Understanding and Protecting Your Rights After a Car Crash in California

Car accidents can be a disorientating and jarring experience. The physical effect is one thing; the aftermath is another. The aftermath brings quite a range of legal issues to insurance that you might find difficult to process.

When you have a car crash in California, you need to know that your right comes first. That way, you can pursue and file a lawsuit for compensation benefits. Do not worry. This guide will highlight some California laws and the rights you have in the event of a car crash.

Determining Who Is at Fault in a Car Crash in California

If you think California falls under the no-fault state, you are wrong; it is a fault state for vehicle accidents. In a no-fault state, drivers use the PIP (Personal Injury Protection) insurance. That means that for all vehicle accidents with minor injuries, drivers use their PIP to cover the compensation demanded and use it to recover all that was lost after the crash.

The only opportunity where there is a lawsuit for a car accident in a no-fault state is when the injuries are fatal. Car crash victims can sue for compensation benefits whether the injuries sustained were fatal or not in California. Also, California uses solid comparative negligence policies, which is in contrast to contributory negligence.

Under California’s vehicle accident law, which is a state with solid comparative negligence, a car accident victim can always claim compensation even if the parties involved are at fault. However, the damage paid will be reduced based on the percentage of fault. For instance, if one of the victims is 60 percent at fault, which resulted in the crash, they might be required to pay up to $100,000, and the other party with a 40 percent fault to pay $40,000.

What Are My Rights After a Car Crash in California?

As a victim of a car accident anywhere in California, you should know you are entitled to some rights, and they include:

• The Right to File a Lawsuit

As a crash victim, you have the right to file a lawsuit if you cannot reach a fair settlement via insurance negotiations. The statute of limitation in California for a personal injury claim lasts for two years. So, pay attention to this time limit because it can affect your claim.

• Ask for the Appropriate Compensation

Do not fall for any dubious insurance tactics. Sometimes, these companies try to reduce a victim’s compensation benefit to protect their financial interest. If you settle for less, you might receive settlements that are below what you ought to secure under California accident law.

• Right to a Fair Settlement

You have the right to seek fair compensation under the California law. No one can take that from you. These compensation benefits cover suffering and pain, medical bills, lost wages, property damage, and more.

• You Can Preserve Evidence

Victims of vehicle crashes have the right to make sure that important evidence for their case is kept safe. Photographs of the collision site, witness accounts, medical records, and reports of vehicle damage are all included in this. Preserving evidence is critical to developing a compelling case and proving fault.

• Right to a Legal Representative

No one can deny you the right to hire a legal representative. That is, you can hire a car accident attorney. That can boost your chances of securing a fair settlement and piloting the intricate legal process.

Conclusion

“After an auto crash, knowing your legal rights is crucial to making sure you get treated and compensated fairly,” says attorney Ryan Block of Block LLP Injury Law Firm. It is critical to have informed legal counsel for everything from interacting with insurance providers to maybe filing a lawsuit.