Car accidents happen every day in California. You will always feel grateful when you arrive safely at your destination. Every car accident can be a confusing experience. You’re likely hurt, your vehicle is damaged, and insurance companies are not treating you fairly. I know how frustrating this can be, especially if you don't know where to begin with Understanding California Car Accident Laws.
This is why you need to be aware of the car crash laws in the state of California. They specify who pays for losses and how much, and how soon after a loss you may request compensation. I will explain these laws in simple terms. Knowing them will help you get the protection of your rights and the amount you are entitled to.
California law dictates that the liable driver will have to pay for damages caused during an accident. Their insurance must cover:
Medical bills including doctor visits, surgery and all medications.
Fixing up your damaged car or the cost to replace it if it is written off.
Lost wages if you’re unable to work due to injury
Pain and suffering
Insurers generally seek to pay as little as they can. This is why you need to gather evidence, pictures, eyewitness statements and police reports to prove that the other party was responsible for causing the crash.
Even if you share some blame for the incident, you are still entitled to receive compensation for your damages. But your damages will be limited by your share of liability.
Example:
If you were 20% at-fault and you had $100,000 in total damages, you would get $80,000 (because 20% is taken out).
If you were deemed 50% at fault, you would get $50,000.
Insurance companies will try to blame you more than you truly are so that your amount can be reduced further.
You need an attorney who is experienced in car crash cases to fight back every time they say you are liable.
In California, it is mandatory for every car owner to have an Insurance cover as required by law. The statutory minimum coverage is as follows:
These limits are relatively inadequate to cover expensive accidents. This is the reason why many drivers purchase additional coverage, including:
Despite its necessity, some drivers operate without having car insurance. If you get into an accident with someone without insurance, you might have to depend on your Uninsured Motorist (UM) Coverage or suing the driver (although this may not be effective if they have no money or assets).
That is why it is a good idea to keep UM/UIM coverage on your policy. This is because you may not know when you will get into an accident or with whom. Better be safe than sorry.
The amount of time you must file a personal injury case in California is two years from the time of the accident. If you wait too long, you lose your right to recovery. Report your case immediately after the accident and start the recovery process when your case is still fresh. There are exceptions to this law which include the following:
In California, it is illegal to leave the scene of a crash and not stop. Much as it is termed illegal, it happens all the time. If you happen to get involved in a hit - and -run accident, don't panic, just take the following steps:
Report it to your own insurance (Uninsured Motorist Coverage can help). If significant evidence exists, your car accident lawyer can help track down the driver.
Taking the right steps immediately after the collision can help you to protect your claim thus increasing your chances of getting full compensation. Here are the key things you should do:
You can still be compensated, but the insurers might say that your injuries were worsened by you not wearing a seatbelt. This might lower your payout.
Understanding California Car Accident Laws - If your wreck were caused by poor roads, you might be able to sue the state road-maintenance department. But you have only six months.
Yes. California law entitles you to compensation for pain and suffering that includes anxiety, PTSD, and emotional distress.
No. Insurers are in the business of making money, and they want to pay you the minimum amount they can. That can cause them to twist what you say to make it appear your fault. Let a lawyer handle these calls.
Uber and Lyft offer coverage for their drivers, but only for whatever they were doing at the time of the incident. A lawyer can help you determine which insurer policy applies.
California car accident laws can be complicated, but knowing and understanding them beforehand can help you to protect your rights. You may be dealing with insurance claims, fault disputes or injury - related expenses, therefore knowing these laws can help you make the right decision. You have to be ready because the insurers will not always play fair.
If you have been involved in an auto accident and you are having a hard time dealing with insurance companies who are trying to downplay your claim by shifting blame, worry not. Call us today at LA Injuries Lawyers, Los Angeles to get an experienced Car crash attorney to help you out.
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