Is California Considered a Fault or No-Fault State For Car Accidents?

The location and State of a car accident can greatly impact your personal injury case against the at-fault driver. Some States follow “no-fault” auto insurance laws while others don’t. Both systems have their own pros and cons, but since “no-fault” laws can greatly impact your benefits and your right to sue, it important to know the difference.

Difference between Fault or No-Fault state:

In the at-fault state, each party and their respective insurance company pays for the damage suffered in accordance with their degree of fault. The person who is accountable for an accident is held responsible for all the damages to whosoever is injured, and it is up to the limits of their insurance policy. In other words, if you were involved in an accident and it was not your fault, the at-fault party will be required to pay for your personal injuries and property damage.

The no-fault states require each driver to carry their own insurance to cover their injuries, regardless of who is at fault.  These states require drivers to purchase “personal injury protection” (PIP) as part of their policies. Therefore, in no-fault states, if you were involved in an accident and it was not your fault, your insurance will be required to pay for your personal injuries and property damage.  Only under certain conditions that relate to the severity of the injuries and disabilities will you be allowed to sue the at-fault party.

California is an at-fault state. Therefore, if anybody was involved in an accident in California, your first call should be to a personal injury attorney, NOT the insurance companies.

Payment for injuries after an accident:

One of the important things is that all drivers must be insured before driving on the roads of California because in case an accident takes place then both the drivers need to exchange their number, insurance policy number, and other details.

Being a driver in an at-fault state makes you liable to make the payment of all the damages after a collision, you will have to compensate the victim for damages that occurred to him.

Process of claiming accidental Insurance in California:

After an accident, you should ideally hire a personal injury attorney in Los Angles who will immediately notify your insurance company and the at-fault parties’ insurance. You are eligible to file against the at-fault driver for any injury and losses incurred to you.

Since California is a fault state, proving the other driver is at fault is obviously key. Sometimes, proving fault can be very complicated. Therefore, it is a must to have a car accident attorney who is experienced in handling car/motorcycle accidents and can manage comparative negligence issues.

Since it is the insurance companies incentive to pay as little money as possible, they employ specific tactics and questions to try their best to lower your claim amount. Therefore, car crash attorney in Los Angeles, California will be invaluable to defend you from these tactics and will help to maximize your claim amount.

Insurance requirements:

The copy of insurance should be carried by the drivers in California all the time and it should be produced at below instances:

1)When renewing the registration of Vehicle

2)Whenever a vehicle is involved in a traffic collision.

3)When it is requested by law enforcement

Types of acceptable Insurance:

  • Cash deposit of $35,000 with DMV (Department of Motor Vehicles)
  • Self-Insurance certificate issued by DMV
  • Motor Vehicle liability Insurance policy
  • Company which are licensed to do business in California will issue surety bond of $35000

As per California Insurance Code §11580.1b, below are minimum liability insurance requirements:

-$5,000 for any damage caused to property.

-$15,000 for any bodily injury/death of one person.

-$30,000 for any sort of bodily injury/death of more than one person.

Liability Insurance provides compensation to the person other than the insurance policyholder.

Documentation required to prove Fault

It is important for you and car accident attorney in Los Angeles, California to collect more and more evidence and witnesses to claim and get the maximum amount from the insurance company. This may include, but is not limited to:

-Photographs and video of the accident venue

-Medical reports

-Police reports

-Eyewitnesses of the evidence

Vehicle number, registration number, driver’s contact details, etc.

-Bill of the properties damaged

The above details can help to settle down at a maximum claim amount.

If you think that you are facing similar issues then  today.

These blogs are meant purely for educational purposes. They contain only general information about legal matters. They are not legal advice, and should not be treated as such. If you have any specific questions about any legal matter you should consult with an attorney.

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