How is Shared Fault Handled in Car Accidents?
When more than one driver is responsible for an accident, it is called shared fault. In California, the injured driver is responsible for some of the accident’s damages. The amount of these damages will be reduced by the percentage of speed and/or failure to signal of the oncoming driver. In many cases, the injured driver’s damages are entirely eliminated. In other cases, however, an injured driver may be able to recover non-economic pain and suffering damages.
Contributory negligence
Contributory negligence allows you to recover some damages in a California car crash case. Under the state’s contribution system, if you were 51% at fault, you are not liable to compensate the other party. Contributory negligence includes not paying attention to traffic signs and speeding. Although you may not have been able to stop in time to avoid a collision or your actions made it impossible, you could still be responsible for the accident.
Insurance companies’ own conclusions about fault
Insurance companies must compensate their insureds regardless of fault. Their investigators evaluate physical evidence, interview drivers and other eyewitnesses, and use a variety of other factors to determine fault. They must challenge the determination of fault in court if they find one party to be at fault. Obtaining the police report is the best way to challenge the insurance company’s findings, as it can have a major impact on the compensation you receive.
Police report
The police report will detail the accident, its cause and any other pertinent information when you file a California car accident claim. The accident report is essential evidence to prove that you weren’t at fault for the crash. In many cases, the police report is available for pickup a few days after the accident. Here are some tips to help you prepare an accident report. – Get as much information as possible.
Non-economic pain and suffering damages for uninsured drivers
In California, the “No Pay, No Play” law limits the amount of compensation a person can receive for a car accident caused by an uninsured motorist. While economic damages are recoverable from the other driver’s liability insurance policy, you cannot collect non-economic damages. These damages include pain, suffering, disfigurement, loss of consortium, and inconvenience.
Tips for admitting fault after a car accident
These tips can help you minimize your guilt when it comes to proving fault for a car accident. It is important to exchange contact information with other drivers, but you should not apologize for any mistakes made or deny any responsibility. It is important to contact the police as soon as possible. File a police report and provide a statement to your insurance provider. While you wait to file your claim for compensation, take photos of the accident scene to help you make a statement to police.