San Diego Car Accident Lawyer

What is California Car Accident Law?

Drivers in California should be aware of the laws that apply to them if there has been an auto accident. These laws affect the way insurance claims get processed if there is a valid legal claim and how long a victim has to file those claims.

Minimum Insurance Requirements

In California, the law holds automobile owners accountable for money damages caused by accidents. By law, drivers must carry insurance on their vehicles that cover 15/30/5. These numbers represent the following amounts:

• $15,000 for injuries or death of one individual
• $30,000 for injuries or death to multiple individuals
• $5,000 for damage to property

Drivers are required to show proof of insurance when they renew their car registration, have been in an accident, or if highway patrol requests it. Drivers that do not provide proof of insurance when asked can have their license revoked or be made to pay fines. An auto accident attorney can help you understand insurance requirement.

Uninsured Motorist (“UM”) and Underinsured Motorist (“UIM”) Insurance Coverage

Insurance carriers in California are required by law to offer coverage for uninsured motorist bodily injury and underinsured motorists. This insurance protects their clients in car accidents from other drivers who did not have insurance or did not have enough insurance to cover damages to body or property. Uninsured motorist bodily injury coverage covers up to the amount of coverage of the insured’s liability. Underinsured motorist coverage fills the gap between the actual costs the accident caused and the amount covered by the underinsured driver’s insurance. A car owner must submit a written refusal if they do not want to carry this type of coverage.  A car accident lawyer can help you understand underinsured motorist coverage.

Other Forms of Car Accident Insurance

In California, a driver must carry these minimums, but they may take more insurance if they wish. California has a tort-based insurance system which means the driver found responsible for a car accident can be sued for any damages their insurance didn’t cover. Additional types of insurance are available to protect drivers:

• Increased liability insurance
• Medical payments
• Comprehensive coverage
• Collision coverage
• Theft coverage

Accident Reporting

Individuals that have been in a car accident are required by law to perform specific duties. The driver should pull over, check for injuries to themselves or others, offer assistance if able to do so, and give and receive insurance information to the other drivers.

If there was an injury or death because of the accident, drivers are required by California Vehicle Code § 20008 to submit a report in writing to the police or California Highway Patrol within 24 hours. The driver will not have to provide their statement if an officer shows up at the scene and fills out an accident report.

The accident must also be reported to the DMV within ten days (per California Vehicle Code §16000) if the accident caused:

• Death
• Injury
• Damage to the property over $750

This report must contain:

• The names and addresses of the drivers and any injured persons
• Time, date, and location of the accident
• Birthdate, driver’s license information of any drivers
• Insurance information on any drivers
• Description of damage to property or body

What to Do in A Car Accident in California

If there has been a car accident, be sure to take the following steps to ensure you are protected and have all the information you may need later on. First, check for injuries to yourself or others. Call 911 if there is a medical emergency. Contact police or CHP if there has been an injury to body or property. It is at the discretion of the police to show up to the accident.

Exchange the following information with other drivers:

• Names
• Addresses
• Telephone Numbers
• Driver’s license information
• License plate and VIN
• All Insurance information

Be sure to get names and contact information from all driver’s and anyone who witnessed the accident in case more information is needed later on.

Take pictures from different angles of the following items:

• Scene of the accident
• Damage to any vehicles
• Traffic controls/signs
• Visual obstructions
• Any damage on the road

Seek medical attention if you have been injured. Let the doctors know you have been in an accident so that it may be recorded on your medical record.

Contact your insurance company as soon as possible after a car accident. You may also want to contact our car accident lawyer to help you.

Money Damages Involved in An Accidents in California

In California, the law protects those personally injured as a result of others’ neglect. Compensation for these losses is known as damages. Most states, including California, break these down to economic damages and non-economic damages.

Economic damages include:

• Vehicle repair or replacement
• Past and future medical expenses
• Lost income
• Loss of employment or business opportunities
• Lost earning capacity
• Loss of property use
• Burial Expenses

Non-economic damages include:

• Pain and suffering
• Emotional distress
• Disability
• Inconvenience
• Mental anguish
• Disfigurement
• Loss of Consortium, affection, or companionship

There is no limit to damages that can be recovered in California. Although there is a special law in California that prevents uninsured motorists from being compensated for non-economic damages no matter who was at fault. You may contact our car accident lawyer to help you determine liability.

