Fault is a critical factor in determining who should pay for damages after a car accident. Is California a no fault state? No, California is not a no-fault state, but there are some key elements of proving fault and determining who will pay for losses that accident victims must know about before moving their case forward. Talk to an Anaheim car accident lawyer today about your case.
How California’s No Fault State Laws Work
In a state like California, which is considered an at-fault state, the person causing the accident through negligent behaviors is considered at fault. That means that person is responsible for the damages caused to other parties.
This means victims can file a claim against that driver’s liability insurance policy to recover damages. If that is not enough to cover all of your losses, you also have the right to sue the at-fault driver for damages you suffered.
When you are in a car accident in California, the insurance company for each party pays for the damages that are sustained based on their degree of fault. The driver that caused the accident, as noted by the police report, is responsible for the damages to whoever was injured. That means the insurance company will pay the injured party who was not at fault’s losses they caused.
When Would You Need to File a Lawsuit in an At-Fault State?
California is an at-fault state. This means the insurance company pays the victim’s losses for the at-fault driver. However, there are some situations where you may need to do more than just file a claim on their insurance.
For example, if the driver does not have enough liability insurance to protect you from all of your documented losses, you may need to file a lawsuit against that driver to recoup the losses you have. Filing a lawsuit enables you to pursue legal action in a court of law in which a judge and jury will decide your case.
How Fault Is Determined in California
Since California is not a no-fault state, fault must be established after every accident to determine who will pay for the losses. The insurance company may try to levy this fault on their own. With the help of a car accident attorney, you can expect your attorney to find any available evidence to prove your losses were the result of another person’s negligence.
This evidence may include witness statements, medical records, police accident reports, accident reconstruction services, and more. Each case is a bit different, but your attorney will do all they can to find any available evidence to back up your claim.
Seek Legal Guidance After a California Car Accident
California is not a no-fault state. It is an at-fault state. That means the victim has the right to pursue financial compensation from the at-fault party. If they do not pay this through their insurance policy, they may need to file a lawsuit in court. Talk to an Anaheim car accident lawyer who provides comprehensive support to clients. Our no-fee guarantee means you do not have to worry about paying for anything if you lose your case.