Car accidents aren’t always clear-cut. It’s possible for both drivers to share responsibility for a crash. If we find ourselves partially at fault for an accident, understanding how California’s comparative negligence laws work can help us know what to expect.
How comparative negligence affects compensation
California follows a pure comparative negligence system, meaning that even if we’re partially responsible for an accident, we can still seek compensation. However, the court will reduce our compensation by the percentage of fault assigned to us.
Determining fault in a car accident
Determining fault in a car accident involves gathering evidence, including police reports, witness statements, and sometimes expert testimony. The court will examine both parties’ actions to see how each contributed to the accident. Insurance companies typically play a role in determining these percentages during the claims process, but courts can also make the decision in some cases.
How fault affects insurance premiums
Being partially at fault in a car accident can also impact our insurance premiums. Insurance companies may increase rates based on the percentage of fault assigned to us in the accident. The higher our level of responsibility, the more likely it is that we’ll face higher premiums. However, this increase can vary depending on the specifics of the accident and the terms of our insurance policy.
Key factors in navigating comparative negligence claims
Every detail of the accident and each party’s actions can influence the outcome of a claim. By staying informed and aware of the factors at play, we can approach the claims process more effectively and ensure the best possible resolution.