Being involved in a car crash can be as confusing as it is overwhelming, especially since each state has unique injury and accident laws.
If you are in California, knowing how the state handles motor vehicle accidents can help to ensure you receive the compensation you deserve. Here are some facts to remember when preparing your auto accident claim.
California operates under an at-fault system, meaning the driver who caused the accident, or their insurance carrier, is responsible for the damages. Just compensation for severe injuries involves medical bill coverage, lost wage replacement and pain and suffering.
Comparative negligence rule
Like many states, California follows the comparative negligence rule. Even if you are partially to blame for the accident, you can still recover damages, minus your percentage of fault. For example, if you are 20% at fault, you can recover 80% of the total damages.
Statute of limitations
In California, you have two years from the date the accident occurred to file a personal injury lawsuit. It may be advantageous to wait at least a week or so to fully understand the extent and severity of your accident injuries, but acting quickly is typically essential to protect your right to secure compensation.
Required steps
You are required by law to report any accident that results in injuries or death in California. To do so, you or your representative must complete a written SR-1 form and send it to the Department of Motor Vehicles within 10 days of the incident, even if the associated injuries were insignificant.
As you can see, there is much more to a car accident and injury claim than meets the eye. Partnering with someone who understands the law and knows how to protect the injured can strengthen your case substantially.