Statute of Limitations

An individual has a limited amount of time to sue someone for personal injury. This time limit is known as the statute of limitations. Cases filed passed this time limit could be thrown out of court. The time limit to sue for victims with bodily injuries in an car accident in California is two years.

Tolling the Statute of Limitations

There are certain times when the statute of limitations can be paused or “tolled” because of certain events. These events could be:

• The plaintiff cannot find the defendant
• The defendant is incarcerated
• The victim is minor or mentally disabled
• An injury from the accident was discovered reasonably later

Our car accident lawyer can help you determine if these particular circumstances apply to your case.

Government Accelerated Claims

The statute of limitations can also be shortened if a claim is made against a local, county, or state government. An injured person has six months from the accident to sue. Usually, in these circumstances, an administrative claim has to be filed. You should contact our car accident lawyer to help you with claims against the government.

Determining Liability

Liability for a car accident is usually contingent on the person who negligent in their actions while driving.

Here are some examples of negligence:

• Driving while distracted
• Driving under the influence of alcohol or drugs
• Disobeying traffic laws or signals
• Not looking
• Speeding
• Following too closely

Rules of the Road

Drivers must follow the rules of the road to prevent acts of negligence. The following are examples of some of these rules:

• Speed limits – Speed limits must be obeyed at all times. If road conditions are abnormal, drivers must go below these limits
• Preemption – When leaving a driveway, alley, or road, oncoming traffic has the right of way. Drivers must only pull out when it is clear to do so.
• Following distance – Drivers should leave enough space between them and the car in front to allow for sudden stopping. Most drivers that hit a vehicle from behind are found at fault.
• Distracted Driving – Drivers should not engage in actions that take their eyes or mind off the road. These actions could include removing hands from the steering wheel, or operating electronic devices while driving.

There are other rules of the road also to follow. An experienced personal injury lawyer can help determine if the appropriate laws were followed in your accident. A judge or jury may have to decide who is at fault according to these rules.

Insurance Investigation

Most insurance claims have a claims adjustor assigned to the case. The adjusters are authorized to obtain any information about the accident. They may contact witnesses, obtain police reports, medical reports, or proof of lost income.

Pure Comparative Negligence System

California has a system in place to find liability if more than one person or entity is involved in a personal injury claim. This system allows each individual to be responsible only for their portion of fault. Car accident victims can cover at least part of their damages, and injured persons are prevented from getting compensation if they were at fault.

An example of this might be if there were two drivers in an accident. One ran a stop sign, and the other was speeding. The first driver might be deemed 70 percent responsible, and the speeder might be found 30 percent responsible. If the first driver were injured and sustained $100,000 in damages, their damages would be 30 percent less. The second driver would, therefore, be responsible for 30 percent of those losses.

California law allows more than one party to be at fault in an accident. Financial losses are divided among those parties responsible based on their percentage of fault.

Even if a victim was partially at fault for damages, they could still receive compensation from other parties involved in the accident.

The “pure” term in this law refers to the fact that a victim can receive compensation for damages even if they were found at fault. By example, a victim was found 90% at fault for an accident. They can receive compensation for the other 10 percent of losses. Other states will only allow a victim at fault to receive compensation if they are less than 50 percent to blame. Or the total liability of the other parties is more than the victim’s percentage of responsibility.

Judges and juries usually apply this system, but insurance adjusters can also use this system. A settlement offer based on the adjuster’s decision of fault may be administered. Our car accident lawyer can help you understand comparative negligence to determine apportionment.

Seek Help from a Experience Car Accident Lawyer

Contact our car accident lawyer when you are involved in a car accident in California. An experience car accident lawyer can help you recover the most amount of damages. They can assist you with advising you of your legal rights, communicating and negotiating with insurance companies, and create demand letters. They will most likely conduct their own investigation from evidence and information to help determine who is at fault and what the total damages could be.

Our office takes car accident cases on contingency, which means we only receive a payment if you settle or obtain a verdict from the court on your case.

Please call our car accident lawyer for  free consultation: 619-550-1321.

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