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California Car Accident Fault Determination

Car crash injuries can be serious, leaving victims with significant medical debt, lost income from missed work, and even permanent physical disabilities. Families who lose a loved one are often left with not only grief, but also a loss of financial contribution and support to the household. Fortunately, car accident victims in California have options legal recourse to hold the negligent driver accountable for their losses.

However, in order to hold other drivers accountable, you must first determine and prove that they were at fault in the accident. Because there is frequently a substantial amount of money at stake, finger pointing is often insufficient, and you must often present sufficient evidence of fault.

Fault determination must adhere to a variety of different car accident fault rules, and different parties may determine fault in various ways. A skilled personal injury attorney should handle your case and help you with your financial recovery because determining liability in a California auto accident can be very challenging.

Is California a no-fault state?

California is not a no-fault state. It is one of the 38 states that opposes no-fault insurance. The at-fault insurance system is used in California to determine who is responsible for paying accident benefits. In order to award compensation, courts must establish liability. In this way, those hurt in car accidents will be fairly compensated for their losses.

Who determines fault in an auto accident in California?

In a California auto accident, the insurance companies for the involved parties decide who is at fault. Both parties will be asked to provide statements, and the insurance adjusters will also examine any relevant records, including the police report, medical bills, and other records. The evidence examined will aid in identifying the accident’s responsible party.

A first-rate law firm, if you hire one, will have its own investigators, accident reconstruction experts, people who can assess skid marks, and people who can reasonably conclude what happened from the damage sustained by the vehicles. Additionally, individuals who are capable of going out on their own, speaking with the other officers present, speaking with the firefighters, ambulance staff, and witnesses who are not mentioned in the police report.

Why is there no accident forgiveness in California?

Accident forgiveness is a supplementary insurance option that prevents rate increases following your first accident for which you bear responsibility. California does not offer accident forgiveness because Proposition 103, a law passed in 1988, forbade insurance companies from charging excessive premiums for auto insurance. Because drivers would have to pay higher rates to cover the cost of forgiven accidents, the law indirectly prohibits insurers from offering accident forgiveness in California.

How long does an insurance company have to determine fault in California?

According to California law, insurance companies have 40 days to look into a claim and decide whether to accept it or not.

An insurance company may ask for an extension with a reasonable explanation if it needs more time to handle a claim. In the event of an extension, the insurer is required to update you on the status of your claim every 30 days until it is resolved.

A decision must be made and accepted within 30 days, and payment must follow suit.

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

In an at-fault state like California, the driver responsible for the collision is liable for the harm done to anyone injured.

In California, if you cause a car accident, the victim’s compensation claims must be paid by your insurance provider. The level of damage, the extent of the at-fault party’s negligence, and the degree of the victims’ involvement in the auto accident are all taken into account when determining the amount of compensation.

The victim, however, can file a lawsuit for personal injury claims for the uncompensated damages if they disagree with the settlement amount provided by the insurance provider.

Contact us

The legal team at Hamparyan Personal Injury Lawyers have years of experience defending the rights of people who have been injured or killed by someone else’s carelessness.

Call us at (619) 550-1355 if you or a loved one has suffered as a result of a car accident so we can help you prove your case and make sure you get the compensation you are entitled to.


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