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/
