Will Fault Be A Factor In Your California Car Accident Claim
by Mike Payne | Sep 8, 2022 | Car Accidents, Personal Injury
Car accidents are the leading cause of personal injury in the U.S., and over 200,000 thousand people are injured from motor vehicle crashes in California alone. When youve suffered a serious injury as a result of a car accident, you will likely be faced with a challenging road to recovery. Medical expenses, lost wages, and property repair costs add up quickly, which means many car crash victims are eager to reach a settlement with the insurance company. Contact us here if we can help or call us at 888 964-1530.
In some cases, one driver is determined to be at fault for the accident, and the process can move forward relatively simply. However, it is possible that more than one driver could have contributed to the accident. Will fault be a factor in your car accident claim?
At-Fault Drivers
Examples of West Covina Car Accidents in Los Angeles County
Examples of negligent driving include speeding, running a red light, texting while operating the vehicle, or driving under the influence. Californias laws on driver negligence state that in order to receive compensation based on a claim of negligence, it must be proven that the at-fault driver:
1. Owed a duty of care to the injured individual.2. Breached that duty by driving negligently and3. Caused the injuries through their negligence.
Types of Damages
Comparative Fault
Practice Areas
Does Car Insurance Cover At
The type of car insurance you have will play a big role in the coverage you get when youre making an at-fault car accident insurance claim. Lets look at some of the more common types of car insurance and how they come into play. Keep in mind, car insurance requirements by state can vary, so its best to check with your agent to understand the at-fault laws where you live.
File For Arbitration Online
To seek arbitration online you can use the New York Insurance ADR Center online service. Their website allows you to complete and submit an Arbitration Request form . Using this website, youll be able to submit your form and the site will immediately generate a case number that will provide you an easy way of finding your information in the future.
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Faster Car Repair And Medical Benefits
If you are waiting for the other drivers insurance company to pay for your car repair, you may be waiting for several weeks or months. By contacting your insurance company, you may be able to arrange to get your car repaired faster and get on the road more quickly.
You may also have to pay out-of-pocket for some medical services. Contacting your insurer may give you access to coverage for medical treatment faster than waiting for the other drivers insurance company to compensate you.
Understand Your Injury Coverage
In most states you would make a claim for your injuries through the at-fault persons auto insurer. If they are uninsured, you could make a claim through your own uninsured motorist bodily injury coverage, if you have it, or through your health insurance.
There are some states that require you to purchase personal injury protection and have slightly different rules for collecting for your injuries after an accident. For example, your PIP coverage pays for your medical expenses and lost wages, even if you are not to blame for the crash. Receiving your PIP benefits requires you to make a claim under your own insurance policy. A deductible and/or copayment may be due when you use your PIP coverages.
This is commonly the situation in no-fault states although the law differs in each one. Some no-fault states give you the option of contacting the at-fault drivers insurer to recover medical expenses not paid by your PIP. Your vehicles property damage would still be claimed through the at-fault partys liability coverage in no-fault states .
According to the Insurance Information Institute, 12 states and Puerto Rico have no-fault insurance laws: Florida, Hawaii,, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota Pennsylvania and Utah. If you live in one of these states, its wise to check with your insurance agent, or your state insurance department, for the tips on how to handle third-party accident claims.
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The 3 Types Of Negligence
In the car insurance world, negligence indicates fault. If you’re negligent in a car accident, you are at fault. There are three types of negligence: pure contributory, pure comparative and modified comparative. Even with a PIP policy, you may exhaust coverage and would need to file a claim under the other driver’s BI insurance. This process differs by state because each one defines negligence differently.
Questions About Auto Accident Injuries In New York
At Rosenblum Law, we understand the life-changing effects auto accident injuries can have. Well help you understand all your options and determine the best course of action for your particular circumstances. If you have a claim, well also guide you through the process and fight on your behalf for maximum compensation.
For a free consultation, call us today at 888-235-9021 or contact us through our website at www.rosenblumlaw.com/contact. Were passionate about helping all our clients get the compensation theyre owed and we wont take a fee unless we win a settlement or verdict for you.
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No Win No Fee Claims If Injured In A Car Accident
While you cannot make a personal injury claim for a car accident without an injury, if an injury has presented itself after the accident, and you could prove it was caused by the accident, you could make a personal injury claim.
While you could make a claim without a personal injury solicitor to help you, claiming after the event could be quite complicated, and you may prefer to have a legal professional on your side.
