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Who Is Responsible For Paying Compensation After a Car Accident?


All car accident claims in California are based on negligence and fault. While some accidents are entirely the fault of one driver, the fact is that some accidents will involve the fault of two or more motorists. It is left to the courts to determine fault in complicated cases where the level of contribution for each driver is in question.

However, insurance claims adjusters attempt to settle cases based on their determination of fault, and not necessarily what any claimant may think. When this happens, it is always vital to retain an experienced California car accident attorney who understands how the final analysis of fault is determined in car accident cases.

Dealing with Insurance Providers

Insurance companies always want to be in control of determination of fault, and many have their own accident reconstruction specialists who evaluate accidents in a manner to benefit the company. Their primary obligation is to the company and their client, and only to any injured claimants to the extent of policy coverage.

Their goal is to get the claimant to settle for as little financial compensation as possible. Without legal representation, an injured party is rarely a match for the trained negotiators of the insurance company, and having an experienced legal team on your side is vital to receiving the full amount of compensation you are entitled to.

Understanding Contributory Fault Law in California

California is a "fault" law state that implements "pure" comparative negligence law when assigning benefits to injured accident victims. All injured drivers will have eligibility for financial recovery reduced according to their own personal fault level. In a two-car 50-50% collision, each driver will receive half of their total damages.

However, accidents that are completely the fault of one driver will result in all payable damages being the responsibility of the at-fault driver's insurance carrier based on the amount of liability coverage. Fault will be addressed on all official accident reports by the law enforcement accident specialist following the investigation, but final determination of fault is made by a jury when a trial is necessary.

How Your Attorney Can Help

Fault in an auto accident is based on the rules of the road and the driving behavior of all involved drivers. Accidents involving multiple negligent drivers are not uncommon, and all parties will be wanting to reduce their own level of contribution. This is what almost all accidents hinge on, and each personal injury attorney will be defending against claims of the other parties legal counselors regarding fault for their own client. Your personal injury attorney will be looking out for your best interests by determining what your damages are and helping you seek the compensation you need to heal.

Never attempt handling a case personally. For help maximizing your compensation after an accident, don’t hesitate to contact the experienced legal advocates at McGee, Lerer & Associates for comprehensive representation.

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