After a car accident, victims send their insurance claims to the insurance company of the other driver. Since California is an “at-fault” state, the driver determined to be at fault for the accident is the one who pays for your injuries and damage. What happens if you were partially responsible for the accident, or if the other driver claims that you were?
Fortunately, the state uses a “pure comparative negligence” rule when evaluating responsibility in car accidents. This means that a victim in an accident can be partially at fault and still recover compensation. If you are the victim, you still need a car accident attorney to ensure the insurance company does not assign you more fault to limit its payout. To learn more about comparative negligence in Fresno car accident claims, contact Dunnion Law.
It is very rare for one party to be fully free of fault in an accident. There is almost always something you could have done to avoid the crash, or at least minimize your injuries. That does not mean you should not be able to recover some of your damages.
Some states use a modified comparative negligence rule, where a plaintiff must be less than 50 percent responsible for the accident. California uses a pure comparative negligence rule in Fresno car accident cases. This lets a plaintiff recover damages no matter what their percentage of fault. Even if you are 99 percent responsible for an accident, the state will let you recover the remaining 1 percent of your damages.
It may seem that, since you can recover even if you are almost fully responsible for an accident, you can just file your claim and collect whatever the insurers give you. However, in most accidents, one driver is substantially more at fault than the other. In Fresno car accident claims, insurers will try to equalize each claimant’s percentage of fault to minimize their total payout.
For example, if you and the other driver were each 50 percent responsible, then your personal insurance policies would cover your damages. However, if you were only 10 percent at fault, the other insurance company would have to pay 90 percent of your damages. An attorney can help you gather the evidence and present your claim so that you receive the full compensation that you deserve in your claim.
Under California Code of Civil Procedure § 335.1, you have only two years from the date of the accident to file a personal injury claim. An attorney can help you meet the deadline and prepare the paperwork needed to support your case.
Dunnion Law has been practicing personal injury law for more than 50 years. We know what car accident victims are going through and what you need from your lawyer. Our legal team is here to help you get the settlement you need to put your life back together.
We handle the entire legal procedure so you can concentrate on your physical and emotional recovery. We prepare your case as if we were heading to trial, so that the other side knows we mean business. We will negotiate with the insurance company so you do not get taken advantage of, and we will let you know if a settlement offer is a good one.
We work on a contingency fee basis, meaning you pay us nothing until we settle or win your case. Call our office today to schedule a consultation and discuss comparative negligence in Fresno car accident claims.
