No Fault Car Accidents Lawyer: What You Need to Know
No-Fault Car Accidents: Does California Follow This Law?
In California, car accidents follow a fault-based system, which means that the party responsible for the accident is held liable for the damages. This is in contrast to no-fault states where each driver's insurance company pays for their respective damages, regardless of who caused the accident.
However, California does allow drivers to purchase Personal Injury Protection (PIP) insurance, also known as "med-pay" insurance. PIP coverage will pay for medical expenses and lost wages regardless of fault. It is important to note that PIP insurance is optional in California, and drivers are not required to purchase it.
In the event of an accident, if it is unclear who is at fault, the insurance companies may conduct an investigation to determine liability. This may include reviewing police reports, witness statements, and other evidence related to the accident. If the insurance companies are unable to determine fault, the case may go to court, where a judge or jury will decide who is at fault and responsible for the damages.
Overall, it is important to seek legal advice from an experienced car accident attorney to ensure that your rights are protected and you receive the compensation you deserve. West Coast Trial Lawyers is a reputable law firm with a track record of recovering more than $1 billion in settlements for their clients. They offer a free consultation and are available 24/7 to assist with legal matters related to car accidents.
California Is a Non-No-Fault State
In California, the driver who is found to be at fault in a car accident is responsible for paying for the damages and injuries caused by the accident. This is because California is a non no-fault state. In other words, the state requires drivers to prove their innocence, and the responsible party is forced to pay for their involvement in the accident. This usually happens in court, where the two parties will sue each other and force the blame or burden on one another. Once the negligence of the other party is proven, the victim can receive financial compensation for their damages.
No-fault insurance is a type of car insurance coverage that assists with making payments to you and for your passengers’ medical bills if you get injured in a car collision, regardless of who’s at-fault. However, California is currently not included as a No-Fault state, though purchasing Personal Injury Protection (PIP) is optional. PIP isn’t available in all states, though it is required in some and it is optional in the remaining others. The extent of coverage depends on what state it is in.
In order to drive legally in California, drivers are required to maintain a specific amount of insurance. The minimum liability limits include $15,000 for body injuries to one individual in a collision, $30,000 for body injuries to more than one individual in a collision, and $5,000 for property damages caused by the collision. Drivers are expected to contact their local Department of Motor Vehicles (DMV) to notify them that they are withholding a substantial amount of insurance coverage. If you happen to cancel your insurance, the insurance company will inform the DMV and your vehicle registration will be suspended until you buy a new insurance policy along with showing evidence of that insurance.
It is highly recommended that drivers in California buy more than what the required minimum insurance is. This may not cover all of the expenses included if you are at-fault for the accident. However, if you have access to additional coverage, you don’t have to worry about this. For example, if you get into an accident with a vehicle that’s worth $20,000 and your liability insurance is $10,000, then you are required to pay the rest of the amount out-of-pocket. By acquiring higher limits and extra insurance, you can get the protection you may need for situations like this.
Examples of No-Fault Accidents
Proving fault in a car accident can be a difficult and time-consuming process. However, there are situations where no one is at fault. For example, broken traffic lights or incorrect traffic signs can cause confusion and lead to an accident. Nature's interference, such as wild animal crossings, icy roads, or falling branches, can also cause accidents that are no one's fault. Damaged roads can also be a contributing factor to a no-fault accident. In these situations, it is important to have proper insurance coverage to ensure that damages are covered.
Does a No-Fault Accident Go on Your Record?
Every accident a person is involved in goes on their record, regardless of who is at fault. The specifics of the case will determine how it affects their insurance policy. In many cases, a car collision will negatively impact their policy, regardless of fault.
Who Pays During a No-Fault Collision?
In a no-fault collision, it is your own insurance company that pays for the damages, regardless of who caused the accident. This is why it is called "no-fault". Your insurance company will cover the costs of the accident, including medical expenses and car repairs, up to a certain limit. However, depending on your insurance policy, you may still be required to pay a deductible. If it is later determined that another driver is at-fault, your insurance company may seek reimbursement from the at-fault driver's insurance company.
West Coast Trial Lawyers Is Here to Help
West Coast Trial Lawyers is dedicated to providing legal assistance to those who have been involved in a car accident. Their highly-trained and experienced car accident attorneys are committed to helping clients resolve their legal issues as quickly as possible while receiving the best results. They offer a free consultation to discuss your case and determine the necessary courses of action to get you the compensation you deserve. You can contact their 24/7 legal team by calling 213-927-3700 or filling out their contact form.
Frequently Asked Questions
Should You Consult a Lawyer After a Car Accident if You are Not at Fault?
If you were involved in a car accident that was not your fault, it is still a good idea to consult with a car accident lawyer. Even if you are not at fault, you may still have to deal with insurance companies and other parties involved in the accident. A lawyer can help you navigate the legal process and ensure that your rights are protected.
What is the Deadline to Hire a Lawyer After Being Involved in a Car Accident?
There is no specific deadline to hire a lawyer after being involved in a car accident. However, it is important to hire a lawyer as soon as possible to ensure that your rights are protected and that you receive the compensation you deserve. Waiting too long to hire a lawyer can hurt your case and make it more difficult to recover damages.
How Can You Settle a Car Accident Claim Without Legal Representation?
It is possible to settle a car accident claim without legal representation, but it is not recommended. Insurance companies often offer low settlements to unrepresented parties, and it can be difficult to negotiate a fair settlement without legal expertise. If you choose to settle your claim without a lawyer, be sure to thoroughly research the value of your claim and be prepared to negotiate with the insurance company.
What are the Typical Costs Associated with Hiring a Car Accident Attorney?
The costs associated with hiring a car accident attorney can vary depending on the attorney and the complexity of your case. Many car accident attorneys work on a contingency fee basis, which means they only get paid if you win your case. The typical contingency fee is around 33% of the settlement or judgment amount. Other costs associated with hiring an attorney may include court fees, expert witness fees, and other legal expenses.
Will Your Insurance Premium Increase Even if the Car Accident was Not Your Fault?
In most cases, your insurance premium will not increase if the car accident was not your fault. However, if you file a claim with your insurance company, it may still be recorded on your driving record and could potentially impact your rates in the future.
In No-Fault States, How Does a Car Accident Impact Your Driving Record?
In no-fault states, car accidents are typically reported to the Department of Motor Vehicles (DMV) but are not recorded on your driving record unless there is a personal injury claim involved. This means that a car accident in a no-fault state is unlikely to impact your driving record or your insurance rates, unless there is a personal injury claim involved.