The great news is that you could use the services of a personal injury solicitor from Legal Expert without having to pay them until your compensation settlement has been paid out. All of our solicitors work under No Win No Fee payment terms, which means there would be no legal fees to pay upfront or during the process of your claim.
You would be asked to sign a Conditional Fee Agreement in order to begin your claim. Your solicitor would send this to you and it would explain the success fee youd pay them if they achieved a settlement for you. This is a legally capped amount and would usually be a small portion of your eventual settlement.
If a compensation settlement wasnt achieved, you wouldnt pay your lawyer the success fee. In addition to this, you wouldnt be expected to pay their costs.
If youd like us to assess your case to see if you could make a No Win No Fee claim, or if you have any questions, simply call our advisors today. Well be happy to help you.
What Are The Steps For Filing For Arbitration
Filing for arbitration if youve been denied benefits claims for injuries, treatments, or lost wages as the result of an accident can be filed through the American Arbitration Association. There are two ways you can go about this: online or by mail. If you have a pending lawsuit or third-party claim arising out of the accident, speak to your attorney before filing for an arbitration. Your case could be impacted by an arbitration determination.
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Information You Should Provide Your Insurer
When you contact your agent, you should be prepared to provide the information you collected such as:
- Contact information of all parties involved in the auto accident
- Insurance policy information of all drivers involved in the accident including the drivers name, insurance provider, and the policy number
- The law enforcement agency that arrived on the scene of the accident
- Location, time, and date of the accident
- Details about the damage or your injuries, and, if possible, take photos or videos of the property and damage and your injuries
Make sure the information you provide to the insurer is clear, concise, and accurate. If there are any discrepancies in the information, it could work against your personal injury case. Provide only the facts and nothing else.
Is Your No Claims Bonus Protected
Some insurers allow you to protect your no claims bonus. This may allow you to have a certain number of accidents without affecting your bonus. Even if your insurer cannot claim their costs back after an accident that was your fault, your no claims bonus could remain intact if youve chosen to protect it.
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What Is A Third
A third-party claim is when you file an insurance claim with another drivers insurance company. There are three parties in this situation the other at-fault driver, the other drivers insurance company and you. You are considered to be the third party.
In most cases, if you arent at fault in a car accident, the other drivers state-mandated liability insurance coverage would pay for damage to your car, property and for medical bills for injuries, up to the limit of the policy. This is especially useful if your policy doesnt have adequate coverage. In no-fault states, however, regardless of who is determined to have caused the accident, youd file a claim with your own insurance company.
Can I Claim For An Accident That Was My Fault
To claim compensation you will need to show that the accident was the fault of another person or organisation. If the accident was completely your fault it is highly unlikely that you will be able to make a claim.
If you were partly at fault, however, you may be able to make a claim.
Compensation is paid when a person has suffered injury or loss as a result of some negligent act or breach of duty by another person or organisation. In other words, you can claim compensation if your injury was negligently caused by someone else. The claim is brought against the other person or, more usually, against the other persons insurance company.
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Fault In Rear End Accidents
Rear-end collisions are one of the most common types of accidents. If a car hits you from behind, it’ll almost never be your fault, even if you were stopped. One basic driving rule is that you’re supposed to leave enough room in front of your car to stop when the car in front of you stops suddenly. If the driver behind you couldn’t stop, he or she probably wasn’t driving safely.
When one car’s rear end is damaged and another car’s front end is damaged, there really isn’t much to argue about who hit who. But the driver who hit you may have a claim against a third party driver that caused you to stop suddenly or the car behind him that pushed him into your car. This doesn’t affect his or her liability for the damage to your car.
Although another driver was probably at fault, you may also be partially at fault if your negligence contributed to the accident. For example, if your brake lights were out or you had a flat tire and decided to stop in the middle of the road, you may also bear some comparative negligence which will reduce your monetary compensation.
What Can I Recover
There are several factors that determine the compensation you may be entitled to. These include the type of accident and injuries involved, the scope of insurance coverage, issues pertaining to liability, amongst various other criteria. Whether its a motor vehicle accident, a slip and fall, or any other type of circumstance leading to injury, the lawyers at Bergel Magence will explore every avenue to ensure that you get fairly and adequately compensated.
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The New York Car Accident Statute Of Limitations
A “statute of limitations” is a law that sets a time limit on your right to bring a lawsuit. If you miss the time limit set by this law and you try to file your car accident lawsuit after the deadline has already passed, the New York court system is almost certain to dismiss your case, unless some rare exception applies to extend the deadline.
In most situations, you have three years, starting from the date of the crash, to get your car accident case started in the New York court system. For the details, learn more about the car accident statute of limitations in New York.
