Who Covers My Injuries In A Car Accident?
Car accidents are an everyday occurrence. Fresco and Los Angeles are among the top 10 cities in the nation where you are most likely to be in a car accident. California also had three cities among the ten where drivers enjoyed the least time before another car accident, increasing the likelihood that drivers in Los Angeles, Oakland, and San Francisco will be in multiple car accidents during their lifetime.
Often, being in a car accident does more than disrupt your plans for a short period. Over 2.28 million people were injured in car accidents in the U.S. in 2020, and for some, car accident injuries are long-term or permanent injuries requiring extensive medical care and lifestyle changes. Suppose you’ve been injured in a car accident. You may wonder who covers your injuries and other expenses stemming from your car accident. Let’s examine what California drivers should know about their rights after a car accident.
California’s Comparative Fault Rule
California is an at-fault state, which means at-fault drivers are liable for expenses victims incur because of the crash. California also has comparative negligence. Comparative negligence allows all responsible parties to be identified and assigned a percentage of fault for the accident. Accident victims can then seek an appropriate percentage of compensation from each at-fault driver.
Suppose you were 10% responsible for an accident, and another driver was deemed 90% responsible. Once the amount of compensation owed is determined, the at-fault driver’s insurance company should pay you 90% of that amount.
California Insurance Requirements For Drivers
California drivers must have car insurance. Drivers must have evidence of their policy in their vehicle. Car insurance policy minimums include $5,000 coverage for property damage. Drivers must also have the following minimums:
- $15,000 coverage for the injury or death of a single person
- $30,000 coverage for the injuries or death of multiple persons
Despite state laws, 16.6% of all California motorists are uninsured. Insurance companies are required by law to offer uninsured motorist coverage, which enables accident victims to receive compensation from their policy if they’re in an accident with an uninsured motorist.
What If I Was Uninsured At The Time Of The Accident?
Car accident victims can file lawsuits against uninsured drivers responsible for their accidents. After securing a judgment, the victims can recover expenses from the drivers’ assets. However, suing an uninsured motorist can be a time-consuming process.
If you were driving without insurance and someone else caused your accident, you’re in a difficult position. The California DMV can suspend your license, and you can be fined for driving without a license. Your ability to seek compensation may be limited because you don’t have insurance.
When Should I Hire An Attorney?
Hiring a car accident attorney ensures you understand your legal options. Insurance companies often attempt to pressure people to accept low settlements to save money while resolving claims.
You should not speak to the other party’s insurance company, accept a settlement offer, or sign any documents after your accident. You should consult an attorney if you or a loved one suffered permanent or severe injuries to ensure you receive appropriate compensation.
You should consult an attorney after an accident with an uninsured motorist or if you were uninsured. Your attorney can explain your options and help you receive the best possible outcome after your accident.
How Can A Car Accident Attorney Help Me?
Car accident attorneys perform crucial tasks to help you receive justice after your accident.
Calculating Damages
Your attorney will ensure you include all relevant expenses when calculating economic damages after your accident, including:
- Family/household expenses: Car accident victims can seek reimbursement for child care, personal care, and house cleaning costs if they incur these costs because of their accident injuries
- Lost wages: Accident victims can seek compensation for wages they didn’t earn because of their injuries
- Medical bills: You can submit all medical expenses from your accident for reimbursement, including ambulance and hospital bills, physical therapy, medical tests, consultations with specialists, and assistive devices
- Property damage expenses: Accident victims can seek to have the at-fault driver pay for repairs or the costs of replacing any property damaged
Your attorney will also help you calculate the amount of noneconomic damages you can seek. These damages include compensation for mental health issues, pain and suffering, and the way your accident injuries affect your life and relationships.
Your attorney will also determine if you can seek punitive damages.
Proving Liability
Winning a car accident lawsuit involves proving the at-fault driver is liable for your accident. Your legal team investigates your accident and gathers evidence to prove the at-fault driver’s negligence, establishing their liability for your accident.
Negotiating Settlements
Your lawyer negotiates with the at-fault party’s insurance company and fights to secure you a fair settlement without going to court.
Representing You In Court
Your attorney will present your case in court if you cannot resolve your claim during settlement negotiations. They’ll use physical evidence, medical records, and witness testimony to support your claim and fight for you to receive a favorable judgment.
If You Have Been Injured In A Car Accident In Sacramento, Give Sette Law A Call Now
Turn to Sette Law’s Sacramento legal team for a free consultation after your accident. We’ll explain your options and ensure you understand your rights. We’ll fight for you to receive the compensation you deserve after your car accident.
Call Sette Law for a free consultation if you have been injured in a car accident.
Sources:
Bieber, C. (2023). The Cities Where You’re Most Likely To Get In A Car Accident.
Insurance Requirements. (2024).
Number of road traffic-related injuries and fatalities in the U.S. from 1990 to 2020. (2024).
Timmons, M. (2024). Uninsured Motorist Statistics: Changes by State and Over Time.