Have you been rear-ended on the 57 or left fuming at a four-way intersection? If so, you know better than anyone that the California sunshine can’t hide the harsh reality of a car accident. To further complicate matters, because of California fault laws, Anaheim car accident claims are impossible to navigate on your own. Luckily, when you work with an experienced personal injury lawyer, they’ll handle that so you can focus on healing.
A car accident is more than an isolated incident. The sudden impact, injuries, mountains of paperwork, and negotiations are enough to overwhelm anyone. And the physical, psychological, emotional, and financial consequences can impact your life for months, years, or even a lifetime.
Don’t let the wreckage define your journey. Know that you don’t have to shoulder it alone. We’ll navigate California’s complex fault laws and fight tooth and nail to secure the compensation you deserve. You just have to worry about recovering and putting this traumatic chapter behind you.
Here’s what you need to know about fault laws and your car accident claim.
What is the Difference Between an At-Fault and No-Fault Insurance State?
Before getting into how California fault laws affect Anaheim car accident claims, let’s discuss what it means to be an at-fault and a no-fault state.
In an at-fault state, the driver who caused the accident is responsible for compensating anyone who suffered harm, which usually requires the injured parties to file a claim with the at-fault driver’s insurance or pursue a lawsuit against the at-fault driver. In other words, all parties involved in an accident will file a claim with the insurance of the person responsible for the accident.
In a no-fault state, the process is a little different. Instead of requiring that you identify a guilty party, each accident victim files a claim with their insurance providers, no matter who is responsible for the accident. Essentially, this means that each injured party involved in the crash covers their expenses with their insurance company.
In a no-fault state, it is substantially easier to get the compensation you deserve for your case, but obtaining compensation for non-economic damages, like mental anguish, pain and suffering, or emotional distress, is more difficult.
In an at-fault state, you will have to prove that the other party is at fault to get compensation, but there are more opportunities to maximize your settlement with the help of an attorney.
Related Article: Anaheim Car Accidents: High-crash Intersections and When to Call an Injury Attorney in Orange County
How California’s Fault Laws Affect Anaheim Car Accident Claim
California is an at-fault state, meaning that if you have suffered an injury, filing a claim and getting the car accident compensation you deserve is more complicated than if you were in a no-fault state. You have to prove that the responsible party is at fault before receiving compensation.
Also, while the at-fault driver’s insurance covers economic losses like property damage, medical expenses, lost wages, and other accident-related costs, you can pursue legal claims against them for non-economic damages.
Once you have proven that you are not at fault, or only partially at fault, you can recoup the damages from the at-fault party’s insurer. But it’s essential to understand that in California, you can share fault. If you admit to any fault whatsoever, insurers will reduce your compensation based on your share of fault.
For example, if an insurer finds you to be 50% at fault for a crash that would have provided you with $300,000 in damages, you would likely receive $150,000 instead. Alternatively, even if you are determined to be 75% at fault for an accident, you can still hope to recover 25% of the damages.
Because of this, it is crucial to never speak to your or the other party’s insurance party. Contact a personal injury attorney ASAP after a car accident. Your lawyer will handle the insurance companies. Especially in the aftermath of an accident, emotions run high, and it is easy to say something accidentally that causes you to admit fault and lower your compensation.
Related Article: What Are Your Legal Jobs After an Uninsured Driver Accident?
Why Do You Need an Attorney to Navigate California’s At-Fault Laws?
Determining fault and negotiating with insurance providers and the other party’s lawyer is complex. Navigating the claims and, if necessary, the legal process requires considerable expertise and experience. Otherwise, you risk undermining your chances at compensation.
You need a personal injury attorney for your car accident case because they will collect and present evidence such as police reports, witness statements, financial statements, and expert testimony to prove without a doubt that the at-fault party is responsible and maximize the compensation you receive.
Having an attorney negotiate with insurance providers is the only way to maximize your compensation. If insurance companies refuse to provide a reasonable settlement, your attorney will be an essential component of navigating filing a lawsuit.
Having an attorney is also essential if the at-fault party does not have enough coverage to pay all damages. An attorney fighting for you is even more critical because they can file a personal injury lawsuit through the insurance company to ensure you do not pay any bills out of pocket.
“California laws are in place to protect your rights, but you need an attorney on your team to enforce them. When car crash victims work with us, they are working with lawyers who have represented both sides, meaning we know the tactics that insurance companies will try to employ. We will stay one step ahead of the opposing party and their representation to ensure you receive the compensation you deserve.”
– Jason D. Cohn, Founder and Partner, Cohn & Swartzon
Related Article: A Legal Guide to Car Accident Compensation
Get the Compensation You Deserve Regardless of How California Fault Laws Impact Anaheim Car Accident Claims. Call Us.
As you can see from California’s at-fault laws, Anaheim car accident claims are complicated and nearly impossible to navigate alone. Do not put yourself at a disadvantage during this process.
Working with a car accident lawyer in Anaheim is absolutely essential to getting the compensation you deserve. Contact us to learn about how we’ve helped clients like you succeed in court. Together, we can overcome California’s fault policies.
Contact the Cohn & Swartzon team of LegalHelp123.com now to schedule a free consultation and discuss your Tulare motorcycle accident.
