Getting Fair Compensation for an Auto Accident in California: A Brief Guide

It’s a typical day and you’re heading home after a long day at work when suddenly you’re propelled forward, your head narrowly missing the dashboard, and loud crash shocking you out of your daydream!

Sound familiar?

Car crashes are one of the most common accidents and leading causes of injuries and fatalities in the United States. If you commute to work often, chances are, you’ll be involved in an accident at one point in your life.

California Accident Compensation

The good news is that under California Law, you can get compensation for the dozens of expenses that usually follow a car crash such as lost income, medical bills, car repair costs, and more.

California law observes the ‘pure comparative negligence’ rule under which the responsibility and liability for the auto accident are equally divided between all parties involved in the auto accident. The amount of claim each party is responsible for depends on the extent of the fault of each driver.

Here’s an example to clarify it further.

Let’s say while driving, you switched lanes without turning on the blinker and hit someone, you will be found 100% responsible for the damages and liable to compensate the injured party.

However, if someone was speeding and hit you, they will be held responsible for the majority of the compensation but could argue that it was also partially your fault. So, the compensation you receive might be around 80% after deducting your share of responsibility.

Compensatory Damages for Auto Accidents under California Law

Damages refer to the injuries and damage to property caused by the auto accident that must be compensated by the party responsible. Under California law, damages fall into two main categories; special damages and general damages.

Special damages include financial losses such as medical expenses, property damages, lost wages, and any other losses that have a specific dollar amount assigned to it.

General damages are non-economic damages such as emotional distress, pain and suffering, physical impairments or disfiguration, loss of companionship (in case of death of a spouse), and reduced quality of life.

Getting Fair Compensation

According to California state law, all drivers must possess insurance either through private insurance companies or by depositing $35,000 with Department of Motor Vehicles and obtain a certificate of self-insurance. The second option is reserved only for the residents of the state of California.

There are several ways of calculating the damages that you’ve suffered due to an auto accident. These include the per diem method and the multiplier method. A skilled attorney can guide you as to which method can guarantee maximum compensation after assessing the details of your accident.

In most cases, the coverage is provided by the insurance company of the driver at-fault. However, in case the party responsible is uninsured or underinsured, additional compensation will be provided by the at-fault driver.

The process of filing a claim to get fair compensation can be complicated. People often fail to get fair compensation due to delays in filing the claim or not including sufficient information, documentation, and proof of damages.

The best option to get maximum compensation is hiring professional attorneys that are experienced in advocating for victims of auto accidents.

The Law Offices of Ron Marquez offer legal assistance that can increase your chances of getting the compensation you deserve. Our experienced auto accident lawyers pay close attention to details and can recover maximum compensation for even the most complex auto accident injury claims.

If you live in Chico, California, call us today for a free evaluation of your case!

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