You may share fault for a crash in California, but it does not mean you’re out of options for seeking compensation. Under the state’s pure comparative negligence rule, you can still file a car accident claim and recover damages. Here is what you need to know.
After a car accident, insurance adjusters – and sometimes the courts – review evidence like police reports, witness statements and accident reconstruction to determine each party’s level of responsibility for the crash. After that, you will be assigned a percentage of fault.
Your compensation for the harm and losses you suffered is adjusted based on your percentage of fault. For instance, if your total damages are $20,000 but you’re found to be 60% at fault, your payout will be reduced by that 60%, leaving you with $8,000. The general rule is that the higher your fault percentage, the lower your recoverable compensation.
What if you disagree with the assigned fault?
Insurance companies don’t always get it right when assessing each party’s percentage of fault. Fortunately, you do not have to settle for an unfair or inaccurate determination, given the far-reaching consequences it can have on your claim.
Disputing your assigned level of fault for a crash involves presenting evidence that challenges the initial findings and supports your case. In some cases, such as when negotiations with the insurance company don’t lead to a satisfactory outcome, you may have to seek the court’s intervention.
Reaching out for qualified guidance is essential when pursuing compensation after a car crash, especially when you share fault. It can prove invaluable in navigating complex laws, accurately assessing fault and maximizing your compensation, allowing you to focus on your recovery without the added stress of navigating legal intricacies.