A total of 38 states, including California, are fault-based states for purposes of determining fault in an auto accident. But what does that mean, exactly? In California, you have the right to seek compensation for the damages suffered if you received an injury in a car accident.
However, you must prove that the accident was somebody else’s fault. If you don’t want to make a personal injury claim or file a lawsuit on your own, the experienced and aggressive California car accident lawyers at Maison Law can help you obtain the maximum compensation you deserve.
Proving Fault
Proving fault for an auto accident is achievable in any number of ways. For example:
- By the admission of the allegedly liable driver.
- The testimony of the parties.
- Testimony of any eyewitnesses.
- Testimony of the investigating police officer.
- Traffic, security, or dash cam footage.
- Damage to the vehicles involved.
California’s Minimum Liability Insurance Limits
The minimum liability insurance coverage limits in this state have been set by the California Insurance Code. They include the following:
- $15,000 for the injury or death to one person.
- $30,000 for the injury or death of more than one person.
- $5,000 for property damage.
You Must Prove Fault to Recover Damages in California
The above California minimum limits are comparatively low. Most drivers have liability insurance coverage far over minimum coverage. Drivers can also add uninsured and underinsured motorist insurance to their coverage. But that’s also fault-based coverage.
In a fault-based state, if a claimant can’t prove fault, they won’t receive any compensation for their damages. Further, if the court deems the claimant to be partially at fault, they receive a percentage of fault. The gross award amount you receive is minus your percentage of fault.
No-Fault Insurance States
In states with no-fault insurance laws, an insured person’s insurer will cover his or her medical expenses and lost earnings up to a certain threshold regardless of who was at fault for the accident. A typical threshold limit might be $10,000. So, if an accident victim receives severe injuries resulting from an accident, they may exceed the threshold.
In this case, the accident victim will likely receive permission to pursue damages beyond the threshold limit. Different variations on this rule exist among the states that are no-fault states.
Have you received injury in an auto accident anywhere in California? Do you have questions about fault-based insurance in the state? Contact us here at Maison Law for a free consultation and case review with a California car accident lawyer from our law firm.
We can discuss who was at fault for the crash and the types of damages that you can seek. If you have a viable case, we can also talk about the best approach and what we might achieve for you. Preserve and protect your rights. Don’t speak with the opposing insurer without speaking with Maison Law first.
Contact A Personal Injury Lawyer Serving California Victims
With so many insurance companies that may be involved in your injury case, your pain and your real need for financial assistance shouldn’t get lost in the shuffle. A California Car Accident Attorney works to call out this “bad faith” behavior on the part of insurance adjusters, so you get to keep your focus on your recovery.
After an accident involving a serious injury contact attorney Martin Gasparian for a free consultation and case evaluation. Mr. Gasparian takes a hands-on approach to every case. He works closely with victims and families to make sure they have everything they need to rebuild their lives.
