Crucial Factors In Car Accident Settlements: California Insights

At Starpoint Law, we first determine the extent of your injury, including intangible injuries such as pain and emotional distress. So we strategically negotiate with the insurance company to increase the amount they are willing to pay.

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Negotiation can be a challenging process that few people are prepared for, but we have the skills and experience to give our clients what they need.

People often call our law firm and ask, “Is California a no-fault state?” In reality, California remains a “fault” state, meaning that it is important to determine who is responsible for a car accident.

In a fault system, the person who caused the accident is responsible for paying compensation to the victims.

Some of the nation’s largest states are no-fault, including New York and Florida. For example, in Florida, drivers buy $10,000 in personal injury protection, called PIP.

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After an accident, the driver contacts their PIP insurer to obtain an adequate payment of medical benefits and compensation for a portion of lost wages.

In swing states like California, things are different. Here, if you get hit by another car, you don’t judge your liability insurance. Instead, you file a claim with the insurance provider of the driver who caused the accident.

For example, in a no-fault system, injured drivers can usually get benefits faster because the insurance company doesn’t care who is at fault in the collision.

However, a no-fault system can incentivize people to drive carelessly and recklessly because they know their injuries will be covered even if they cause an accident.

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Each system has pluses and minuses. For example, in a no-fault system, injured drivers can usually get benefits faster because the insurance company doesn’t care who is at fault in the collision.

The problem is in California. If you caused the accident, then the driver’s liability insurance will not pay your medical bills. Your insurance will not pay you.

For this reason, you need to make sure that you have enough evidence to prove that the other driver is at fault.

Insurance companies hire investigators to determine fault in accidents, and these investigators will look at the following evidence:

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If the insurance company believes that you are solely at fault, you may not receive any compensation regardless of how badly you are injured.

An attorney can gather evidence for you and present it to the insurance company to help determine whether you qualify for benefits.

California law recognizes that sometimes a victim can contribute to their own accident through their own negligence. This is called “non-obligatory negligence”.

It used to be that no victim who was even 1% responsible for their accident could sue for compensation – it was completely forbidden!

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The law has changed for the better. Now a victim can sue even if they are 99% responsible as long as someone else is at least 1% responsible.

For example, a driver must not use a turn signal and stop too quickly at an intersection. The car behind her crashed into her rear.

In this case, the hit-and-run driver is often at fault for the collision. However, if the track was speeding at the time of the accident, the jury may find that it bears at least some responsibility for the accident.

If so, the hit-and-run driver can still receive compensation, but the amount will be reduced by the percentage of her fault. This is called collation error.

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Car accidents leave many victims with thousands of dollars in medical bills. Even worse, many people are unable to return to work, forced to recover at home or in hospital.

At Starpoint Law, we understand that injured drivers need compensation to help cover unexpected expenses as well as utility bills.

Without money, you may find you can’t afford your rent or mortgage, and you may fear having to move.

Fortunately, if the accident was caused by another driver, you may be able to receive compensation as part of a settlement. The amount of car accident compensation depends on many factors and there really is no “average” settlement.

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The purpose of a car accident settlement is to compensate you for your losses

A lawyer can help you assess the extent of your financial loss. Gather documents such as medical bills, receipts, stubs, proof of self-employment income, and child support statements.

These losses are difficult to calculate, but a lawyer can use their experience to arrive at a reasonable number.

Another thing to consider is the degree of fault in the accident. If your negligence contributed to the accident, then you should not expect to receive 100% compensation for your injuries.

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Melissa was hit on the freeway while trying to pass a car driven by someone who wasn’t sure where he was blind. However, Melissa is also driving along the busy road, checking whether she has received an SMS on her mobile phone. In this case, both drivers were negligent and the jury can decide on the share of fault in the accident – 50/50. If Melissa’s injuries are worth $50,000, then she can expect to receive only half of that amount because she is 50% at fault. If she is 80% responsible for the accident, then she will only get 20%, or $10,000. Your attorney will need to discuss with you whether your negligence contributed to the accident. If there is, you will need to adjust the amount of compensation you can receive. Check your driver’s at-fault insurance policy

California requires drivers to carry at least $15,000 in bodily injury liability coverage, up to $30,000 in accident coverage.

In most cases, drivers do not purchase more than the minimum coverage, so $15,000 may be all that is available to cover your medical expenses, lost wages, and pain and suffering. (If you have property damage, the driver must have at least $5,000 to cover that damage.)

Unfortunately, many people end up paying more than the insurance amount for the at-fault driver. In that case, you may have purchased an uninsured motorist

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