Understanding Motor Vehicle Accident Law in California

If you are injured in a car accident, you may face medical appointments, time off work, and physical and emotional challenges.

Understanding Motor Vehicle Accident Law in California

Filing an Insurance Claim

In California, insurance companies have 15 days to acknowledge a claim and 40 days to accept or deny it. If the claim is accepted, the insurer may make a settlement offer. It is advisable to understand your legal rights before agreeing to any settlement.

Insurance Law in California

There are two main types of insurance systems in the United States:

  • No-fault states: Your own insurance covers accident-related bills regardless of who caused the accident.
  • Fault (tort) states: The driver responsible for the accident pays for damages.

California is a comparative fault state, meaning a driver can recover damages even if partially at fault. For example, if a driver is 10% responsible for an accident, they may recover 90% of their expenses from the other party’s insurance.

Required Auto Insurance

California drivers are required to carry minimum coverage:

  • Bodily injury: $15,000 per person / $30,000 per accident
  • Property damage: $5,000 per accident
  • Uninsured motorist coverage: $15,000 per person / $30,000 per accident

Personal Injury and Wrongful Death Lawsuits

  • Wrongful death: Immediate family members or adopted dependents can file a lawsuit within 2 years of the death. Compensation may cover lost income and loss of companionship.
  • Negligence claims: If insurance settlements do not cover your expenses, you may file a lawsuit against the at-fault driver. You have 2 years from the accident date to bring a claim to court.

Collecting Evidence

After an accident with injuries:

  1. Call the police and wait for them to arrive.
  2. Record witness names and contact information.
  3. Take photos of the accident scene.
  4. Save all medical bills and receipts for medication.
  5. Document lost work hours through a letter from your employer.

Selecting an Attorney

If pursuing a legal claim, choose an attorney with experience in California state law and accident cases. The attorney should be in good standing with the state bar and able to dedicate appropriate resources to your case.

Car accidents involve complex legal and insurance issues. Understanding your rights and obligations under California law can help ensure appropriate compensation.

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