When it comes to car accident settlements California law is very clear. The state operates under a fault-based system which means that the person who is responsible for the accident is also responsible for any damages that result from it. This includes both economic and non-economic damages such as pain and suffering.
That being said there is no specific formula for how much a person can expect to receive from a car accident settlement in California. The amount will depend on a number of factors including the severity of the accident the extent of the injuries and the amount of property damage. In some cases punitive damages may also be available.
It is important to keep in mind that insurance companies are not required to offer a settlement that is fair or reasonable. They are only required to offer a settlement that is within the policy limits. This means that it is possible to receive a lowball offer from the insurance company. If this happens it is important to consult with an experienced car accident attorney to discuss your options.
There are a few other things to keep in mind when it comes to car accident settlements in California. First the statute of limitations is two years from the date of the accident. This means that if you do not file a claim within two years you will likely be barred from recovery.
Second it is important to be aware of theComparative Fault Rule. Under this rule if you are found to be even partially at fault for the accident your damage award will be reduced by an amount that is equal to your percentage of fault. For example if you are found to be 20% at fault your damage award will be reduced by 20%.
Third it is important to keep in mind that most car accident settlements are paid by insurance companies. This means that it is important to have adequate insurance coverage. If you do not have enough insurance to cover the damages you may be responsible for paying them out of your own pocket.
Finally it is important to understand that the amount of your car accident settlement is not always taxable. In some cases it may be considered to be personal injury compensation and therefore not taxable. However you should always consult with a tax professional to be sure.
car accident settlements can vary widely in California depending on a number of factors. If you have been involved in a car accident it is important to consult with an experienced car accident attorney to discuss your options and ensure that you are getting the full amount of compensation that you are entitled to. Answers to those questions:
1.
How much can I expect to receive from a car accident settlement in California?
Answer: The amount you receive from a settlement will depend on many factors including the severity of your injuries the amount of damage to your vehicle the at-fault driver’s insurance coverage and more.
In general however you can expect to receive a settlement that covers your medical expenses vehicle damage lost wages and pain and suffering.
2.
How long will it take to receive my settlement?
Answer: The length of time it takes to settle a car accident case in California will again depend on many factors.
If the at-fault driver’s insurance company is quick to accept liability and negotiate in good faith your case could be resolved within a few months.
However if the insurance company is uncooperative or disputes liability your case could take years to resolve.
3.
What if the at-fault driver does not have insurance?
Answer: If the at-fault driver does not have insurance you may still be able to collect a settlement from your own insurance company if you have uninsured motorist coverage.
You may also be able to sue the at-fault driver directly but it can be difficult to collect a judgment from an individual.
4.
I was in a hit and run accident.
Can I still collect a settlement?
Answer: Yes you can still collect a settlement even if the at-fault driver fled the scene.
If you have uninsured motorist coverage your own insurance company will still be liable for your damages.
You may also be able to collect from the at-fault driver’s insurance company if you are able to identify the driver.
5.
I was involved in a car accident with a commercial truck.
How is my case different?
Answer: If you were involved in an accident with a commercial truck your case will likely be different in a few ways.
First the trucking company will likely have much more insurance coverage than a regular driver so you may be able to collect a larger settlement.
Second there are many federal and state regulations that apply to commercial trucking companies so you will need an experienced attorney to help navigate the complexities of your case.
6.
I was injured in a car accident but it was my fault.
Can I still collect a settlement?
Answer: Even if you were at fault for the accident you may still be able to collect a settlement from the at-fault driver’s insurance company.
California is a comparative fault state which means that you can collect damages as long as you are not more than 50% at fault for the accident.
However your damages will be reduced by your degree of fault.
7.
The other driver’s insurance company is offering me a low settlement.
What should I do?
Answer: The first step is to review the settlement offer with your attorney to make sure that it is actually low.
Insurance companies often make low initial settlement offers in the hopes that accident victims will accept them without fully understanding their rights.
If the offer is actually low your attorney may recommend negotiating with the insurance company or filing a lawsuit.
8.
I was in a car accident but I only have liability insurance.
Can I still collect a settlement?
Answer: Yes you can still collect a settlement even if you only have liability insurance.
Your insurance company will be required to pay for the property damage caused by the accident and the at-fault driver’s insurance company will be responsible for your bodily injuries.
However you will likely have to pay for your own medical expenses out of pocket since most liability insurance policies do not cover medical bills.
9.
I was in a car accident but I don’t think I was injured.
Should I still see a doctor?
Answer: Yes you should still see a doctor even if you don’t think you were injured.
Some injuries such as whiplash can take days or even weeks to fully develop.
Additionally it is important to have a record of your injuries in case you decide to file a lawsuit or negotiate a settlement at a later date.
10.
The other driver’s insurance company is asking for my medical records.
Do I have to give them to them?
Answer: No you are not required to give the other driver’s insurance company your medical records.
In fact it is generally not a good idea to give the insurance company any information beyond your basic contact information.
Once you have retained an attorney the insurance company will have to go through your attorney to request any additional information.
11.
I was in a car accident and the other driver was cited by the police.
Does that mean I will automatically win my case?
Answer: No receiving a citation does not mean that you will automatically win your case.
The citation is simply evidence that the other driver was likely at fault for the accident.
However there are many other factors that will be considered when determining who is at fault for the accident such as witness statements the police report and more.
12.
I was rear-ended in a car accident.
Is the other driver automatically at fault?
Answer: No the other driver is not automatically at fault just because he or she rear-ended you.
There are many circumstances in which rear-end accidents can be caused by the front driver such as if the front driver suddenly brakes or makes an illegal turn.
However in many cases the rear driver will be found at fault because he or she should have been paying attention to the stop-and-go traffic and been able to stop in time.
13.
I was involved in a car accident with a drunk driver.
What are my rights?
Answer: If you were involved in an accident with a drunk driver you may be able to collect punitive damages from the at-fault driver.
Punitive damages are designed to punish the at-fault driver for his or her actions and deter others from driving drunk.
In order to collect punitive damages you will need to prove that the driver was intoxicated at the time of the accident.
14.
I was involved in a car accident but I don’t have a driver’s license.
What are my rights?
Answer: If you were involved in a car accident but you do not have a driver’s license you may still be able to collect a settlement from the at-fault driver’s insurance company.
However your lack of a driver’s license may be used as evidence that you were at fault for the accident.
Therefore it is important to have an experienced attorney who can help you navigate the complexities of your case.
15.
I was involved in a car accident but I don’t have car insurance.
What are my rights?
Answer: If you were involved in a car accident but you do not have car insurance you may still be able to collect a settlement from the at-fault driver’s insurance company.
However your lack of car insurance may be used as evidence that you were at fault for the accident.
Therefore it is important to have an experienced attorney who can help you navigate the complexities of your case.
