Understanding California’s Fault Laws in Vehicle Accidents: Who Pays for Damages?
Motor vehicle accidents are sudden and disruptive, leaving you with a huge financial burden and maybe even a feeling of helplessness. California’s fault laws make it possible to recover compensation for your losses, but navigating this system can be complicated and overwhelming. Our team at Johnson Attorneys Group can help you understand who pays for your damages and explore all the legal options available to you.
What Does It Mean That California Is an “At-Fault” State?
In California, car accident claims follow an “at-fault” system. This means the driver responsible for causing the accident is also responsible for paying for the damages. These damages can include medical expenses, property damage, lost wages and emotional pain or suffering.
This is different from a no-fault state like Florida in that those states allow drivers to recover compensation through their own Personal Injury Protection (PIP) coverage after an accident, regardless of whether they are at fault. No-fault states typically require all motorists to carry a certain amount of PIP coverage as part of their auto insurance policies.
Driving in an at-fault state can be advantageous for motorists who experience an accident through no fault of their own. The at-fault system allows injured drivers to file a claim directly against the liable party, making it possible to recover a greater amount of compensation while holding reckless drivers accountable for their actions.
How Does Comparative Negligence Work in California?
California also enforces a pure comparative negligence system in personal injury cases. The concept of comparative negligence enables injured people to recover compensation in proportion to their degree of fault.
For example, if an investigation reveals that a driver was 30% at fault for a car accident, they can recover 70% of their damages through a personal injury claim. An injured person who is not at fault can seek full compensation for their damages.
Unlike some other comparative negligence systems, California’s pure comparative negligence policy even makes it possible for an injured person to recover some of their damages if they bear a majority of the fault for the crash. For example, someone found to be 80% at fault can still recover 20% of their damages.
Will the Other Driver Pay for My Damages?
When another driver is at fault for your damages, you can file a personal injury claim against them and their insurance provider. The auto insurance company is typically responsible for paying out the settlement owed to you.
When negotiating a settlement with the at-fault driver’s insurance company, it is important to have an experienced attorney at your side. Insurance providers might attempt to pay less than you deserve by offering a lowball settlement. In an at-fault state like California, insurance companies sometimes take advantage of injured claimants by trying to assign a greater degree of fault to them.
If the at-fault driver does not have adequate auto insurance coverage, your own insurance company might pay for your damages instead. This is possible if you carry uninsured or underinsured motorist coverage on your auto policy. Auto insurance providers must offer this coverage in California, so you will likely carry it unless you choose to opt out.
Keep in mind that receiving compensation from the other party can take several months of negotiation and legal processes. In the meantime, you can turn to your insurance provider to pay for your vehicle repairs immediately via collision coverage. You will have to pay your deductible, but you can pursue reimbursement for this expense from the at-fault driver as well.
How Can I Prove the Other Driver’s Fault?
The fact that California is an at-fault state means that it is exceptionally important to prove that the other driver is liable for your damages.
Even if it is relatively clear to see that the other party bears most of the responsibility, the comparative negligence principle incentivizes you to provide evidence illustrating that you did not contribute to the accident whatsoever. The greater the percentage of fault that the court assigns to the other driver, the more compensation you can receive.
You can do your part to establish the other party’s fault by thoroughly documenting the accident and your resulting injuries. The types of evidence that can greatly strengthen a personal injury claim include:
- Photographs of the accident scene and damages to your property
- Statements from witnesses who saw the accident take place
- Video evidence, such as dashcam footage
- Police reports produced by the officers present at the scene
- Medical records related to the injuries you sustained in the accident
Working closely with a car accident attorney is another very important step toward establishing the other driver’s fault. At Johnson Attorneys Group, we support injured drivers by thoroughly investigating the cause of the accident and exhaustively collecting documentation that demonstrates fault. We negotiate with insurance companies on behalf of our clients and present evidence strategically to maximize the chances of a favorable settlement.
What Happens if I Caused an Accident?
If you believe that you are responsible for causing a motor vehicle accident, it becomes even more important to consult with an attorney. Your legal team can conduct an investigation that might reveal that the other party was also in the wrong, thereby making it possible for you to recover a greater percentage of your damages.
Even if you are at fault, your auto insurance provider will still pay for your vehicle repairs as well as any damages incurred by other parties in the accident. You will have to pay for your deductible, and the insurance company will only cover damages up to your coverage limit. You might have to pay for any damages exceeding your coverage limit out of your own pocket.
Contact JAG After Your California Vehicle Accident
Dealing with the legal challenges and financial responsibilities after a motor vehicle accident can be especially stressful. This is even more true if you believe you are at fault for your accident or if you are focusing on recovering from your injuries.
At Johnson Attorneys Group, we strive to protect your rights and carry the legal burden for you. Contact us today for a risk-free consultation. We are ready to answer any questions you have about California’s car accident fault laws.
