There’s a lot of different insurance options after a car accident in California, but one that actually isn’t offered is a personal injury protection (PIP) policy. That can sound scary if you’re hurt in an accident, but actually, the reason California doesn’t offer them is because you don’t need it. But there’s still questions that need answered, and our team at Maison Law will help you. Set up a free consultation today.
Why Doesn’t California Offer PIP Policies?
The reason you don’t need a PIP policy in California is because of the way the fault system is set up. PIP policies are generally offered in states where you have to go through your own insurance first—even if you weren’t the one that caused the car accident.
You don’t have to worry about that in California. We use a “fault-based” system, where:
- The person who caused the accident is responsible for the damage.
- Their insurance is expected to cover the losses and you have the right to file an injury claim against them.
Now, that comes with a tradeoff. As the person injured, it’s up to you to show that the other person caused the accident you were in and then you have to move forward with a claim.
How Do I Show Someone Else Caused My Car Accident?
After a car accident, one of the biggest questions is: who’s responsible for what happened?
In legal terms, that’s called liability—and it’s what decides who has to cover your losses.
California follows a fault-based system, which means the person who caused the accident is on the hook financially. To figure that out, you usually have to show negligence—basically, that someone didn’t act as carefully as they should have.
Here’s what that looks like in plain terms:
- Duty of care. Every driver has the legal duty to drive safely and follow the rules of the road.
- Breach of duty. Someone didn’t do this (like a driver that was texting or running a red light.)
- The breach of duty caused the accident you were in.
- You were injured in some way.
What ties everything together is negligence. That’s the legal standard when it comes to liability. But in real life, it’s not always straightforward and could even involve multiple people. Usually, though, legal responsibility for a car accident falls on:
- Another driver
- A company (if the driver was working at the time)
- The owner of the vehicle (if different from the driver)
- A government agency (for unsafe road conditions)
- A car or parts manufacturer (if something failed)
Also, California uses something called “comparative negligence.” That means even if you share some of the blame, you can still file an injury claim—your recovery is just reduced by your percentage of fault. So if you’re found 20% responsible, your total recovery would be reduced by 20%.
How Do I Get Damages in a Car Accident Claim?
Showing that someone else was responsible for your car accident and injuries is only the starting point. To actually get damages, you have to file an injury claim. And to do that, you have two options:
- Filing an insurance claim. This is usually the first step. You file a claim with the at-fault person or group’s insurance company. They’ll investigate and make an offer—but it’s often lower than what you actually need.
- Filing a lawsuit. If the insurance company won’t offer something reasonable, the next step is usually filing a personal injury claim in court. It takes longer, but it can lead to a better outcome, especially in more serious cases.
The goal of a claim is to cover how the accident has impacted (and will continue to impact) you. These are your “damages” in a car accident claim, and they can include things like:
- Medical bills (now and ongoing)
- Car repairs or replacement
- Lost income and future earnings
- Pain and day-to-day discomfort
- Emotional stress
- Changes to your quality of life
- In serious cases, wrongful death-related expenses
In California, you generally have two years from the date of the accident to file an injury claim. Miss that window, and you may lose your chance to recover anything.
At the end of the day, every accident is a little different. But no matter what, the process really comes down to two things: proving what happened and showing how it’s impacted your life. Our California car accident lawyers at Maison Law can look at your individual situation and guide you through everything. Set up a free consultation today to get started.
