If you get into a car accident, you are required by law, according to California Vehicle Code 16025, to exchange information with the other driver. This information includes your name, contacts, and your insurance information. If you fail to give the proper information, your accident could be considered a hit-and-run.
Even if it is not your fault, you must file an accident claim with your insurance. Most people are hesitant to file an accident claim, fearing their insurance rate will go up. However, if you are not at fault for a car accident in the state of California, insurance providers are prohibited from raising your rates for accidents where you are not considered “principally” at fault.
How Does Fault Work in a Car Accident Injury Claim?
In most states, the at-fault party’s insurance is responsible for damages. In California, however, fault is determined by a “comparative negligence” system. Comparative negligence allows an injured party who shares fault for their injuries to receive compensation, a legal action covered by the Comparative Negligence Law, which states:
“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
So, being found partially at fault for a car accident doesn’t mean you can’t be compensated for your injuries. When it comes to your insurance rates, if you are found to be less than 51% responsible for the accident, you will generally not be considered to be “principally” at fault, so your interest rates will not go up.
How Much Can I Get from a Car Accident Lawsuit if I Wasn’t at Fault?
If you are not found at fault for the accident, then you are entitled to whatever settlement amount you and the insurance company agree upon. It is important to note that insurance companies are looking out for their business, not your well-being. So, the best way to maximize your settlement amount is to partner with a personal injury attorney. A car accident attorney can help you understand what your settlement is actually worth, depending on the details of your car accident. The following factors will play a large part in determining the total value of your car accident settlement:
- Severity of injuries: These can be broken down into 3 tiers, with Tier 3 being the most severe.
- Tier 1: Minor, non-surgical injuries such as strains, sprains, and contusions.
- Tier 2: Deep lacerations, broken or fractured bones that require surgical intervention
- Tier 3: Traumatic brain or spinal cord injuries, resulting in temporary or permanent function loss
- Insurance coverage: the extent of the at-fault party’s insurance policy
- Lost income: Total amount of lost wages, which were a direct result of the injuries sustained from the accident.
- Medical Expenses: Medical expenses incurred from your injuries and any future medical treatments you may expect to have.
- Pain and Suffering: Emotional stress, trauma, and anxiety caused by how much your life has changed since the accident.
What Happens to My Insurance if Someone Else is Driving My Car and Gets into an Accident?
Say your friend borrows your car to grab some coffee and gets into an accident. You didn’t cause the accident, but your car is involved in a fender-bender. The following factors will determine whether or not you’re liable for your friend’s accident:
- The terms of your auto insurance policy
- If you gave your friend permission to use your car
Luckily, most car insurance policies insure the car and extend to the person driving it. However, not all policies are the same, so it is important to know what type of coverage you have if this happens. If your friend did not have your permission to take your car and got into a wreck, then you’ll probably want to consider speaking with an attorney, especially if your policy does not cover drivers other than yourself.
FAQs
Q: Can I get car insurance on a vehicle not in my name in California?
A: No, you must have a financial stake in the car you are insuring.
Q: Can I put a friend on my car insurance?
A: Yes, some insurances even require you to have another person on your car insurance.
Q: Does adding someone to my car insurance make it cheaper?
A: It depends. If the person you are adding has a bad driving record, then your rate will go up. If they have a great driving record, then it could decrease your premium.
Q: Can I let anyone drive my car?
A: Yes, as long as you gave them permission and you’re aware of your insurance policy, it should not be a problem.
Contact a California Car Accident Lawyer
If you or a loved one has been injured in an auto accident, contact the experienced personal injury attorneys at Maison Law. Unfortunately, car accidents can result in life-altering injuries that prevent you from going to work, performing daily tasks, or spending time with family. At Maison Law, we understand how important recovering compensation from a vehicle can be and our team of attorneys is standing by to help you get your life back. We do not charge any upfront fees for our service and you won’t pay a cent until we’ve secured a fair settlement on your behalf.
Contact us today for a free consultation and case evaluation to see what options are available to you.
