Frequently Asked Questions

Attorney Michael Martinovsky handles all auto collision cases on a contingency fee basis. This means you pay no upfront costs, no retainer, and no attorney fees unless we win your case. If we do not recover compensation for you, you owe us nothing. The initial consultation is always free.

In California, the statute of limitations for personal injury claims from an auto collision is two years from the date of the accident under California Code of Civil Procedure Section 335.1. For property damage claims, you have three years under CCP Section 338. If a government entity is involved (e.g., a city bus or a road hazard caused by a government agency), you must file a government tort claim within six months of the accident. It is critical to contact an attorney as soon as possible to preserve evidence and protect your rights.

After a car accident, take these steps:

1. Check for injuries and call 911 if anyone is hurt
2. Move to a safe location if possible
3. Exchange information with the other driver (name, insurance, license plate)
4. Take photos of the scene, vehicle damage, and any injuries
5. Get contact information from witnesses
6. Seek medical attention even if you feel fine — some injuries have delayed symptoms
7. Report the accident to your insurance company
8. Do not admit fault or give a recorded statement to the other driver's insurance
9. Contact an auto collision attorney before speaking with insurance adjusters

For a complete guide, see our page on What To Do After an Auto Collision.

Yes. California follows a pure comparative negligence rule under Civil Code Section 1714. This means you can recover compensation even if you were partially at fault. Your recovery is reduced by your percentage of fault. For example, if you were 20% at fault and your total damages are $100,000, you could still recover $80,000. Even if you were 99% at fault, you could still recover 1% of your damages. This is more favorable than many other states that use a modified comparative negligence system.

After a car accident in California, you may be entitled to compensation for:

• Medical expenses — past and future, including surgery, rehabilitation, and medication
• Lost wages — income lost due to your injuries, including future earning capacity
• Pain and suffering — physical pain and discomfort
• Emotional distress — anxiety, depression, PTSD
• Property damage — repair or replacement of your vehicle and personal belongings
• Loss of enjoyment of life — inability to participate in activities you enjoyed before the accident
• Loss of consortium — impact on your relationship with your spouse
• Punitive damages — in cases involving egregious or reckless conduct

Every case is unique. A free consultation can help determine the potential value of your claim.

The value of a car accident case depends on several factors: the severity and permanence of your injuries, total medical expenses, lost income, impact on your quality of life, the degree of the other party's fault, available insurance coverage, and the strength of the evidence. There is no fixed formula, and anyone who promises a specific amount before reviewing the facts of your case should be viewed with caution. A free consultation with Attorney Martinovsky can provide a realistic assessment of your claim.

Even minor car accidents can result in significant injuries that may not be immediately apparent. Whiplash, soft tissue injuries, and concussions often have delayed symptoms that can develop days or weeks after the accident. An attorney can help ensure you receive proper medical evaluation, protect you from accepting a lowball settlement, and identify all sources of compensation. Consultations are free, so there is no risk in having an attorney evaluate your case.

The timeline varies depending on the complexity of the case, the severity of injuries, and whether the insurance company offers a fair settlement. Simple cases with clear liability and minor injuries may resolve in a few months. More complex cases involving serious injuries, disputed liability, or multiple parties can take one to two years or longer. Attorney Martinovsky will give you a realistic timeline during your free consultation.

In most cases, no. Insurance companies are businesses that aim to minimize payouts. First settlement offers are typically far below the true value of your claim and often come before you fully understand the extent of your injuries. Once you accept a settlement, you cannot go back and ask for more money even if your injuries turn out to be worse than expected. An attorney can evaluate whether an offer is fair and negotiate for the full compensation you deserve.

A demand letter is a formal document sent to the at-fault party's insurance company that outlines the facts of the accident, your injuries, your medical treatment, and the total compensation you are seeking. It is typically sent after you have reached maximum medical improvement (MMI). The demand letter is a critical step in the negotiation process and sets the stage for settlement discussions.

Most car accident cases settle without going to trial. Attorney Martinovsky strives to achieve negotiated resolutions whenever possible. However, if the insurance company refuses to offer fair compensation, he is fully prepared to take your case to court. Having an attorney who is willing and able to go to trial often results in better settlement offers because the insurance company knows the case will not simply go away.

If the other driver is uninsured, you may still recover compensation through your own uninsured motorist (UM) coverage, which is required to be offered by all California auto insurance policies under Insurance Code Section 11580.2. If the other driver has insurance but not enough to cover your damages, your underinsured motorist (UIM) coverage can make up the difference. Attorney Martinovsky has extensive experience handling UM/UIM claims.

Uber and Lyft accidents involve complex insurance coverage that depends on the driver's status at the time of the accident. Rideshare companies carry up to $1 million in liability coverage when a driver is on an active trip. As a passenger, you have strong rights to compensation. As another driver or pedestrian hit by a rideshare vehicle, multiple insurance policies may apply. Learn more on our Uber & Lyft Accidents page.

As a passenger, you are almost never at fault for an auto collision, which means you have a strong claim for compensation. You can file a claim against the at-fault driver's insurance, and in some cases, against the driver of the vehicle you were riding in. If both drivers share fault, you may recover from both insurance policies.

Yes. In California, you have the right to choose your own doctor for treatment after a car accident. The other driver's insurance company cannot dictate which doctor you see. However, it is important to seek medical treatment promptly and keep thorough records of all medical visits, as gaps in treatment can be used by insurance companies to argue that your injuries are not serious.

Attorney Michael Martinovsky provides legal services in English, Spanish, and Russian. He is committed to ensuring that language is never a barrier to receiving quality legal representation for auto collision victims in the San Francisco Bay Area.