If you were injured in a car accident in California and believe that fault was wrongly attributed to you, you need to know how to dispute the fault assessment and pursue compensation for your injuries and financial losses.
In California, specific laws that govern fault in car accidents and disputing fault can be a complex process. Here are some steps you can take to dispute fault in a car accident in California.
Hire an Attorney
If you’re disputing fault in a car accident, hiring an experienced personal injury attorney is a good idea. They can help you through the legal process, explain the laws, and protect your rights. They can also help you gather evidence and negotiate with the other driver’s insurance company.
Understand the Laws Governing Fault in California
California is a “fault” state when it comes to car accidents, which means that the person responsible for causing the accident is also responsible for paying for the damages. In California, drivers are required to carry liability insurance to cover the costs of any damages or injuries they cause in an accident.
Under California law, four elements must be proven to establish fault in a car accident. These are:
- Duty: Every driver has a duty to operate their vehicle in a safe and responsible manner.
- Breach: If a driver fails to uphold their duty, they have breached that duty.
- Causation: The driver’s breach of duty must be the direct cause of the accident.
- Damages: The accident must have caused damages, such as physical injuries or property damage.
To dispute fault in a car accident, you must collect evidence supporting your version of events. This may include:
- Police report: If the police were called to the accident scene, they would have created a report that includes details about the accident, witness statements, and any citations that were issued.
- Witness statements: If there were any witnesses to the accident, get their contact information and ask if they are willing to provide a statement.
- Photos: Take photos of the accident scene, including vehicle damage, any skid marks, and any other relevant details.
- Medical records: If you were injured in the accident, keep track of all medical records, including doctor’s visits, tests, and treatments.
File a Claim with the Insurance Company
After a car accident, you must file a claim with your insurance company. Be sure to provide them with all the evidence you’ve collected, including the police report, witness statements, and photos. Your insurance company will investigate the accident and determine who is at fault. If they find that you are at fault, your insurance rates may increase.
Negotiate with the Other Driver’s Insurance Company
If you believe the other driver is at fault for the accident, you can file a claim with their insurance company. Be sure to provide them with all of the evidence you’ve collected. The insurance company will investigate the accident and determine who is at fault. If they find that their insured driver is at fault, they may offer you a settlement to cover the damages.
File a Lawsuit
If you can’t reach a settlement with the other driver’s insurance company, you may need to file a lawsuit. This is a complex and time-consuming process, and it’s important to have an experienced personal injury attorney on your side.
In California, there is a statute of limitations for filing a personal injury lawsuit. This means that you have a limited amount of time to file a lawsuit after an accident. The statute of limitations for personal injury lawsuits in California is two years from the date of the accident.
Contact Us Today
It’s important to remember that disputing fault in a car accident can be a complex and difficult process. It’s important to have an experienced personal injury attorney on your side to guide you through the process and ensure that your rights are protected.
If you were injured in a car accident that was not your fault – or you dispute the percentage of fault an insurance company assigned to you – you need an experienced personal injury attorney on your side. The San Diego car accident attorneys of Jurewitz Law Group Injury & Accident Lawyers know the strategies and tactics insurance companies use to reduce what they will pay you for your medical expenses and other financial losses associated with the accident.
We will negotiate with the insurance company on your behalf. We will take them to court if they are unwilling to settle for full and fair compensation. Call (619) 233-5020 for a free consultation today and Get Ross!