An ill-timed car crash can change your fate forever. If your injuries are severe, you may have to stay away from work for weeks or months. Unfortunately, traffic accidents are quite common in Palmdale. If the other party was reckless, speeding, or liable for the situation, they are also accountable for your consequent losses. From medical bills and property damage to pain & suffering, you deserve compensation for everything. The first thing you must do after seeking medical care is to contact an attorney. Getting legal consultation from an experienced attorney can be a great step, and for your help, we have enlisted the laws in California.
California is a fault state for car accidents
If a car driver is liable for an accident, they have to pay compensation to victims, including pedestrians and other drivers. You will typically need to file an insurance claim with the other driver’s insurance. If the insurance company doesn’t offer you a fair amount for the losses, you can take further action and file a lawsuit.
Insurance limits explained
Motorists in California must have liability insurance, and the minimum policy is $15,000 for each individual. Expectedly, the amount may not always be enough to cover the losses endured by claimants. In such cases, a civil lawsuit can help recover the losses. Depending on the situation, you could assess other insurance policies, and an attorney can help you discover other aspects.
Comparative negligence in California
California follows the pure comparative fault rule, which allows a claimant to recover a settlement when they are also at fault. In fact, even if you are 90% at fault, you can still file a claim. However, as per the comparative negligence rule, your settlement will be adjusted accordingly. For instance, if you are 40% liable for the car accident and get $50,000 in a payment, you can recover $30,000 as the final compensation.
Statute of limitations
The statute of limitations in California allows two years for car accident lawsuits. You need to file the lawsuit within two years from the date of injury. The insurance claim is not subject to this deadline. In other words, even if you are filing a claim with the other party’s insurer, you should still retain time to take further action if necessary.
Talk to an attorney to discuss what the claim is worth, and they will guide you through every step and negotiate the settlement.