Is California a No-Fault or At-Fault Accident State?

If you live in California and own a vehicle, then you probably know that California is not a no-fault state. For those of you driving through California because you are vacationing or working here for one reason or another, then you should be informed that California is an at-fault state. What this means is simple: if you are at fault for causing a car accident, truck accident, motorcycle accident, ride-share accident, pedestrian accident, or any other accident involving a vehicle, then you must pay the damages that result from that accident – both property and bodily damages.

How this at-fault policy plays out, however, is a bit more complex. Here’s what it means in California to be an at-fault state.

What does no-fault state mean in terms of auto accidents in California?

As an at-fault state, California still operates under the tort system, which means you can sue the at-fault party for compensation if a settlement is not to your satisfaction. But to file a claim or to sue, you must prove the other party’s fault, which is not necessary in no-fault states where compensation comes without proving fault. No-fault states often require drivers to possess some kind of personal injury protection (PIP) in addition to liability insurance.

The important factor here, however, is not the PIP insurance in no-fault states, but that in no-fault states, you almost never have the right to sue for additional compensation. This is true even if the PIP insurance does not cover all your property and personal bodily damages.

Fortunately, in California, if your damages exceed what is available through the at-fault party’s insurance, then you have the right to sue. In some situations, this may not prove beneficial because that at-fault party – usually the driver – does not have assets to cover the total extent of your damages. But in some cases, it can be beneficial, especially if the at-fault party is a business with assets.

How do you protect yourself in California given it is an at-fault state?

The downside of an at-fault state is when the driver does not have enough insurance to cover your damages and the driver also does not have the assets necessary to make a personal injury lawsuit viable against him or her. But you can help protect yourself by first ensuring you have the minimum required by California Insurance Code §11580.1b, which is:

·         $15,000 for injury/death to one person, who could be a passenger of your car or another car;

·         $30,000 for injury/death to more than one person; and

·         $5,000 for property damage, which could be damage to another vehicle or a fence outlining someone’s yard.

There are alternatives to the minimum auto insurance requirements, like depositing $35,000 cash with the DMV, but most Californians stick to the insurance minimum requirement.

As it is, however, the minimum required by law, including the $35,000 cash deposit alternative, may not cover you in cases where the at-fault driver is underinsured or not insured at all.

To help protect yourself, you can also purchase – in addition to the minimum requirements – uninsured motorist and underinsured motorist coverage (UM/UIM) in California. This kind of coverage protects you when in an accident and the at-fault driver has no insurance or his or her insurance is limited. According to California Insurance Code §11580.2, insurance companies must offer you UM/UIM insurance in California unless you opt out of it in writing.

Contact a Comprehensive Auto Accident Attorney in Newport Beach CA Today

Auto accidents happen, and when they do, you never know how serious they will be. Protecting you and your loved ones is your first priority. Our first priority is making sure our clients get the compensation they deserve through a process that is as painless as possible. We have the experience. We have the insight. And we have the commitment. Contact The Ledger Law Firm today if you have been in an auto accident in Newport Beach CA and require help.

For More Details: The Ledger Law Firm

Phone: (800) 300-0001

Website: https://www.ledgerlaw.com/

How Do I Get Compensated after an Uber Accident?

Getting compensated for property damage and/or bodily injuries after an accident with an Uber driver should be relatively easy. You would believe the same if you consider Uber's own instructions in case of an accident. Uber offers three steps toward compensation:

·         Make sure all parties in the accident are safe.

·         Contact the police and/or paramedics.

·         Contact Uber.

Uber states that it is "committed to the safety of everyone using Uber,” but it falls short stating it is committed to full and fair compensation. Further, Uber instructs persons in the accident to disclose on its app what happened, by instructing users to "Head to trip Issues and Fare adjustments > I was in an accident."In the latter section of its app, you are supposed to describe what happened.

If the accident was relatively simple and no injuries resulted, but some very minor property damage at most, then this approach to obtaining compensation may be absent of any harm to you. But, regardless if you are the Uber driver, another driver, a passenger, a pedestrian, a bicyclist, or another person affected by the accident, it is probably in your best interests not to provide your side of the story in Uber's app. What you write or say to Uber can be used against you -- and they will use it as much as they can to their advantage.

If not following Uber's instructions, what should you do to get compensated after an Uber accident? Below is a brief outline of what to do.

1. Get driver and insurance details from all parties.

Always get driver and insurance details from all relevant parties of an auto accident. This is true regardless of who caused the accident and who you are, i.e., the Uber driver, the passenger, another motorist, etc. Get information. In fact, it is the law for each driver to provide the information. You can use your phone to photograph the insurance paper, driver's license, and the license plate.

If you are in no condition to obtain this information due to injuries, then you can retrieve the police report later. In the latter report, details of the same should be provided.

2. Get any available evidence.

At the scene of the accident, take pictures, and take lots of them. You want to be sure to get different angles of the vehicles, including close-ups. Also, take pictures of the scene of the accident and the environment or conditions of the road. If there are any witnesses, be sure to take their names and contact info in the least. If time permits, record on your phone their statements of what they saw. If you were unable to take pictures due to injury, then again, you may have to rely on the police report.

After the scene, be sure to collect all medical records, including bills and treatment plans.

Evidence will be key to causation and liability, necessary elements to prove for your Uber accident personal injury claim.  

3. Contact your insurance company.

Once you are able to, contact your insurance company. You may have coverage that can help you pay your expenses while you wait for a settlement offer or trial. Depending on if you are one of the drivers, you may also be required to make a statement to your insurance company.  

Remember: you are not required to make a statement to any other auto insurer but your own. You are also not required to contact Uber via online or by phone to provide a statement. It is in your best interests not to do so, too, especially not to do so without representation by an attorney who knows your case and knows how to handle auto insurers.

4. Contact an experienced Uber accident attorney.

Uber accidents are always a little more complex than an accident between two "regular" motorists because you may have to deal with a third party: Uber. And Uber does not want to payout, just like insurance companies do not want to pay out. They will do what they can to limit or reduce compensation. Only an experienced attorney can best help you make sure you are paid for all your economic and non-economic expenses.

At Ledge Law Firm, our personal injury attorneys in California and Washington will review your case during a free initial consultation and outline your options for you. You can then make an informed decision about how to proceed. Contact us today to get started.

For More Details: The Ledger Law Firm

Phone: 800-300-0001