The Law Offices Of Jonathan C. Capp Esq.

How Do Liability Laws Relate To Auto Accident Claims In California?


California is a fault state. A no fault state is that where in the event you have an auto accident, you have to collect from your own insurance company. The philosophy behind no fault state is it eliminates litigation after somebody’s had an auto accident, although a lot of the no fault states do make an exception in the event you’re very seriously injured. California, however, is a fault state. What that means is in the event you’re injured, just like in any other lawsuit, it’s like if you had a breach of contract or if you had a slip and fall, you would file a lawsuit and sue the responsible party or the person at fault, and it would be like any other litigation.

What Is Comparative Negligence How Does It Affect My Auto Injury Claim?

Comparative negligence means is that the fault is a portion, depending on the fault of the people involved. Let’s say for example, you were injured in an automobile accident and for whatever reason, it was 90% the fault of the other driver, and 10% your fault. The jury would say that because the accident was 10% your fault, they will reduce the damages they otherwise would have awarded you by 10%. So instead of giving you $100,000, they would give you $90,000.

What Is The Statute Of Limitations For An Auto Accident Claim In California?

In California, the statute of limitation for auto accidents is two years from the date of the accident. You have to be very careful about that. If you’ve ever had an accident, you want to make sure that you seek legal advice promptly, because typically if you don’t sue it in two years of the date of the accident, then your case is what’s called statute has barred. That means you’re out of luck. You left your case too late, and you can’t sue the other driver.

What Steps Should Someone Take After Being Involved In An Auto Accident?

First of all, after you’ve been in an accident, remain calm and make sure you’re safe. Don’t go out in the middle of the road and expose yourself to another accident, but if you or anybody traveling with you has a videophone or a camera, take photographs of everything. Document everything, and make sure you have the name of the person who you believe responsible, as well as anybody else who are at the scene of the accident, including the driver or any particular witnesses. Make sure you get the other driver’s insurance details. Additionally, if you can, try and inform the police because then, you may be able to get a police report, which will be extremely useful in determining fault.

Overall, gather as much information as you can. After you get all the information, make sure you call an experienced personal injury attorney, so he can properly advise how to proceed.

What Defenses Do Insurance Companies Use To Avoid Paying Out On Claims?

Insurance companies have many defenses to avoid paying claims. You’ve got to remember that the insurance company is never your friend. Typically they’ll try and argue that the accident was your fault, and it wasn’t their insured’s fault. If that doesn’t work, they’ll try and argue that you contributed to the accident. Even if the accident wasn’t completely your fault, then they’ll argue that there was no damage and you weren’t injured, or that if you were injured, it’s a very minor injury. There are a lot of things they’re going to try to do, but they’re going to try and shift the blame to you, and they’re going to try and minimize any injury you suffered.

For more information on Auto Accident Claims In California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (760) 205-1676 today.

Jonathan C. Capp, Esq.

Call now for a free consultation; No win - no fee!
(760) 205-1676