You’ve hit a car! Could it be your fault since the man blatantly ran a stop sign? And you just happened to be driving a few miles per hour above a posted speed limit at the time. ABOVE the posted speed limit… That’s pretty bad, but you know it’s a stop sign, so the man shouldn’t be running his car on the driveway! If he didn’t do it, there would not have been any accident at all.
In this situation, who do you think is at fault? Is it yours or his?
The compensation depends on the type of car accident, considering the damages and injuries. Minor ones are probably settled easily. But how about a major case, when there are personal injuries involved? Truly, that gives you a bigger trouble.
What to Do If You’re the One Who Is Injured?
When you got injured from California Car Accident, the law states that you will be given 2 years to file your lawsuit. That starts from the date of the injury. When the provided two-year window lapses, you’ll can no longer file a lawsuit to the person responsible for your injury or accident. The court system will refuse to hear you.
The person who is responsible for the accident can make an argument that you’re the one who is at fault in the accident. It’s your mistakes that caused your injuries and not his. If you share the same liability, it will affect your overall compensation. Eventually, you will be receiving the compensation from other at fault persons or businesses.
According to a California car accident attorney, in California law, this refers to “pure comparative negligence rule”, meaning the amount of your compensation will be reduced to an amount that is equal to your percentage of fault for the accident. Example, on the situation above, your damages add up to $10,000. So what will be the value of your shared fault? Under this California rule, your compensation will be reduced to $9000, meaning $1000 is your shared fault.
If you’re the one who is at fault in the accident, your liability insurance will pay the damage to the other driver’s property and injuries. But the amount will depend on your insurance policy’s limits. In opposite, if the other driver is the one who is responsible for the damage, he’s the one who will hold this liability.
But if both you and the other driver are at fault, who incurred the same damage and injuries, both of you will receive compensation from your insurance companies. The amount will depend on the amount of damage and the amount of your shared fault.
For collision, regardless of who is at fault, your collision insurance pays for damages to your car, but deducted be the policy. And by the way, this doesn’t cover your medical expenses.
If you know you are the protagonist of the case and you are innocent, then you should prove it. The one who’s at fault may give all the reasons to prove it’s your fault and not his. At the moment you need someone to back you up and help you win your claim, call your best accident attorney in California. The expert will prove your innocence and help you obtain the compensation you deserve.