California Car Accident Compensation Laws

Auto accidents are common on the freeways of California. Knowing the California car accident compensation laws is essential for all drivers. This article discusses what you need to know about California car accidents, including:

• Insurance coverage
• What to do after an accident
• How to get appropriate compensation for your injuries and losses

Auto Insurance Coverage in California

Let's start with car insurance and the insurance code. All vehicles in California must have auto insurance. You must carry proof of insurance with you at all times. You must provide your insurance information to law enforcement and other drivers after a car accident, along with your driver's license and contact information.

All California drivers must have minimum liability insurance policies. Liability insurance compensates other drivers and passengers for all damages suffered in a car accident. You must obtain the following coverage from your insurance company:

• $15,000 for bodily injury or death to one person
• $30,000 for bodily injury or death to more than one person
• $5,000 for damage to property

The State of California presumes all drivers have uninsured motorist/underinsured motorist coverage (UM/UIM). This insurance protects you if the other motorist does not have insurance but is responsible for the accident. UM/UIM insurance pays for the damage the uninsured motorist's insurance should have covered.

You can arrange with the California Department of Motor Vehicles as an alternative to insurance. You can meet the insurance requirement by depositing $35,000 with the DMV. It is easier and cheaper to have UM/UIM coverage.

What Should You Do After an Accident in California?

Here is a list of what to do if you are in an accident:

• Don't leave the scene. Leaving the scene of the accident, even if it's minor, is illegal.
• Get to safety out of traffic and check everyone for injuries (and consider providing first aid to any car accident victims).
• Call the California Highway Patrol or the police department for help and medical assistance. Get a copy of the police report or accident report. If the police don't respond, the dispatcher will give you the incident number.
• Get insurance information from the other drivers and contact information from passengers and witnesses.
• Take pictures of the scene if possible. Check with nearby businesses or homeowners for a copy of their security camera footage if you are able.
• Call your insurance adjuster and notify them of a possible car accident claim.
• See your doctor as soon as possible.

Fault and Pure Comparative Negligence

California is an "at fault" insurance state. The at-fault party's insurance pays for all damages in a car crash. Proof of fault comes from:

• Medical records
• Accident reports
• Witness statements

California is a "pure comparative negligence" jurisdiction. Even if you are partially responsible for the accident, you can still recover damages. Your settlement is reduced by your percentage of liability. For example, if a driver's injury claim is for $10,000 in damages, but the driver is 10% at fault for their injuries, the judge will reduce their recovery to 90% of his damages — here, $9,000.

Types of Damages

There are two types of car accident damages: economic damages and non-economic damages. Economic damages include auto repair, medical bills, and lost income. Non-economic damages include pain and suffering or emotional distress.

Examples of damages that result from car accidents include:

• Pain and suffering
• Medical expenses and medical payments
• Rental cars
• Lost wages
• Loss of consortium
• Wrongful death

Limits

California does not have a cap on damages in personal injury or car accident cases.

The statute of limitations (time limit) for filing a personal injury claim is two years. You only have six months to file a lawsuit against the government, for instance, if you have a property damage claim against the police.

If a driver lacks insurance or proof of "financial responsibility" (e.g., a job), California state law limits accident victims to recovering economic damages. Victims cannot recover non-economic damages like pain and suffering.

Punitive damages are only available if the plaintiff can show that the defendant acted with "fraud, oppression, or malice." Judges only order punitive damages when there is a need to punish the defendant in a civil matter.

Need Legal Advice? Contact a California Car Accident Attorney

California car accident laws favor the plaintiff if you have an experienced lawyer who can deal with insurance companies and the courts. Get legal advice from a California personal injury attorney and protect your legal rights.