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Yes, in California, your fault in an accident could indeed impact your personal injury claim due to the state’s comparative negligence laws. For instance, if you are deemed to be 20% at fault, your claim could be reduced by 20%. The range of fault can vary widely, from 0% to even as much as 95% in some extreme cases. In comparison to some other states where any fault can eliminate the chance of recovery entirely, California follows a pure comparative fault rule.
Yes, you should still file a personal injury claim even if the other driver is uninsured or underinsured. Firstly, having your own uninsured motorist coverage can be beneficial in such cases, as it allows you to recover against your own policy. Secondly, if the uninsured or underinsured individual has assets, these could potentially be recoverable. However, you should be aware of California’s large homestead exemption, which might limit your recovery if the driver’s only asset is their home. It is always beneficial to consult with an experienced attorney to explore all possible avenues of recovery.
Absolutely. While it might seem clear to you that the other party was at fault, their insurance company may see things differently. There are instances where seemingly straightforward cases, like rear-end collisions, have been complicated by defenses like the sudden stop or lane change arguments. Therefore, hiring an experienced personal injury attorney is crucial to ensure that your interests are protected, even in cases where fault seems apparent.
For more information on Auto-Accident Injury Claims In California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (310) 997-4711 today.
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