There are a handful of states in the U.S. with no-fault insurance laws, including Florida and New Jersey. In no-fault states, car accident victims typically file claims against their own auto insurance through a personal injury protection (PIP) policy, which is required for all drivers. Except in cases of catastrophic injuries with life-altering repercussions, an injury victim cannot file a lawsuit against a careless or reckless driver who caused the accident. In California, however, it matters who is at fault for an accident. California is a fault-based car accident state with a pure comparative negligence system.
How Do Pure Comparative Negligence Laws Work In California?
Pure comparative negligence laws allow car accident injury victims to recover compensation for their accident-related property damage, medical expenses, and lost earnings even if the injury victim contributed to the cause of the accident. The involved insurance companies assign adjusters to investigate the accident, giving each driver a percentage of fault. One driver may be 100% at fault in some accidents, but in others, both could have contributed to the cause or severity of the accident.
For example, if a driver rolls through a stop sign and has a collision with another car in the intersection, but the driver of the car in the intersection didn’t have their headlights on while it was raining, the insurance adjuster could determine the driver who rolled through the stop sign as 80% at fault, and the other driver 20% at fault. If the driver who didn’t have their lights on suffered damages valued at $100,000, they could still collect $80,000. The other driver who rolled through the stop sign could collect $20,000 from a claim valued at $100,000 because they were 20% at fault.
Understanding Insurance Company Motives In Fault-Based Insurance States Like California
Although California’s pure comparative negligence laws work to benefit a driver who partly caused an accident, they also incentivize the insurance company to assign an injury victim with substantial damages a percentage of fault in order to lower the amount they have to pay on a claim. This protects their profits at the expense of an injury victim who really wasn’t responsible for the accident.
It can be challenging to make a compelling case for full compensation without an attorney to investigate, document clear evidence of the at-fault driver’s liability, and make a compelling case by sending their findings to the insurance company. If the insurance company fails to offer an acceptable settlement after negotiating with the accident victim and their attorney, the case could proceed to court for a jury to decide. About 95% of California’s car accident claims are resolved through a settlement under the state’s fault-based car accident laws, so few cases require court.
If an accident claim goes to court, the injury victim must file a lawsuit petition within two years of the date of the car accident under California’s statute of limitations.
Protecting Yourself After a California Car Accident
Sometimes, serious car accident injuries leave a motorist incapacitated and unable to take action to protect themselves; however, if an injury victim can safely use a cell phone, they can begin documenting evidence right at the accident scene that can benefit them later during the accident claim process under the fault-based car accident laws. After an accident, take the following steps:
- First, use the phone to call 911 to report the accident unless someone else has already reported it
- Then, use the phone’s camera to take photos of the accident scene before emergency services move the vehicles out of their resting positions
- Take photos of the damaged vehicles, visible injuries, and anything relevant to the accident, like traffic signs and skid marks
Always go directly to the hospital for treatment so you not only receive the urgent care you need, but you also have documented evidence that your injuries occurred in the accident. Then, hire a Van Nuys accident lawyer to defend your best interests throughout the process of recovering fair compensation.
