When you purchase a car insurance policy, you are likely doing so because the law mandates that you have the minimum coverage. Most people pay for their car insurance without giving it much thought beyond that, but few know how it works.
Every driver in California should understand the auto insurance laws in the state. California follows an at-fault insurance model, meaning that the driver who caused the accident is responsible for paying for the injured party’s damages.
If you were hurt in an accident caused by someone else, it is critical for you to prove negligence and causation before you will be able to recover compensation. Read on to understand at-fault insurance and its implications for California drivers.
Basic Auto Insurance Requirements for Californians
At-fault insurance differs from no-fault insurance as the claim will be covered by the driver who caused the crash. If you were a victim in an auto accident, you can seek damages from the negligent driver.
Every driver in California is required to have the minimum level of insurance. This includes liability insurance of $15,000 for injury or death to one person, $30,000 for injury or death to more than one person, and $5,000 for property damage. In an accident, you will need to show proof of insurance to the police and you’ll need to exchange insurance information with the other driver.
Even if you firmly believe you had no role in the accident, the other driver may try to blame you. They will contact your insurer to file a claim, and this will launch an investigation by your insurer to discover who was at fault. You should also contact the other driver’s insurer to make a claim if you were hurt in an accident they caused.
How Do Insurance Companies Determine Fault in a California Car Crash?
Quite often, both parties will disagree as to who caused the accident. Each insurer will conduct their own investigation to make a determination. They will review the police accident report, which will usually include the officer’s opinion based on the evidence at the scene. They will also review the physical evidence, such as vehicle damage, photos, videos, and anything else that has been submitted.
Insurance company investigators will take statements from each party as well as any witnesses. They will use accident reconstructionists to recreate the scene to discover who is responsible. Additionally, they will look at your medical records to determine the amount of compensation they may need to pay if their policyholder is at fault.
What to Do If the Other Driver’s Insurer Disagrees About Who Caused the Accident
You may find yourself in a situation where the other driver’s insurance company doesn’t think their policyholder caused the crash. In these circumstances, you should contact a personal injury lawyer immediately to get legal advice and representation. There are also times when insurance companies agree that their policyholder was to blame, but think you’re partially at fault. They may then offer you a low settlement that isn’t enough to cover the damages you’ve incurred.
Be Aware of Comparative Negligence
In some accidents, it will be obvious that one party caused the event to happen. However, for many other crashes, it may not be so cut and dry. Both drivers may share the blame, and comparative negligence laws in the state will come into play.
Comparative negligence allows you to collect damages even if you had some responsibility for the accident. You will have a compensation award reduced by your percentage of fault. They may find you to be 99% at fault and you can still receive compensation. However, an attorney will be sure to keep you from taking on more blame than you deserve.
