What happens if I’m at fault in a car accident in California?

In the United States, twelve states operate under a ‘No-Fault’ system. This means that in a car accident, both drivers are required to file an insurance claim with their insurance providers, regardless of who was at fault.

Some people ask: Is California a no-fault state? The answer is No, California is not a “no-fault” insurance state with car accidents. It is an at-fault state and better stated it is a “comparative fault state,” meaning that the fault of all drivers is taken into consideration. When you suffer an auto accident in California, you can pursue the at-fault driver, and that driver’s insurance will usually assume their defense. If you are at fault, often you will need to report the accident to your own insurance company, and they will deal with the property damage and your defense. When you file a claim, you must prove that the other driver was negligent, in some respect, to pursue damages. The insurance claims process can be complicated, as various personal injury and car or auto accident laws come into play. If you are involved in a wreck in a state that is no-fault, you may rely on your own insurance company to seek financial compensation and provide your defense, if necessary. Many auto insurance carriers in no-fault states like California offer personal injury protection through their own insurance providers.

Consider consulting the car accident lawyers at Brown & Gessell to learn how to prove someone else’s fault and handle the insurance claims process to recover compensation for property damage, pain and suffering, medical expenses, and lost wages. Contact Brown & Gessell for a free consultation on your case to learn more. Here is what happens if you are at fault in a car accident in California.

Fault in a Car Accident in California

Since California is a comparative fault state, injured victims are entitled to compensation, not from their insurance companies direclty, but from the at-fault driver and then their car insurance company if the insured is found responsible. If you are at fault for the collision, you should know that you can still recover damages through California’s pure comparative negligence rules if some of the responsibility is part of the other driver.

The injured parties in a personal injury case will be assigned a percentage of fault based on the evidence surrounding their auto accident. A driver’s fault will be determined based on surveillance footage, photographs, witness statements, the police report, and accident reconstruction procedures that can allow special insight into the cause of the auto accident.

Laws and Statutes Related to Fault and Liability

Due to California’s pure comparative negligence system, even if you are 99% responsible for the car crash, you can still recover compensation for bodily injury or property damage.

Comparative fault car insurance states such as California operate similarly to no-fault states in the sense that drivers must carry minimum liability insurance. Fault car insurance laws in California mandate that drivers must have the following:

• A minimum of $5,000 for property damage
• Minimum of $15,000 death/bodily injury liability insurance for one person
• $30,000 for injury/death for multiple injured parties

Drivers must exchange insurance and contact information after the car crash and report it to the authorities if the accident resulted in injury, property damage exceeding $1,000, or death, according to California Code, Vehicle Code – VEH § 16000.1.

Failure to do so can result in legal penalties, complicate the insurance process, affect your future rates, and other consequences. The at-fault party is responsible for compensating the injured party for property damage, medical expenses, lost wages, pain and suffering, and other damages and losses associated with the car crash.

In situations where the at-fault driver cannot use their insurance to cover all the accident costs, the injured party can pursue additional compensation through other means.

Do not admit fault at the scene or subsequently; let the authorities decide the circumstances of the accident. Before leaving the scene of the accident, document it. Take photos of the road conditions, injuries, and damage to all vehicles involved and write down the contact information of any eyewitnesses.

Cooperate with law enforcement and report your car crash to the insurance company. Whether you are the at-fault party or the victim, speak with a lawyer for your car accident injuries to learn more about how you can recover damages based on the unique circumstances of your case and how to file car accident claims properly. If you do not file a claim within two years of the accident date, you might lose your right to recover compensation, unless special circumstances apply to your case

Pursuing Damages From the At-Fault Driver’s Insurance Company

Injured parties will file a claim with the at-fault driver’s insurance company, as is usually the case in an at-fault state. Car accidents in at-fault states must file claims with their car insurance company to gain financial aid without the need to prove fault first.

In car accidents, you can pursue economic, non-economic, and even punitive damages from the at-fault party. However, since fault can be allocated to both parties it is important to have legal representation to ensure your rights and interests are protected. You might be wrongly accused, which could increase your liability and cause you to lose a percentage of compensation.

It is also essential to know that there are several sources for the payment of your damages, including the insurance of the offending driver, public entities with dangerous conditions, and your own under or uninsured motorist coverage.

A car accident lawyer can help you investigate the accident’s circumstances and negotiate with insurance companies on your behalf to give you a better chance at receiving fair compensation. Since lawyers work with third-party experts such as accident reconstruction professionals and healthcare experts, such representation is crucial.

To understand the legitimacy of your claim and whether or not you can sue for economic, non-economic, or punitive damages, consult the car accident attorneys at Brown & Gessell to guide you through the claim process and help you prove fault.

Common Misconceptions about Fault in Car Accidents

Just like in no-fault states, there are plenty of misconceptions related to car accidents in at-fault states. Some of the most common misconceptions relate to car accidents in a comparative fault state include:

Traffic Citations Determine Fault

Even if a driver receives a citation for a traffic violation, this doesn’t necessarily mean they will share all the fault in a car accident. Depending on the circumstances of the accident, all parties can share a percentage of fault.

The Driver With the Right of Way Cannot be At-fault

Even if you had the right of way and were involved in an auto accident, you can still be assigned a percentage of fault if you weren’t exercising reasonable care while driving.

The Other Party Cannot Be Blamed for the Accident if a Distracted Driver Caused It

Distracted driving usually holds the distracted party liable for a car accident. However, your actions will also be evaluated if you get into a car accident. You might share some degree of fault if you did not take reasonable steps to drive carefully.

In an At-fault State, The Insurance Company Will Act in Good Faith

Regardless if your car accident occurred in a no-fault or at-fault state, insurance companies are interested in making a profit by offering low settlement amounts.

Determining Fault in California Car Accident Cases

When you get into a car accident, it doesn’t always matter who caused it. Both parties will share a percentage of fault based on their actions. In a car accident, you need to prove liability, especially since multiple parties can be involved.

For example, suppose your car accident involved a commercial truck vehicle. In that case, the trucking company may share liability for negligent hiring procedures or other bad practices that could have contributed to the accident.

The first aspect of proving fault in a car accident is proving that the other driver owed you a duty of care, they breached that duty, and the breach resulted in injuries and other damages.

To prove this, you must gather witness statements, police reports, medical reports, and, in some cases, expert witnesses. A car accident lawyer can help you gather evidence more efficiently and highlight your case’s circumstances.

How Brown & Gessell Can Assist Clients in Navigating At-fault Laws

At Brown & Gessell, our dedicated car accident lawyers can help injured victims better understand car accident laws, negligence, and liability. Whether you wish to file claims or dispute them to reduce your level of fault, we are here for you. Contact our law office today for a free consultation to learn more.