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CALIFORNIA “AT FAULT” ACCIDENTS
No one wants to be in a car accident, but unfortunately, they happen all the time. In fact, there are about 6 million car accidents in the US every year – that’s 16,438 per day!
So even if you’re a safe driver, it’s likely that you’ll be involved in an accident at some point.
If you do find yourself in an accident, it’s important to know what to do next. The following information will help you stay safe and protect your interests.
What are "CALIFORNIA “AT FAULT” ACCIDENTS"?
In California, an "at-fault" accident refers to a situation where one driver is deemed responsible for causing the accident. This determination is usually made by the insurance companies involved in the accident, and it is based on their investigation and analysis of the facts surrounding the accident.
Under California's at-fault insurance system, the driver who is found to be at fault for the accident is responsible for paying for damages to the other driver's vehicle, as well as for any injuries sustained by the other driver and their passengers.
It's worth noting that California is a "comparative fault" state, which means that even if you are found to be partially at fault for an accident, you may still be able to recover damages from the other driver or their insurance company. However, the number of damages you can recover will be reduced in proportion to your level of fault in the accident.
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Do I need to prove property damage to my vehicle?
Yes, if you are involved in a California "at-fault" accident that damages your car, you will need to prove the property damage to your vehicle.
This is because the person who is responsible for the accident will be liable to pay for the damages. When filing a claim with your insurance company, it is important to have photographs of the damage and to understand the evaluation process for vehicle damage.
Under California's pure comparative fault rule, you can recover a portion of your damages even if you were partially at fault for the accident.
For example, if you are entitled to $10,000 in damages but were found to be 15% responsible for the accident, you can still recover $8,500 from the at-fault driver
What information do I need to gather after a car accident?
If you are involved in an accident, there are several pieces of information that you should gather to help with the claims process and to protect yourself legally. Some important information to collect includes:
-A police report
-The other driver's name, contact information, and insurance information
-The make, model, and license plate number of the other vehicle
-The names and contact information of any witnesses to the accident
-Photographs and videos of the damage to both vehicles, as well as any other property damage or injuries
-The location and time of the accident
-In which direction the vehicles were traveling
-The speed of each vehicle, if known
-Weather and traffic conditions
-What the driver was doing at the time of the accident (e.g., moving or stopping, on the phone, listening to the radio, etc.)
-Anything else that might help an adjuster understand what happened
It's also important to exchange insurance information with the other driver and to report the accident to your insurance company as soon as possible. If you are injured in an accident, seek medical attention right away and keep a record of all medical treatment and expenses. By gathering this information, you can help ensure that your insurance claim is processed smoothly and that you are protected legally.
How does an insurer determine who was at fault?
In California, the insurance company will determine who is at fault for an accident by conducting an investigation into the circumstances surrounding the accident.
The investigation may include reviewing police reports, interviewing witnesses, examining physical evidence, and analyzing any available photographs or videos of the accident. The insurance company will also consider the relevant California traffic laws and regulations to determine who had the right-of-way at the time of the accident.
Once the investigation is complete, the insurance company will make a determination of fault. California uses a "pure comparative negligence" system, which means that even if a driver is partially at fault for an accident, they may still be able to recover compensation for their damages. The amount of compensation will be reduced proportionally to the driver's degree of fault.
It's important to note that fault determinations can be disputed, and drivers have the right to challenge an insurance company's determination of fault. If you disagree with your insurance company's decision or feel that you were not at fault for the accident, it's best to consult with an attorney who can help you navigate the claims process and protect your legal rights.
How does an insurer determine who was at fault?
In California, the insurance company will determine who is at fault for an accident by conducting an investigation into the circumstances surrounding the accident.
The investigation may include reviewing police reports, interviewing witnesses, examining physical evidence, and analyzing any available photographs or videos of the accident. The insurance company will also consider the relevant California traffic laws and regulations to determine who had the right-of-way at the time of the accident.
Once the investigation is complete, the insurance company will make a determination of fault. California uses a "pure comparative negligence" system, which means that even if a driver is partially at fault for an accident, they may still be able to recover compensation for their damages. The amount of compensation will be reduced proportionally to the driver's degree of fault.
It's important to note that fault determinations can be disputed, and drivers have the right to challenge an insurance company's determination of fault. If you disagree with your insurance company's decision or feel that you were not at fault for the accident, it's best to consult with an attorney who can help you navigate the claims process and protect your legal rights.
What happens if my car is ruled a “total loss?”
If your car is ruled a "total loss", it means that the cost of repairing your car exceeds its actual cash value. In this case, your insurance company will pay you the actual cash value of your car, minus any deductible that applies. Actual cash value is the amount your car was worth immediately prior to the accident, based on factors such as its age, condition, and mileage.
If you still owe money on a car loan or lease, the insurance payout may not be enough to cover the remaining balance. In this situation, you may be responsible for paying the difference between the insurance payout and the amount you owe. To avoid this situation, you can purchase gap insurance, which can cover the difference between the actual cash value of your car and the amount you owe on your loan or lease.
If you choose to keep your totaled car, your insurance company will deduct the salvage value of the vehicle from the payout. The salvage value is the amount that the insurance company can recover by selling the damaged vehicle to a salvage yard.
It's important to note that you can dispute the insurance company's valuation of your car if you believe that it is inaccurate. You can provide evidence such as receipts for recent repairs or maintenance, or listings for similar cars in your area to support your claim for a higher payout.
How can KR Injury Law Firm help you if you’ve been in an accident?
We can provide legal assistance if you are involved in a car accident in California. Here are some ways that our law firm can help:
Communication with insurance companies: Our law firm can communicate with the insurance companies on your behalf and help you navigate the claims process. We can ensure that you are not taken advantage of by the insurance companies and that your rights are protected.
Investigation: Our law firm can investigate the accident by interviewing witnesses, examining physical evidence, and analyzing any available photographs or videos of the accident. This can help establish liability and ensure that you receive the compensation you deserve.
Negotiation: Our law firm can negotiate with insurance companies to ensure that you receive a fair settlement for your damages, including medical expenses, lost wages, and pain and suffering.
Litigation: If necessary, our law firm can file a lawsuit and represent you in court. We can argue on your behalf and help you receive compensation for your damages.
In summary, our law firm can provide invaluable assistance if you are involved in a California car accident. We can help you navigate the legal system, protect your rights, and ensure that you receive the compensation you deserve.
KR Injury Law Firm
Disclaimer: Please note that the content on our website is intended for general information purposes only. While we strive to provide accurate and up-to-date information, it should not be taken as legal advice for any individual case or situation. We encourage you to seek the advice of an attorney for guidance specific to your circumstances.
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