Physical pain: This includes the actual physical injuries and the discomfort they cause. It’s important to document your pain levels, how they affect your daily life, and any treatments you undergo to manage the pain. A key part of what to do after a car accident includes keeping a pain journal, noting daily pain levels, activities you can no longer perform, and how your injuries impact your quality of life. This documentation can support your claim for pain and suffering damages by providing a detailed account of your ongoing struggles.

 

  • Emotional distress: Accidents can lead to psychological impacts such as anxiety, depression, and PTSD. These effects can be just as debilitating as physical injuries. Understanding what to do after a car accident involves seeking mental health support and documenting these emotional struggles to include them in your claim. Therapy records, psychiatric evaluations, and personal testimonies can help substantiate your claims for emotional distress, ensuring this aspect of your suffering is acknowledged and compensated.

Punitive Damages

Punitive damages are awarded in cases where the at-fault party’s behavior was especially reckless or malicious. These damages are intended to punish the wrongdoer and deter similar conduct in the future.

  • Reckless behavior: If the at-fault driver was drunk, distracted, or engaging in particularly dangerous behavior, punitive damages might be applicable. Part of what to do after a car accident includes gathering evidence of such behavior, like police reports, witness statements, and any other documentation that can prove the recklessness of the other party’s actions. This evidence can be crucial in demonstrating the need for punitive damages to the court.

 

  • Legal strategy: Pursuing punitive damages requires a strong legal strategy and clear evidence of the at-fault party’s reckless conduct. Working closely with your lawyer to build this aspect of your case is an important step in what to do after a car accident. Your lawyer will help gather and present the evidence necessary to justify punitive damages, aiming to hold the responsible party fully accountable for their actions.

Maximizing Your Claim

To ensure you receive fair compensation, it is important to thoroughly document all aspects of your claim and work closely with a legal professional. Here are some additional tips to help maximize your claim:

 

  • Detailed records: Keep detailed records of all expenses related to the accident, including medical bills, travel costs for medical appointments, and any other related expenses. This comprehensive documentation will help build a strong case for your claim.

 

  • Consistent medical treatment: Follow through with all recommended medical treatments and attend all scheduled appointments. Consistent medical care demonstrates the seriousness of your injuries and your commitment to recovery, supporting your claim for medical expenses and pain and suffering.

 

  • Communication: Maintain clear and consistent communication with your lawyer. Providing updates on your medical condition, treatment progress, and any new expenses can help your lawyer effectively manage your case and negotiate with insurance companies.

 

  • Avoid settling too early: Insurance companies may try to settle quickly to minimize their payout. Avoid accepting an early settlement offer without consulting your lawyer, as it may not fully cover your long-term medical needs and other damages.
auto accident law firm

Protect Your Rights with Mayberry Law

Mayberry Law specializes in car accident cases and offers comprehensive legal assistance tailored to your needs. 

With personalized attention, strong advocacy, and a proven track record of successful settlements and verdicts, Mayberry Law is dedicated to fighting for your rights and achieving the best possible outcome. Protect your rights with Mayberry Law and let their expertise guide you through the legal process.

FAQs about What to Do After a Car Accident in California

After a minor car accident, take deep breaths and try to stay calm. It’s important to know what to do after a car accident, including taking time to relax and de-stress once the immediate concerns are handled. Engaging in calming activities, like listening to music or practicing deep breathing, can help reduce stress.

The first thing you should do after a car accident is ensure everyone’s safety. Call 911 if there are any injuries and move to a safe location if possible. Understanding what to do after a car accident involves prioritizing safety above all else, making sure no one is in immediate danger, and getting medical help as needed.

In California, the at-fault driver's insurance typically pays for medical bills. However, if you have MedPay coverage, your insurance can help cover immediate medical expenses. Knowing what to do after a car accident includes understanding how medical bills will be paid, ensuring that you seek medical attention without worrying about upfront costs.

If the accident is not your fault, file a claim with the at-fault driver’s insurance company. Provide all necessary documentation and evidence. This is a key step in what to do after a car accident to ensure you are compensated. Detailed records and prompt communication with the insurance company can help streamline the process.

With Progressive, if you are not at fault, you typically do not have to pay a deductible. Understanding your policy details is part of knowing what to do after a car accident. Reviewing your insurance policy and speaking with your insurance agent can clarify any questions about deductibles and coverage.

