Laws involving liability in car accidents vary depending on the state where the accident happens. Many people wonder if California operates under a no-fault system like many other states. In short, the answer is no. California is not a no-fault state.
In California, the party responsible for causing the car accident is typically liable for the damages. Perhaps for this reason, all California drivers are legally required to carry liability insurance. This coverage is intended to cover the costs associated with any injuries and damages caused by the policyholder in case of an accident.
What does this mean?
Suppose you are injured in a car accident in California. In that case, you will typically need to file a claim against the at-fault driver’s insurance to recover your medical expenses, lost wages and other damages. If negotiations with the insurance company do not go well, which happens more often than you think, an experienced attorney can help.
What if the fault is shared?
Many people also wonder what happens if more than one driver is at fault in a car accident. In that case, California uses the comparative negligence rule, which means that if you are partially at fault for the accident, your compensation can be reduced based on your percentage of fault.
California’s fault-based system requires drivers to carry liability insurance, and for good reason. However, just because someone has insurance does not mean the insurance company will agree and pay you for everything you want. Therefore, having an attorney by your side is critical to helping and guiding you through this challenging process.
