What Does it Mean for California to be a “Fault” State?

May 22,2018

What does it mean for California to be a “fault” state? Basically, it means that the person at fault for an auto accident can be held responsible for damages incurred by the victim. The at-fault driver’s insurance should be the policy that pays for the other driver’s medical expenses and property damage. The at-fault driver can also be held responsible for non-economic damages the victim suffered. Most states operate as fault states, California included.

This system can be compared to a no-fault state, such as Florida, where the injured driver can file a claim with their own auto insurance company to cover medical expenses. These states mandate that drivers carry Personal Injury Protection (PIP) insurance. In these states, your personal insurance policy covers your medical expenses, no matter who was at fault for the accident.

Proving Fault in a California Car Accident

Of course, fault in an accident is not always cut and dry. If you believe the other driver was at fault for the accident, you will need to prove that their negligence caused your accident and the injuries that resulted. Sometimes the at-fault driver’s insurance company is quick to accept that their client was at fault. More often, though, insurance companies try to avoid paying out claims. That means their insurance adjusters might try any number of tactics to lower the payout. This could include trying to get you to admit fault or partial fault, claiming that your injuries are not as severe as you say, or simply offering you a lowball settlement amount.

It is often in your best interest as an accident victim to hire a personal injury attorney to help you prove the other party’s negligence caused your injuries. While it is not always necessary to have an attorney represent you after a car accident, it is a good idea to consult with one if you are in any way concerned about the outcome of your claim.

“It might seem like proving negligence in an accident should be simple, but all too often insurance companies make it difficult for victims. Our team is here to help our clients get the compensation they deserve for their injuries,” said Attorney Walter Clark, founder of Walter Clark Legal Group.

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured in an auto accident and want to discuss your legal options, contact us today for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, El Centro, and Yucca Valley, and represent clients through the entire California Low Desert and High Desert communities.

DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.