If you’re at fault in a car crash in California, your insurance rates may rise, your driving record may be marked, and you may have to pay damages to the other driver.
Car accident cases can be complicated, especially if liability is disputed. If you’ve been in a car crash in California, a Los Angeles car accident lawyer can defend your rights.
What Happens if I’m at Fault for a Car Accident in California?
If you’re at fault for a car accident in California, you may face the following consequences:
- Financial responsibility: Your liability insurance must cover the other party’s medical expenses and property damage up to its policy limits. Any costs exceeding those limits may need to be paid out of pocket.
- Insurance rate increases: Your insurance premiums will likely rise significantly. The exact increase will depend on your provider and the severity of the accident.
- Potential legal action: If the damages or injuries are severe, the other party may file a lawsuit against you, which could result in court-mandated payments.
- Marked driving record: The accident will remain on your driving record for at least three years, which may influence your future insurance rates and eligibility for certain policies.
Should I Get a Lawyer for a Car Accident that was My Fault in California?
If you’re at fault in a car accident, an attorney’s assistance can be invaluable. More specifically, a lawyer can:
- Explain your legal obligations
- Negotiate with insurance companies
- Protect your rights if the other party files a lawsuit
While California law doesn’t require you to hire a lawyer after a car accident, an attorney can alleviate stress and prevent costly mistakes, especially in complex cases.
Should I Admit Fault to My Insurance Company?
No, you should not admit fault when discussing the accident with your insurance company. Insurance companies conduct investigations to determine liability, and admitting fault prematurely could harm your case.
Stick to factual statements, and let the evidence speak for itself.
Should I File an Insurance Claim if I’m at Fault?
Yes, you should file an insurance claim even if you’re at fault. Filing a claim allows your insurance company to handle communication with the other party’s insurer and cover that party’s property damage and medical expenses up to your policy’s limits.
Failing to file a claim could jeopardize your coverage.
How Long Does an At-Fault Accident Stay on Your Record in California?
In California, at-fault accidents typically remain on your driving record for three years, but they can stay for 10 years if the accident involved a commercial vehicle or hazardous materials. The duration of this period can vary depending on the severity of the accident and your insurance provider’s policies.
During this time, you may experience higher insurance premiums. Maintaining a clean driving record post-accident can help mitigate these increases.
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How is Fault Determined in a California Car Accident Case?
Fault in a car accident is determined by analyzing:
- Police reports: Officers will assess the scene and document their findings.
- Witness statements: Third-party accounts can provide unbiased perspectives.
- Physical evidence: Skid marks, vehicle damage, and traffic camera footage can provide insight into what happened.
- Violations of traffic laws: Violations like running a red light or speeding can indicate fault.
What Is Comparative Negligence in California?
Comparative negligence is a legal principle used in California to assign fault and determine financial responsibility for accidents. Under this system, each party involved in the accident is assigned a percentage of fault, and your ability to recover damages is reduced by your percentage of fault.
For example, if the total damages from an accident are $10,000, and you’re found to be 40% at fault, you would be eligible to recover $6,000 while covering $4,000 of the other party’s losses.
How Do Insurance Companies Determine Fault After a Car Accident?
Insurance companies determine fault by analyzing:
- Accident reports
- Photographic evidence
- Eyewitness testimonies
- Statements from drivers
- Vehicle telemetry data
- Weather and road conditions
These companies assign adjusters to review evidence and determine liability. In cases where fault is disputed, arbitration or litigation may be necessary.
What is the Average Settlement for a Car Accident in California?
Since every case is unique, there is no average settlement for a car accident in California. Settlements can range from a few thousand dollars for minor accidents to millions for ones involving catastrophic injuries.
The value of a settlement depends on factors such as the severity of the victim’s injuries, the extent of the property damage, whether fault is disputed, and the limits of the at-fault driver’s insurance policy.
What Should I Do After a Car Accident?
If you’ve been involved in a car accident, you should:
- Notify the police: Call the authorities to report the accident. Be sure to obtain a copy of the accident report.
- Exchange information: Trade contact information and insurance details with the other parties involved in the crash.
- Document the scene: Take photos and gather witnesses’ contact information.
- Notify your insurance company: Report the accident promptly, but avoid saying anything that could be interpreted as an admission of guilt.
- Contact a lawyer: Reach out to an experienced car accident attorney for legal assistance.
What Should I Not Do After a Car Accident?
After a car accident, be sure to avoid the following mistakes:
- Fleeing the scene: Leaving the scene of an accident can lead to criminal charges.
- Admitting fault: Let investigators determine liability based on evidence.
- Delaying medical attention: Seek immediate medical care to document any injuries.
- Ignoring legal deadlines: Missing deadlines for filing claims or lawsuits could jeopardize your case.
Contact a Los Angeles Car Accident Lawyer Today
Being at fault in a car accident in California can result in serious legal and financial challenges. Fortunately, you don’t have to navigate the legal process alone.
If you’ve been involved in a car accident, an experienced car accident lawyer from Omega Law Group Accident & Injury Attorneys can take on your case and protect your rights.
Don’t wait to seek legal assistance. Schedule a free consultation today to learn about your legal options after a crash.
