You probably only think about your car insurance policy when you pay your premiums or it is time to renew. When an accident occurs though, you may wonder how California’s laws impact your case.
California is not a no-fault state, meaning that the driver who caused the car accident is responsible for your injuries and property damage. Since no-fault states work differently than fault states, you should speak with a car accident lawyer or motorcycle accident lawyer.
At Brown & Gessell, we represent car accident injury victims in California. This article further explains California’s fault system to give you a better understanding of the legal process and how a personal injury lawyer can help you avoid common pitfalls.
Is California a No-Fault State? How Fault Works in CA
An at-fault insurance model works much differently than no-fault insurance. In no-fault states, the injured driver and all injured parties must make claims through their own auto insurance policies.
The damages will be covered up to a certain amount in these circumstances. Under personal injury protection (PIP) coverage, the insurance company will reimburse them for their medical expenses. They may only sue the at-fault party if their injuries exceed a specific dollar amount, or if their injuries meet the qualifications to be considered as catastrophic.
At-fault states such as California differ from no-fault states in that those with injuries have the right to sue. Unlike a no-fault state, you would need to go through the other driver’s insurance company to file an insurance claim.
If their liability insurance policy is the minimum amount, it likely will not cover their expenses for these insurance claims. They can still take action with a car accident lawsuit.
Generally, the police will determine who caused the accident and create a police report. Fault determined by the officers is not the only deciding factor. The insurance companies for each driver will investigate and review the evidence. If the insurance company does not offer a fair settlement and you pursue your car accident case further, your personal injury attorney will need to help you prove fault in your lawsuit.
Minimum Auto Insurance Requirements in California
When it comes to car insurance, all drivers in California must have the minimum amount of liability insurance in place. This coverage will compensate others for their injuries or property damage in the event you cause a car accident.
Through your own insurance company, you will need to have $15,000 coverage for bodily injury to one person, $30,000 for bodily injury per accident, and $5,000 for property damage. While these amounts are required by the law, they may not be sufficient if you are liable for an accident in California.
Many drivers will add uninsured/underinsured (UM/UIM) insurance coverage in addition to the required liability coverage to protect them if they get into an accident with a driver who has no insurance or only the minimum. Even if you’ve never been in an accident, many personal injury lawyers recommend adding it because it can serve as an extra measure of protection.
Understanding Comparative Negligence in California
Another issue that comes up in car accidents is the comparative negligence laws in California. Simply put, this means that all parties in a car crash may have some varying degrees of fault. If you are found to share any of the blame, it can reduce your payout from the insurance company.
Each state uses different models of comparative negligence, which may be a factor even in a no-fault insurance state. In California, auto insurance companies will examine the evidence from photos to witness statements to assign a percentage of responsibility for the accident.
As an example, the insurance company may determine that the other driver was the main party responsible because they ran a red light. However, you may have been speeding while you had the right of way, which could mean you would incur some blame. They may assign the at-fault driver 90% of the blame while you get assigned 10%, which would reduce your payout on your personal injury claim by this percentage.
This may not sound like much, but the medical bills from car accidents tend to be extensive. You may be glad that drivers in California do not have to go through their own insurance companies, however, it is not always easy to work with an at-fault driver’s insurance company on your own. This is why many car accident victims hire personal injury lawyers to help them navigate this process.
It’s worth noting that having a majority of the fault does not always mean you’ll get nothing. In this at-fault state, you can still claim compensation even if you are found to be 99% to blame.
What to Do About Car Accidents in California
Regardless of a state’s system for determining fault, there are certain steps you should take after an accident. You should always call the police immediately, especially if there is significant property damage, resulting injuries even if they are minor injuries, or if the accident has caused a fatality.
The evidence you gather at this time is crucial, as it may disappear in time. If you are too injured to do this task yourself, contact a personal injury lawyer as soon as you can after receiving medical treatment. Other evidence can be used to show the at-fault driver should bear the full blame for this event.
Whatever you do, never admit fault or apologize if you feel bad about the accident. Leave it up to your attorney. They can help protect your legal rights after this event. Brown & Gessell is here to help you through this legal situation and will work to get you the compensation you deserve.