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.
Does My Car Insurance Cover Other Drivers in California?
In most cases, California car insurance covers the car and not the driver. So, if let’s say you let someone drive your car and they get into an accident, your car insurance would cover repairs to your vehicle, but not the damages done to the person.
While it is common for car insurance to cover damage done to the vehicle, there are specific scenarios where they may deny an accident claim. For example:
- Non-Permissive Use: if a person uses someone else’s car without permission and they get into an accident, the car owner’s insurance may not cover damages, depending on their insurance policy.
- Commercial Activities: if a vehicle is used for commercial purposes, such as ridesharing, maintenance, or deliveries, a personal car insurance policy may not provide coverage. The driver would need to elicit a commercial auto policy or rideshare insurance.
- Rental Cars: when a car is rented, then the rental company’s insurance will typically provide them with coverage. However, the driver can opt for additional insurance for rental cars through their own insurance policy.
What is the Typical Compensation for a No-Fault Car Accident in California?
There is no average compensation when it comes to car accidents. The value of each case is dependent on the severity of your injuries and how much they’ve altered your life. For example, let’s say you suffered a broken leg from a car accident and were out of work for 6 to 8 months. Your compensation would reflect the cost of medical treatment received, lost wages, and non-economic damages such as anxiety, depression, and loss of enjoyment of life.
Whatever value your attorney and the insurance company agree upon to reflect all of those damages will end up being the compensation you receive. However, if you are not satisfied with the amount of compensation, you can look to settle in court. Taking the insurance company to court is where having a reputable accident attorney in your corner can save you enormous amounts of stress.
Contact a California Accident Lawyer in California
If you or a loved one have suffered injuries due to a careless driver, the Maison Law accident attorneys can help you obtain the compensation you need to get your life back. We understand the enormous medical costs associated with vehicle accidents and will aggressively pursue a settlement to match the full extent of your damages. If a settlement cannot be reached, then our firm will represent you in court and advocate on your behalf.
Contact Maison Law Accident & Injury Lawyers of Fremont today for a free consultation and case evaluation.