If you are involved in an auto accident, one of the first questions that might cross your mind is how to pursue compensation for the damages you have suffered. California is not a no-fault state; it follows a fault-based system, where the driver responsible for the accident is liable for covering the resulting damages.
What is No-Fault Insurance and How Does it Work?
In a no-fault insurance system, each driver’s auto insurance company covers their medical expenses and certain other losses regardless of who caused the accident. In an accident, you can file a claim and recover compensation from your auto insurance provider up to the limits of your policy. Key aspects of a no-fault insurance system are:
Personal Injury Protection (PIP): No-fault states typically require drivers to carry PIP coverage, which pays for medical bills, lost wages, and other related expenses from the accident.
Limited Right to Sue: In exchange for the benefits provided under PIP, your right to sue the at-fault driver for additional damages is limited to a significant extent.
How Does the Fault-Based Insurance System Work in California?
When it comes to auto accident-related insurance claims, California follows a fault or tort-based system, which is designed to impose a cost on the negligent party that caused the accident. In other words, California no-fault insurance is not possible.
Following an accident, you can file a claim with the at-fault driver’s insurance company (or any other party responsible for the accident) and seek compensation for your losses. Your personal injury attorney can negotiate with the claims adjuster and get a fair settlement. If a negotiated settlement is not possible, your attorney can litigate your claim, present your case before a jury or judge, and recover compensation.
Key aspects of the California at-fault state system are:
Establishing Fault: In a fault-based system, you are required to establish the fault and liability of the other party to recover compensation from them.
Liability Insurance: In California, no-fault insurance (also referred to as PIP insurance) is not required. Instead, you must have liability insurance, which is designed to compensate the injured party in an accident. Section 11580 of the California Insurance Code outlines the minimum liability insurance requirements for drivers in California. These include:
- $15,000 for injury or death to one person
- $30,000 for injury or death to more than one person
- $5,000 for property damage
Damages: Unlike no-fault insurance, which does not cover non-economic losses, a fault-based system allows you to recover compensation for a wide range of losses. This includes intangible losses like emotional distress, pain and suffering, and loss of quality of life.
Fault Determination in California Car Accidents
Fault determination in California car accidents involves analyzing common law principles and specific statutes in the California Vehicle Code. Here’s how the at-fault driver’s negligence can be determined for auto accident insurance claims in California.
Common Law Principles
Under common law, drivers have a duty to operate their vehicles with reasonable care to avoid harming others. This duty includes obeying traffic laws and driving safely. If a driver breaches this duty and causes an accident, they can be held liable for the resulting damages.
California Vehicle Code
If a driver violates a traffic law and causes an accident, they can be presumed negligent based on the violation. This is commonly referred to as statutory negligence or negligence per se. For example, if a driver uses a cell phone while driving, it is a violation of Sections 23123 – 23125 of the California Vehicle Code. If they cause an accident, the violation is sufficient to prove their negligence and fault.
Evidence Used to Establish Fault in a California Auto Accident Claim
A wide range of evidence can be used to establish the fault and liability of the negligent party in an auto accident claim. These include:
- Police reports
- Witness statements
- Physical evidence from the accident scene
- Surveillance footage
- Accident reconstruction reports
- Traffic citations
- Cell phone records of the at-fault driver
- Driver statements
- Vehicle black box data
- The at-fault driver’s alcohol and drug test results
Is It Possible to Sue More Than One Person for an Auto Accident in California?
Yes. Auto accident laws in California allow you to sue more than one person for an auto accident. You can file a claim against all parties you believe are at fault and the court will determine their degree of fault. Under California’s joint and several liability rule, each defendant can be held fully responsible for the economic damages regardless of their share of fault. It means you can recover the full amount of compensation from any one of the at-fault parties.
Importance of Quality Legal Representation in Car Accident Claims
When it comes to car accident claims, the importance of working with an experienced personal injury lawyer cannot be overstated. A seasoned lawyer can handle all the aspects of your case from investigating it and identifying the liable parties to collecting evidence to prove their liability, communicating with insurance companies, and negotiating for a fair settlement.
If a fair settlement is not possible, your lawyer can take your case to court and advocate aggressively on your behalf. On the whole, having a knowledgeable car accident lawyer on your side can significantly improve the likelihood of a favorable outcome in your car accident claim.
Get Legal Help from Our Top-Rated California Auto Accident Lawyers Today!
If you have been injured in an auto accident, you need an experienced legal team to get the financial compensation you deserve. At The Law Offices of Rosenstock and Azran, our personal injury attorneys have more than 80 years of combined legal experience and have handled a wide range of auto accident claims – from car accidents to truck accidents. We have extensive experience handling catastrophic injury claims and have recovered large settlements and jury awards for our clients.
Our deep understanding of California at-fault state laws, decades of experience handling complex auto accident claims, and aggressive negotiation skills allow us to get results that few others can. It is why we have a 99% success rate. We provide the compassionate and personalized representation you need and will fight aggressively to get the settlement you deserve.
Call us today at 818-805-0422 or contact us online for a free consultation with a dedicated California personal injury lawyer at our firm.