If you are in a car accident, then someone else is possibly at fault for your injuries and losses. You may be able to hold the negligent party accountable for their actions and recover compensation for your losses. To do this, you must prove that the negligent party was at fault for the accident.
Fault plays a very important role in a car accident case. Fault can determine who is held responsible for paying a victim’s damages and how much a victim can recover from the accident. Here is what you should know:
How is fault determined?
While you may be quick to say that you caused a car accident, it is not up to you to decide. Fault is determined by a claims adjuster with insurance companies.
The claims adjuster’s responsibility is to investigate a car accident and determine who is responsible for the damages. An adjuster can look at several forms of evidence to determine fault, including a police report, driver statements, witness statements, vehicle damage and video evidence.
Saying that you caused a car accident could impact your right to compensation, especially if you did not cause the collision.
What happens if you are partially at fault?
Once a claims adjuster investigates an accident, they could determine that the other party was at fault for the accident. As a result, the negligent party or their insurer could be entirely responsible for your damages. However, if an adjuster believes you are partially at fault, your compensation could be reduced.
California follows a pure comparative negligence rule, which means that your total compensation could be reduced by your percentage of fault. You may still be entitled to compensation up to 99% of fault.
If you disagree with the amount of compensation you received after a car accident, you may need to seek professional legal guidance to learn about your options.