California is an at-fault state. Essentially, this means if you are injured as a direct result of another party’s negligence, you are legally entitled to pursue legal action against them to recover financial compensation for your damages. In California, motorists are required to carry personal injury protection (PIP). Essentially, this is a special type of insurance that pays for accident-related damages. If you sustain life-altering injuries, insurance companies may not be able to cover all of your damages. California follows a system of pure comparative negligence. This means victims of auto accidents regardless of who is at fault can file a claim against a negligent party to seek additional compensation for their losses. Keep reading to learn how insurance companies determine fault in a car accident. In addition, learn how one of our skilled Santa Clara County Car Accident Attorneys can help you seek financial compensation for your losses.
How do insurance companies determine who is at fault in a car accident in California?
Following a car accident, insurance companies send insurance adjusters to investigate the circumstances of the accident to determine who was negligent. Determining fault in a car accident is crucial to determining a reasonable award to compensate victims for their losses. As mentioned above, California follows a system of pure comparative negligence. Essentially, this means regardless of who is at fault for an accident, you may still be able to recover monetary compensation for your damages if you were partially responsible for an accident. For instance, if you are found to be 40% at fault in an accident, you are therefore entitled to recover 60% of the damages. In a comparative negligence system, your award is reduced by your percentage of fault for an accident.
Moreover, to investigate the facts of the collision insurance companies will review the accident report filed with the police, assess evidence of the damages, inspect the vehicles involved in the crash, and conduct interviews with the motorists involved in the collision and any witnesses. Moreover, an adjuster will examine whether any traffic laws were violated at the time of the collision. They will use their findings to determine who was negligent in a car accident. Ultimately, if you were partially at fault for a collision this will affect how much you will be able to recover for your damages.
If you or someone you care about has been injured in a car accident as a result of another motorist’s negligence, please don’t hesitate to reach out to one of our compassionate and dedicated attorneys. Regardless of whether you are partially responsible for an accident, you may still be able to recover monetary compensation for your damages. Our firm is committed to helping our clients understand their legal options. Allow our firm to represent your interests in court to seek favorable results.
