You may be wondering: is California a no-fault state for car accidents?
The answer is no, California is not a no-fault state. The at-fault driver has to pay for injuries and property damage after a car accident. Typically, the at-fault driver’s insurance company pays for injuries and property damage, not the at-fault driver themselves.
If you’ve been injured in a car accident in California, call one of our personal injury lawyers for a free consultation. Studies show that accident victims who hire lawyers end up recovering far more money from auto insurance companies than those who don’t, even after attorney fees are taken into account. This is because the only way to make a car insurance company pay you what you deserve is to threaten to sue them or actually sue them.
We have been representing car accident victims for over 30 years, helping them recover compensation for medical expenses, lost wages, property damage, pain, suffering and more. We won’t charge you a fee until and unless we recover money to compensate you. Call a personal injury attorney at Nadrich & Cohen today for a free case evaluation.
Auto Insurance In Fault States Vs No-Fault States
In a no-fault state, drivers are required to carry auto insurance which includes personal injury protection insurance coverage, as well as bodily injury coverage and property damage liability insurance. When drivers get in accidents in no-fault states, they need to file insurance claims with their own insurance companies in order to recover compensation for their injuries, regardless of if they were at fault for the accident.
Drivers in no-fault states have limited rights regarding suing over medical injuries. Drivers who are injured in no-fault states might be able to sue only when they have severe injuries. While severity is defined differently by different states, you can usually only sue when injuries or medical expenses meet a specific threshold.
While you still have to file a claim with your own insurance company to recover compensation for medical bills in no-fault states, the at-fault driver is still liable for any damage to your vehicle. Drivers need to carry liability coverage no-fault states as well as in at-fault states.
The 12 no-fault states are: Utah, Pennsylvania, North Dakota, New York, New Jersey, Minnesota, Michigan, Massachusetts, Kentucky, Kansas, Hawaii and Florida.
In an at-fault state such as California, the at-fault party is responsible for paying for injuries and property damage suffered in a car accident. Thus, if you’ve been injured in an accident that wasn’t your fault, to recover compensation, you need to file a claim with the at-fault driver’s policy, or, if the at-fault party doesn’t have insurance, you need to file a claim under your own uninsured motorist coverage.
If you were at fault for your accident, your property damage won’t be covered by personal injury protection. You’ll need comprehensive coverage or collision coverage if you wish to avoid having to pay for this damage.
There are added difficulties when it comes to proving the other driver was at fault for your accident in an at-fault state like California. It can be very difficult and complex to do so – insurance companies will fight you every step of the way. The best way to make sure you’re able to recover every penny you deserve for your injuries is by calling us today for a free consultation so we can investigate your case, hire the best experts and prove to the insurance company that you weren’t at fault.
How Does Car Insurance Work In California?
California is an at-fault state. Because of this, the rates for car insurance are a bit lower when compared to the rates in other states. This is because it is less likely that your car insurance will end up being used.
Drivers in California need to carry minimum amounts of auto insurance. Those minimums are:
- $30,000 for injury or death to multiple people
- $15,000 for injury or death to a single person
- $5,000 for property damage
What To Do If You Are In A Car Accident
If you are injured in a car accident, you should:
Call The Police
Any accident resulting in an injury or death has to be reported to law enforcement in California. When the police arrive, be sure to ask for a copy of the police report. This copy could end up being very important evidence when it comes to proving to an insurance company that the accident wasn’t your fault.
Get photos from multiple angles. Photograph your injuries, any property damage, and anything else which might be relevant, such as roadway conditions, weather, traffic signs, traffic signals, etc.
Seek Immediate Medical Attention
Even if you don’t think you’re injured, connect with a medical professional. You might not realize you’re injured due to adrenaline or endorphins triggered by the accident. If you wait too long to have your injuries documented, an insurance company may claim that something other than the crash caused the damage.
Don’t Talk With The At-Fault Driver’s Insurance Company
Avoid speaking with the at-fault driver’s insurance company without a lawyer. The insurance adjuster may pressure you into accepting a low ball offer or trick you into admitting fault for the accident. If you say the wrong thing to an insurance adjuster, it can reduce the value of your claim.
Call Nadrich & Cohen
We have been representing car accident victims since 1990. We have recovered over $400,000,000 for our clients. We can tell you exactly how much your case is worth, help you navigate the legal process and negotiate with insurance companies to make sure you receive proper compensation.
If you’ve been injured in a car accident, call us today so we can put our experience to work for you and recover for you the maximum possible compensation for your injuries.
What If The At-Fault Party Doesn’t Have Enough Insurance To Pay My Claim?
If the at-fault party doesn’t have enough insurance to pay your claim, they are still responsible for paying for your injuries.
However, sometimes underinsured drivers won’t have the assets to pay for your injuries or property damage. In this case, if you have underinsured motorist coverage, this coverage could help cover your costs.
What Happens If The Person Not At Fault In An Accident Has No Insurance In California?
California is an at-fault state, so you won’t have to worry about financial liability if you have no insurance when you get into an accident that isn’t your fault. The at-fault party’s insurance company will have to pay for any damages in the accident.
However, the other party’s insurance company may deny liability for the accident. An experienced lawyer can help you prove that the other party was at fault.
How A Personal Injury Lawyer Can Help
If you’ve been injured in a car accident, it’s important to hire a lawyer to get the compensation you deserve. Our legal team can help you gather evidence, prove fault and navigate your court case. Contact our experienced car crash lawyers today for a free consultation.