At Least Two Parties Are At Fault
If you get involved in an accident caused by both you and the other party, the process of making a claim becomes a bit more complex. This is because when there are at least two parties at fault in an accident, the responsibility is shared by both parties. In legal terms, this is called contributory negligence. If you are involved in an accident like this, which is caused by both you and the other party involved, there is still a chance that you can make a claim compensation. Obviously, however, the compensation you will receive will be less than the total amount you may otherwise receive if the court determines that you did not have any contribution to the accident. In this case, part of the total compensation will be deducted since you are partly at fault. That means if you and the other party are both 50% responsible for the accident, then you can expect a 50% deduction from your final compensation. This usually happens when the victim got into an accident because he was not paying attention on the road.
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Can I File An Injury Claim If A Car Accident Was My Fault
Created by FindLaw’s team of legal writers and editors| Last updated December 03, 2018
After slamming into a parked car and shattering the bones in your legs, you finally understand the dangers of sending text messages while driving. In fact, you’ll have a few months to think about it as you lie in bed with your legs in traction. You were the one who failed to pay attention, so you’re likely the at-fault party. But can you file an injury claim if the car accident was your fault? Provided you have the right kind of coverage, the answer is usually yes. In any event, it’s important to know exactly what your policy covers before you need it.
The following will help you learn more about filing injury claims when you are at fault for an accident, including a primer on no-fault insurance laws, personal injury protection, and medical payments coverage.
New York State Law Also Requires That Motorists Carry A Minimum Amount Of Auto Liability Insurance With Coverage Of:
- $25,000 for bodily injury to one person
- $50,000 for bodily injury to all persons
- $10,000 for property damage in any one accident.
Liability coverage pays for injuries to others and damage to others vehicles if the policyholder was at fault in a car accident. The coverage ensures payments to the injured if the policyholder or another driver with permission to drive the car caused an accident that resulted in serious injury or death to others or damage to their property.
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Immediately Following The Accident
Try to ensure your own safety and the safety of others. Steps to take to accomplish this may include the following:
- Move yourself and your vehicle to the side of the road if it is safe to do so
- Contact 911 if anyone has been injured
- Contact the police to provide notice of the accident
The most important thing is to prevent anyone else from being injured and to make sure any damage you and your passengers incur is minimized.
Damages For An Alaska Car Accident
The purpose of personal injury law is to make an injured plaintiff whole. In other words, if you were injured because of someones negligence, youre entitled to be restored to the financial condition you would be in if the accident hadnt happened. Damages is the money you can receive from an insurance settlement or lawsuit.
Insurance provides car accident damages that include:
- Medical treatment, including hospital visits, surgery, prescription medication, diagnostics like MRI or CT scans, and other treatment
- Ongoing therapies, like occupational or physical therapy
- Prosthetics or other orthotic or assistive devices
- Lost wages, present and future and
Damages/Expenses Worksheet
There are a variety of ways that a lawyer can be helpful.
First, they can review the evidence and determine liability for the accident. If you share fault, they will work to minimize your percentage of fault so you can recover as much in damages as possible.
Second, if the accident caused severe injuries, insurance might not offer you the full amount that you deserve to be compensated. Its possible that the insurance company is trying to lowball you, but also that the full extent of your injuries exceed the policy limits.
Either way, your lawyer works with medical, financial and actuarial experts to ensure that you receive the compensation you need in order to move forward.
Your First Meeting with an Attorney
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Will A Car Accident Affect Your No Claims Bonus
Being at fault in a car accident could affect your no claims bonus, even if you claim for a car accident without an injury. If an insurer has to pay out on a claim because of an accident that was your fault, they are also likely to charge higher premiums to you in the future.
You do not have to submit a claim to your insurer for an accident that was not your fault, and you could pay for the cost of repairs yourself in order not to lose your no claims bonus. However, this may only be an option if the other driver agrees. If they make a claim against you, you could lose your no-claims bonus even if you pay for your own repairs yourself.
Even if an accident was not your fault, you may choose to accept the other drivers offer of paying for the repairs, rather than making a claim for a car accident without an injury. This is because your no claims bonus could be lost even if you make a claim for damage caused by a non-fault accident.
Your premiums may also increase, as some insurance companies believe that those who have claimed for a non-fault accident are more likely to have an at-fault accident in the future.
: https://www.thisismoney.co.uk/money/cars/article-3052191/How-drivers-insurance-costs-soar-no-fault-accidents-don-t-claim.html