Fault is a critical element of car accidents, and its proof is necessary before a victim can be compensated for property damage or medical bills. Sometimes, it is determined that more than one person is at fault for the accident, which can further complicate matters. In fact, the victim filing a claim could have contributed to the accident in some way, and when that happens, it affects the total sum of compensation. As such, it is extremely important that victims are equipped with the tools necessary to clearly determine liability in an accident.
At Williams & Williams, our attorneys thoroughly review your case and follow up on any allegations of fault on your part. We take these matters seriously because we want to make sure you receive full and fair compensation for all the damages you suffered.
Finding Fault: Elements of a Car Accident Claim in California
There are two different types of insurance systems when it comes to claims following a car accident: fault and no-fault.
Most states, like California, use a fault-based insurance system. This means the driver who caused the accident (or their insurer) is financially responsible for the other party's losses.
While negligence laws vary between states, to establish fault in a car accident you generally need to show four elements:
- The other driver owed you a duty of care.
- The other driver breached that duty of care.
- This breach caused your injuries.
- You suffered losses as a result of your injuries.
Evidence such as witness statements, police reports, photographs, medical reports, and receipts may support your claim to an at-fault driver's insurer or personal injury claim in court.
How Fault Is Used as a Defense in Car Accident Claims
The issue of fault in a car accident is often not a black-and-white one, since it's possible that both parties' actions may have contributed to it.
When you make a claim against an at-fault party's insurer or file a personal injury claim in court, insurance companies will often allege your negligence contributed to the accident. This is to reduce their financial liability or even bar you completely from receiving any compensation.
Insurance companies do this by raising either contributory or comparative negligence. While some states, namely Alabama, Maryland, North Carolina, DC, and Virginia, operate under contributory negligence (which means if you're found to be even 1% liable for causing the accident, you are ineligible for compensation), majority of states operate under comparative negligence.
Comparative Negligence (California)
Comparative negligence, or comparative fault, is a partial defense used in personal injury cases. If both parties were found at fault for an accident, the court allocates their responsibility in terms of a percentage and apportions the damages accordingly. This is why it is important to call the police following an accident, because the police will take statements during their investigation and write a report that can play a large role in determining liability.
For example, one driver changes lanes suddenly without looking and is hit by a speeding driver. Both drivers are at fault. If the first driver files a personal injury claim and the court finds their actions contributed 40% to the accident, then their damages are reduced by 40%.
If the other party is at fault but has no insurance, can I still be reimbursed for my accident?
This is why it is so important to have proper coverage. In the event that the other party is deemed to be at fault for causing an accident but is not insured, the main way for you to be properly compensated for your damages would be through your own uninsured motorist/underinsured motorist (UM/UIM) insurance policy. Having the minimum or, in some cases, no UM/UIM can mean that you likely may not be able to recover to the full extent of your losses. Hiring an experienced attorney can help you navigate complex situations like this and get you the maximum compensation possible.