California has a lot to offer; the state has everything from a spectacular coastline to mountain skiing and a large desert. Whatever type of scenery you’re in the mood for, you’ll find it in the Golden State. What California doesn’t have is great traffic.
Congestion on roads is common at pretty much any time of the day, and this can lead to reckless driving and increase everyone’s chances of being involved in an auto accident. San Diego alone reported 5,522 car accidents in 2022.
So, what happens if you’re involved in a vehicle collision and you’re the at-fault driver? Can you still file an insurance claim or are you stuck paying for damages out of your pocket?
Understanding Pure Comparative Negligence
Around 13 states follow pure comparative negligence rules and California is on the list. If you’re familiar with comparative negligence standards, then you have a good idea of how pure comparative negligence can affect an accident claim.
With comparative negligence, you can still file a personal injury claim if you’re partially responsible for the accident. However, your percentage of fault can’t be more than 50%. Your settlement from your personal injury claim is reduced by your percentage of blame.
So, if you receive a settlement check for $100,000 and you’re 25% responsible for causing the accident, you receive $75,000.
Pure comparative negligence follows the same guidelines. The difference is how much blame you can be assigned before you’re unable to file a claim against the other driver’s insurance provider. Pure comparative negligence allows you to file a claim against the other driver even if you’re assigned more than 50% of the blame.
The only time you’re prevented from filing a claim is if your percentage of blame is over 99%. The reason is simple, if you’re 100% responsible for causing a car accident you can’t file a claim against the other driver since they’re not at fault.
Protecting Your Legal Rights as the At-Fault Driver
As the at-fault driver or at least partially to blame for causing the vehicle collision, protecting your legal rights should be a priority. The next steps you take can have a significant impact on your personal injury claim.
Immediately Report the Accident
California law doesn’t require immediate reporting for all car accidents. If there aren’t any injuries, including to yourself, fatalities and property damage doesn’t exceed $1,000, you have 10 days to report the vehicle collision.
However, if you have a feeling you may be partially responsible for the accident it’s a good idea to report the collision immediately. This also means staying at the accident scene and waiting for the authorities to arrive.
You will need to answer some questions about the events leading up to the accident. Be truthful in your answers but don’t provide a lot of extra details. The responding officers will often either write your statements down or record them to include in your official accident report.
The other driver’s insurance company will see a copy of the accident report and can use your statements to try and increase your percentage of the blame.
If you’re wondering who assigns fault for vehicle accidents, it’s usually determined by the responding officers and/or the insurance adjuster. You can file an appeal in civil court if you believe you’ve been assigned a larger percentage of fault than you deserve. However, this will drag out the claim process and there’s no guarantee the court will rule in your favor.
Collect Evidence
If your injuries are severe, don’t worry about trying to collect any evidence. Your health should always be a priority. If your injuries are minimal and don’t require immediate medical attention, now’s the time to realize your dream of becoming an amateur detective.
Don’t go overboard or get in the way of the responding officers. All you need is your cell phone and possibly a pen and a piece of paper.
Take pictures of any damage to your vehicle. Try to get a few shots of your vehicle’s position, as this can help prove fault. If you have any visible, minor injuries like cuts or scrapes, take a few pictures to add to your medical file. Take a look around the area for any surveillance cameras and make a note of their location. The video footage can help support your version of the accident.
You may also want to jot down a few notes about the accident while everything is still fresh in your mind. Don’t forget about any witnesses. Go ahead and get their contact information but don’t go into accident details. The other driver’s insurance company will also talk to these witnesses.
Make a Medical Appointment
You may only feel a little bruised and banged up, but nothing serious. This doesn’t mean you shouldn’t make an appointment with a healthcare provider. Some injuries can take a while to start displaying signs and symptoms. Soft tissue injuries are an example. You may even have internal organ damage and if not treated can turn into a life-threatening medical condition.
If you’re planning on filing a personal injury claim you’re going to need copies of your medical records. Don’t worry, the insurance company doesn’t need or want your medical files going back years. They’re only interested in the records about your injuries sustained in the accident. If you can’t provide your medical records, you can’t claim any injuries.
Estimate Your Property Damage
Even a minor fender bender can result in expensive repairs. You may think you only need to replace a dented bumper only to learn your alignment or suspension is off.
Before settling on a repair shop, collect a few estimates. The insurance company is going to want to see some options. Don’t be surprised if the insurance company only agrees to pay for the lowest estimate—this is a normal practice.
Retain Legal Counsel If You’re the At-Fault Driver
You should always plan on partnering with a personal injury attorney after being involved in a car accident, which proves to be especially true when you’re partially or fully to blame for the collision.
Your attorney can help protect your legal rights and ensure you’re not assigned more than your fair share of the blame.