After the accident report has been filed, you should exchange contact information with the other driver before leaving. At that time, the focus should be on ensuring that everyone is fine and no one is seriously injured rather than playing the blame game. However, you should strictly avoid saying anything that implies that the accident was your fault or you would have to pay compensation for the damages.
If you live in a no-fault state, the only time when you have a case against the other driver is when your accident expenses go beyond a certain limit. Expenses lower than that should be covered by your own auto insurance policy. The policies for filing lawsuits in case a personal injury is caused should be checked from the state authority of California, which is not a no-fault state. In states with the at-fault policy, you will have a valid auto accident case if you think the accident was the fault of the other driver. If their insurance coverage doesn't meet the expenses of the accident, then you can file a lawsuit against them.
So, before you simply decide to file a lawsuit against the other driver when you get into an accident, you should determine whether you even have a valid case or not. Even if you do have a valid case, you should only sue if you think the settlement is going to be more than what you will have to pay in terms of legal expenses.
It is better for you to consult a lawyer for a careful decision regarding this matter. Contact The LA Law Firm today for the best option of lawyers in California! The LA Law Firm is located in Down Town Los Angeles, if you or someone you love has been affected by a car accident, product defect medical negligence or even a fall, call (866)383-1462 and schedule your free consultation.