California is NOT a no-fault state. Rather, California is a fault or tort liability state.
This means that California accident victims have the right to pursue compensation for their injuries and other damages from whoever caused their accident.
In most cases, you should be able to pursue a claim even if you contributed to the accident. You could be entitled to recover compensation for your physical, emotional, and financial damages.
In most cases, you can negotiate a settlement with the at-fault party’s insurance company. You can also pursue your claim through a civil lawsuit.
To help navigate this complex process, consider talking to an experienced California car accident attorney.
We help protect your legal rights and hold the insurance company accountable for its obligations. We offer a free consultation, and we do not collect any legal fees unless we recover compensation for you.
What Does a No-Fault State Mean?
State-specific auto insurance laws determine whether that state is considered fault or no-fault. In a no-fault state, each party in a collision, through their insurance company, is accountable for their own injuries.
This means that injured accident victims must submit their claim to their own insurance company, even if the other party caused the crash. Currently, 12 U.S. states have no-fault insurance laws in place.
In fault states (also called at-fault states or tort liability states), whichever party caused the crash is liable for any resulting damages. To establish liability, the victim must demonstrate that the elements of negligence were present.
Depending on the state, victims may be limited in the amount of compensation they can pursue. In most fault states, however, victims can pursue the full amount necessary to compensate them for their damages.
Is California a No-Fault State or an At-Fault State?
In the case of motor vehicle collisions, California is an at-fault state. This means that accident victims have the right to pursue a claim from the at-fault party’s insurance.
If the victim cannot negotiate an acceptable settlement, they can file a civil lawsuit and pursue their case in that way.
The best way to determine how California’s no-fault insurance laws might affect your case is to contact an attorney. An experienced attorney can review the details of your case and the damages you suffered.
Based on this information, an attorney can provide you with an estimate of your claim’s potential value.
What If You Also Had Fault for a California Car Accident?
Even if an injury accident victim contributed to the accident, California law permits them to file a claim and recover compensation from the other driver’s insurance company. You cannot recover 100% of your damages, however.
Your settlement will be reduced according to your percentage of responsibility. For example, imagine that you suffered damages of $250,000 but you were 20% responsible for the collision.
Your award would be reduced by 20% or $50,000, giving you a net award of $200,000.
Contact a California Car Accident Lawyer Today
When you select one of the Wells Call Injury Lawyers to handle your legal claim, you won’t have to worry about a thing. We handle every aspect of your claim.
We investigate and document your accident to establish fault and liability. We handle all communications with the insurance company, other attorneys, and any other individuals who might be involved.
Meanwhile, you can relax and focus on recovering from your injuries. We offer a free consultation and case analysis for injury accident victims in California.