Burbank Car Accident Lawyer: What to Know About the Claims Process After a Crash in California
Burbank sits at the crossroads of some of Los Angeles County's most congested corridors — the 5, the 134, and surface streets that feed into the entertainment district, the airport, and the Media City corridor. When accidents happen here, they fall under California's specific rules on fault, insurance, and civil liability. Understanding how those rules work helps people make sense of what comes next.
How California Handles Fault After a Car Accident
California is an at-fault state, meaning the driver responsible for causing the accident is also responsible for the resulting damages — through their liability insurance, personal assets, or both.
California also follows pure comparative fault, which means fault can be divided between multiple parties. If a driver is found 30% responsible for a crash, their recoverable damages are reduced by that percentage. Unlike states with contributory negligence rules, California does not bar recovery simply because a claimant shares some of the fault.
Fault is typically established through:
- The police report filed at the scene
- Statements from drivers and witnesses
- Photos, traffic camera footage, and physical evidence
- Insurance adjuster investigations
- Sometimes, accident reconstruction specialists
The Two Main Paths: First-Party and Third-Party Claims
After a Burbank crash, there are generally two claims channels:
First-party claims are filed with your own insurer — for example, under collision coverage, Medical Payments (MedPay), or uninsured motorist (UM) coverage if the at-fault driver had no insurance or left the scene.
Third-party claims are filed against the at-fault driver's liability insurance. This is the more common path when another driver caused the accident and carried coverage.
Which path applies — and whether both run simultaneously — depends on the policies involved, who was at fault, and the nature of the injuries.
What Damages Are Generally Recoverable 📋
In California personal injury claims, recoverable damages typically fall into two categories:
| Damage Type | Examples |
|---|---|
| Economic | Medical bills, future medical costs, lost wages, property damage, rental car costs |
| Non-economic | Pain and suffering, emotional distress, loss of enjoyment of life |
California does not cap non-economic damages in most car accident cases (unlike some states for certain claim types). However, the actual value of a claim depends heavily on injury severity, treatment duration, insurance policy limits, and how fault is allocated.
Medical Treatment and Why Documentation Matters
After a crash, the medical record becomes one of the most important documents in a claim. Insurers evaluate injury claims in large part by reviewing treatment records — what was diagnosed, when treatment began, how long it continued, and whether care was consistent with the reported injuries.
Common post-accident care includes:
- Emergency room or urgent care evaluation
- Follow-up with a primary care physician or specialist
- Physical therapy, orthopedic care, or neurological evaluation
- Imaging (X-rays, MRI)
Gaps in treatment or delays in seeking care are frequently cited by insurance adjusters when disputing the severity of injuries. This is a factual reality of how claims are evaluated, not a recommendation about what any individual should do.
How Attorneys Typically Get Involved in Burbank Accident Cases
Personal injury attorneys in California almost universally handle car accident cases on a contingency fee basis — meaning the attorney collects a percentage of the final settlement or verdict, typically ranging from 33% to 40%, rather than charging hourly fees. The exact percentage often depends on whether the case settles before or after litigation begins.
What an attorney typically handles:
- Gathering police reports, medical records, and evidence
- Communicating directly with insurance adjusters
- Calculating and documenting damages
- Drafting and sending a demand letter to the insurer
- Negotiating settlement offers
- Filing a lawsuit if negotiation fails
People commonly seek legal representation in cases involving serious injuries, disputed liability, multiple parties, commercial vehicles, or lowball settlement offers.
California's Statute of Limitations and Filing Timelines
California's statute of limitations for personal injury claims is generally two years from the date of the accident — but exceptions apply for minors, government vehicles, delayed injury discovery, and other circumstances. Missing the deadline typically forecloses the right to sue, regardless of how strong the claim might otherwise be.
The claims process timeline varies widely:
- Simple claims with clear fault and minor injuries: A few weeks to a few months
- Moderate injury claims: Several months to a year or more
- Serious injury cases or disputed liability: One to several years, particularly if litigation is filed
Insurance Coverage Types That Come Into Play 🛡️
| Coverage Type | What It Does |
|---|---|
| Liability | Pays for injuries and property damage you cause to others |
| Uninsured/Underinsured Motorist (UM/UIM) | Covers you when the at-fault driver has no insurance or insufficient coverage |
| MedPay | Pays medical bills regardless of fault, up to policy limits |
| Collision | Covers vehicle damage regardless of fault |
| Comprehensive | Covers non-collision damage (theft, weather, etc.) |
California requires minimum liability coverage, but those minimums are often insufficient in serious crashes. Whether additional coverage applies depends entirely on what policies were in force at the time.
DMV Reporting and Administrative Consequences
California requires drivers to report accidents to the DMV within 10 days if the crash resulted in injury, death, or property damage exceeding $1,000 — regardless of fault. Failure to report can result in license suspension.
Drivers who cause accidents without insurance may face SR-22 filing requirements — a certificate of financial responsibility that insurers file on a driver's behalf, typically required for a set period following certain violations or uninsured accidents.
Key Terms Worth Knowing
- Subrogation: Your insurer's right to recover what it paid on your behalf from the at-fault party's insurer
- Diminished value: The reduction in a vehicle's resale value after it's been repaired following a collision
- Demand letter: A formal letter sent to an insurer outlining injuries, damages, and a settlement request
- Adjuster: The insurance company's representative who investigates and evaluates the claim
- Lien: A legal claim against a settlement by a medical provider or health insurer seeking reimbursement
How these factors interact — the specific policies, the degree of fault, the nature of the injuries, and the parties involved — determines what any particular claim actually looks like. The general framework is consistent across Burbank and California broadly. The outcome isn't.
