When a car accident occurs, the process of seeking compensation for injuries and property damage depends on the laws of the state where the crash took place. Each state follows its own set of rules, typically classified as either “at-fault” or “no-fault” systems, which determine who is responsible for covering accident-related costs. California has specific regulations governing how accident victims can pursue compensation, and understanding these laws is crucial to ensuring you receive the financial recovery you deserve.

At The Gold Firm, our California car accident lawyers are dedicated to helping accident victims navigate the complexities of the claims process. We want to make sure you understand who is responsible for compensating you for your injuries and how to effectively pursue the compensation you are entitled to.

What Is A No-Fault State?

A no-fault state is one in which drivers who are involved in a car accident must turn to their insurance provider to receive compensation, regardless of who was at fault. This system for claiming compensation after an accident in states like Florida, Minnesota, and New York is designed to streamline the claims process and reduce the burden on civil courts by minimizing lawsuits over minor accidents, such as fender benders.

In a no-fault state, each driver must carry Personal Injury Protection (PIP) coverage, which pays for their medical bills, lost wages, and other related expenses up to the predetermined policy limits. This means that even if another driver caused the accident, the victim typically cannot file a claim against the responsible party’s insurance unless the injuries meet a certain threshold, such as being severe, permanent, or exceeding a specific monetary limit.

However, property damage claims still follow an at-fault system, meaning you can seek compensation from the other driver’s insurance if they caused damage to your vehicle or property. Some no-fault states also allow lawsuits for pain and suffering if the injuries are particularly serious. Understanding how a no-fault car accident claim system works is important when maneuvering through the aftermath of an accident, as it affects how and from whom you can seek compensation. These cases can be even more complicated if a child runs into the road.

What Is an At-Fault State?

An at-fault state is one where the driver responsible for causing an accident is also financially liable for the damages that result. This typically means that accident victims must file a claim with the at-fault driver’s insurance company to recover compensation for medical expenses, lost wages, property damage, and other losses.

Unlike no-fault states, where each driver’s own insurance covers certain damages regardless of who caused the crash, at-fault states require a thorough investigation to determine liability. In these states, accident victims have three primary options for seeking compensation:

• Filing a claim with the at-fault driver’s insurance company
• Filing a claim with their own insurance company (if the policy includes coverage like uninsured/underinsured motorist protection)
• Filing a personal injury lawsuit against the at-fault driver

Understanding how an at-fault system works is crucial when pursuing a car accident claim. Without proper legal guidance, accident victims may struggle to recover the full amount they are entitled to from insurance companies that often attempt to minimize payouts.

Is California An At-Fault State?

In California, car accident claims follow an at-fault system, meaning that the driver responsible for causing the accident is also responsible for covering the damages. This means that if you are injured in a crash, you have the right to seek compensation from the at-fault driver’s insurance company. However, California also follows a pure comparative negligence rule, which means that even if you are partially at fault for the accident, you may still be able to recover damages, though your compensation will be reduced based on your percentage of fault.

If you’ve been involved in a car accident in California, it’s essential to gather evidence, determine liability, and file a claim against the appropriate party to ensure you receive the compensation you deserve. The process can be complex, and insurance companies often try to minimize payouts, making it important to have an experienced car accident lawyer on your side.

How to Pursue Compensation for a Car Accident in An At-Fault State

California follows an at-fault car accident claim system, meaning that the driver responsible for the accident is also responsible for covering the damages. If you are involved in a car accident in California, you have several options for pursuing compensation for your injuries and property damage:

1. File a Claim with the At-Fault Driver’s Insurance – You can seek compensation for your medical bills, property damage, and emotional pain and suffering directly from the at-fault driver’s insurance company. California law requires all drivers to carry at minimum liability insurance, which will cover bodily injury and property damage. The insurance company will then investigate the accident to determine liability before offering a settlement.
2. File a Claim with Your Own Insurance – If you have optional coverage such as collision insurance or uninsured/underinsured motorist coverage, you can file a claim with your own insurance company to receive compensation. This may be a quicker option, but your insurance provider may later seek reimbursement from the at-fault driver’s insurance.
3. File a Personal Injury Lawsuit – If the at-fault driver’s insurance refuses to offer fair compensation or their policy limits are insufficient to cover the full extent of your damages, you may file a personal injury lawsuit against the responsible driver. In California, you can seek compensation for a variety of damages in a car accident lawsuit, including:
   • Medical expenses
   • Lost wages
   • Property damage
   • Pain and suffering
4. Comparative Fault Rule in California – California follows a pure comparative negligence rule, which means that even if you were partially at fault, you can still recover compensation. However, your compensation will be reduced by your percentage of fault. For example, if you were 20% at fault for the accident, you would only receive 80% of the awarded compensation.

To maximize your California car accident claim, it’s important to gather evidence, such as police reports, medical records, witness statements, and photos from the accident scene. Consulting with a car accident attorney from our team at The Gold Firm can also help ensure you have the best chance of receiving full and fair compensation. We have a No Fee Guarantee, so if you don’t win your case, we don’t get paid. We can help you through the entire process and with questions such as, “Do car insurance companies pay medical bills directly?”

How A California Car Accident Attorney Can Help

If you’ve been injured in a car accident in California, don’t navigate the claims process alone. At The Gold Firm, our experienced car accident attorneys are dedicated to fighting for the compensation you deserve. We’ll handle gathering evidence and the legal complexities of pursuing compensation so you can focus on recovery. Contact us today for a free case consultation, and let us help you get the justice and financial support you need. Call us now or fill out our online form to get started!