Who Pays Car Accident Compensation in California?

All drivers in the state are required to carry a minimum of 15/30/5 coverage. This means:

• $15,000 in liability insurance for injuries to a single person in a single accident
• $30,000 total liability for injuries to multiple people in a single accident
• $5,000 for property damage in a single accident

However, actual damages in an accident can easily exceed these amounts. That’s why buying insurance with higher liability limits is recommended.

There is also optional coverage available to drivers when buying insurance. This includes:

• Uninsured and underinsured motorist coverage (UM/UIM) – Some drivers either have no insurance or not enough to cover all damages if there is an accident. If you get into an accident with an uninsured or underinsured motorist, this coverage will cover the damages above their policy limits. It also applies if you are hurt in a crash caused by a hit-and-run driver who can’t be identified.
• Medical payments coverage (MedPay) – This coverage pays for medical treatment for you and any passengers in your vehicle after an accident (up to the policy limit). MedPay can be used to pay for initial medical treatment while you pursue a claim against the other driver.
• Collision and comprehensive coverage – Collision coverage pays for damages to your vehicle in an accident, no matter who was at fault. Comprehensive pays for damages from other causes, such as vandalism, natural disaster, or theft.

You have the right to seek financial compensation in an accident caused by another driver. You can file a “third-party” claim with that driver’s insurance company. But reaching a settlement that covers your damages may be difficult, and it is sometimes necessary to file a lawsuit against the other driver (represented by their insurance carrier). However, you will need to prove that the other driver was at fault.

California uses a pure comparative negligence system when determining compensation. This means that each party involved in a crash is responsible for paying damages equal to their percentage of fault. Consider an example in which the total damages in an accident are $100,000, but you are found to have been 40% at fault. That means you could only recover $60,000. You can still recover compensation even if you are found to be more than 50% at fault.

Insurance companies and their lawyers are very familiar with this system. That’s why they will try to put as much of the blame for a car accident as possible on you. The more they can blame you, the less they will have to pay. That’s why it’s important to have an experienced lawyer fighting for you.

A law firm will have the resources to investigate your accident to get the facts. They will gather evidence, including any video from traffic cameras. A lawyer will carefully review the accident report completed by local or state police, review your medical records, interview witnesses and if needed, consult accident reconstruction experts and other specialists. A lawyer can then build a strong case that proves the other driver was responsible for what happened.

Next, a lawyer can negotiate with the insurance company to reach a settlement. But if a settlement can’t be reached, an attorney can help you take legal action to help you recover the financial compensation you deserve for your injuries.

This will depend on many different factors, including the severity of your injuries, the details of the accident, and insurance policy limits. But a lawyer can give you a better idea of how much you can reasonably expect to recover for the damages you suffered. In general, you can seek compensation for:

• Current and future medical expenses for treating your injuries
• Lost wages if you missed time from work because of injury
• Lost future earnings if you can’t return to work
• Property damage
• Replacement services that were needed, such as childcare, maintenance, and yard work
• Pain and suffering
• Loss of quality of life
• Loss of consortium

In California, the statute of limitations for taking legal action is two years from the date of your accident. But it’s important to get legal advice as soon as possible. Witnesses forget details as time goes by and important evidence gets lost. If you were hurt in a California car accident, schedule a free consultation with an experienced car accident attorney today.