In California, insurance companies generally have 30 days to refund your money after a claim is settled. Knowing the timeline is important in what to do after a car accident. This knowledge helps you manage your expectations and financial planning during the post-accident period.

Yes, you can report someone for driving without insurance to the California Department of Motor Vehicles (DMV). This is part of what to do after a car accident if the other driver is uninsured. Reporting uninsured drivers helps enforce the law and can protect other motorists from potential risks.

A car accident settlement in California can take anywhere from a few months to over a year, depending on the case complexity. Knowing what to do after a car accident includes being patient with the settlement process. Working closely with your lawyer and understanding the legal proceedings can help manage your expectations and prepare for a potentially lengthy process.

Ensure safety

  • Move to a safe location if possible.
  • Turn on hazard lights.

Check for injuries

  • Check yourself and passengers for injuries.
  • Call 911 for medical assistance if needed.

Call the police

  • Report the accident to the police, even if it’s minor.
  • Get a copy of the police report.

Exchange information

  • Exchange names, contact information, and insurance details with the other driver.
  • Note down the make, model, and license plate of the involved vehicles.

Document the scene

  • Take photos of the accident scene, vehicle damage, and any visible injuries.
  • Note the time, date, and weather conditions.

Gather witness information

  • Collect names and contact details of any witnesses.

Notify your insurance company

  • Report the accident to your insurance company as soon as possible.
  • Provide them with all the gathered information.

Seek medical attention

  • See a doctor even if you feel fine; some injuries may not be immediately apparent.

Keep records

  • Maintain a file of all documents related to the accident, including medical bills, repair estimates, and correspondence with insurance companies.

Consult a medical malpractice lawyer

  • Seek legal advice if you experience significant injuries or property damage.
  • An attorney can help you understand your rights and navigate the claims process.

California Areas Served

Mayberry Law will consider any disability or accident claim case within greater California, including the following Greater Los Angeles suburbs and nearby cities and towns.

LOS ANGELES SUBURBS SERVED

SURROUNDING CITIES & TOWNS

Get Started With Your Case

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TESTIMONIALS

Client Reviews

Mayberry’s skilled team of attorneys in California is delighted to have made a positive impact in the lives of our clients. Learn about their journey from their reviews of our firm.

CeDeDanCeDeDan
16:16 13 Jun 23
My experience with the Mayberry Law Firm was phenomenal! They are very caring, honest, and will get the job done to the best of their ability. I highly recommend them for your legal needs!Thank you so much to this great law firm!
Sanam VQSanam VQ
04:15 25 Jun 21
I don’t usually write a review unless an experience was exceptionally good or exceptionally bad. Mayberry Law is one of those firms that gives a good name to law firms and lawyers everywhere. You get all the advantages of working with a brilliant seasoned attorney, partnered with his son, a gifted Harvard Law degreed millennial. Brett has spent his long career focusing on representing people who are hurt in personal injury cases. His demeanor alone gives you a sense of security that you’re in expert hands. He is thoughtful in his approach and clear in his explanations. He doesn’t just tell you what you want to hear. He tells it like it is, no sugar coating, no sales pitch. He’s honorable and decent in a field where it’s often not the case. His younger partner, Quinn, brings a fresh and unique perspective. Together, they are really a great team. I was referred to them right after my young son had been in a car accident. Both Brett and Quinn made themselves available at the first meeting and with very little notice. They spent time explaining the process and the possible outcomes, and I felt all the fear and pressure get lifted off me. I knew I could trust them. Thankfully, everything turned out alright for my son, and I am forever grateful to the Mayberry Law firm.
Ethan DuckworthEthan Duckworth
16:15 14 May 21
Brent and Quinn are top notch attorneys with the experience , skill, and tenacity to obtain great results for their clients.I’ve known Quinn for 10+ years, and I can guarantee you won’t find an attorney with greater character and drive in the LA area.
Darren WrightDarren Wright
19:16 07 May 21
I felt like the attorneys at Mayberry Law actually cared about me and had my best interests at heart. They are disciplined and dedicated and worked tirelessly to make sure they represented me with excellence. If you’re looking for someone to represent your best interests with integrity and respect, look no further.
Saba SadriSaba Sadri
17:24 28 Apr 21
Brent and Quinn at Mayberry Law are really the best attorneys to have on your side. They’re very effective and professional and truly care about their clients. They know their stuff and are 100% the go to guys when you need a lawyer.
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