Hablamos Español - Available 24/7

Do I Have An Auto Accident Claim For Personal Injury? [2023]

Do I Have An Auto Accident Claim For Personal Injury? – If you are hurt and did not cause the accident, then you likely do have an auto accident claim for personal injury. You should contact the best auto accident lawyers right away to help establish your claim with the insurance company of the person who caused the accident.

In this blog article, you will learn more about what makes up a viable insurance claim. Remember that this is general information that is meant to help you. It is not legal advice. You can only receive legal advice after consulting with a personal injury lawyer.

Comparative Fault Rules Apply to Automobile Accident Injury Claims

What Auto Accident Attorneys

What Auto Accident Attorneys

In California, each driver involved in the incident could ultimately be assigned a percentage of fault by the jury. This is known among lawyers as comparative fault. Here are a few examples to you have a better idea about what you are dealing with.

  1. Sometimes the fault is 100% on one driver for the traffic crash. A common example of 100% fault is when you are waiting for a red light when suddenly you are rear-ended by a driver distracted on their cell phone. It is unlikely that you could do anything to avoid the collision, so you are 0% at fault and the driver who rear-ended you is probably 100% at fault.
  2. Sometimes fault is assigned 50%/50% between two drivers. A common example of 50/50 fault would be two drivers collide in an uncontrolled intersection (no stop signs in any direction). Neither driver yielded and each driver alleges they reached the intersection first. In this situation, it is likely that a jury would decide that both drivers are equally to blame for causing the collision.
  3. Sometimes fault might exist between multiple parties to a traffic collision. A common example would be where several cars behind you pile up and ultimately rear-end your car. If you feel multiple impacts, then it is likely that all the cars involved behind you were speeding and following too closely and each face a percentage of fault for your injuries.

How Comparative Fault Might Affect Your Personal Injury Claim Viability

Contact A Personal Injury Lawyer With Car Accident Claim Experience

Contact A Personal Injury Lawyer With Car Accident Claim Experience

If you were injured in an automobile accident, it is important to understand how comparative fault might impact your case. You might still have a viable claim even if you were partially at fault for the collision. The jury would likely reduce your recovery by the percentage of fault assigned to you for the incident. However, if you believe that you are more than 50% at fault for the crash, or it cannot be determined what caused the auto accident, then you may want to reconsider filing the claim altogether. Bring this up at the free consultation if you have questions.

How Insurance Coverage Limits Could Limit Your Claim Recovery

If you are not at fault for the incident, then you have a personal injury. Whether or not your have a claim depends on whether there is an insurance carrier to make the claim with. You will want to follow these steps after a traffic accident to increase the likelihood of proving your claim with a known insurance company. For purposes of this article, you should know that there must be insurance in the first place.

Minimum Personal Insurance Coverage Limits For California Drivers

Do I Have An Auto Accident Claim For Personal Injury?

Do I Have An Auto Accident Claim For Personal Injury?

Bodily injury auto insurance covers injury to others caused by you while operating a covered automobile. The minimum bodily injury coverage in California is $15,000.00 per person, $30,000.00 per incident, $5,000.00 per incident property damage. Many serious injury cases settle for policy limits without further litigation. Finding out the defendant’s insurance coverage limits is extremely important to successful money recovery. Call Napolin to learn more about finding out the insurance coverage limit of the person who hurt you.

Minimum Personal Insurance Coverage Limits For California Auto Owners

The registered owner of the automobile is also liable up to $15,000.00 per person/$30,000.00 per incident. The negligent driver can be held liable to the full extent of the law but your recovery is often limited to the amount of insurance available. If the negligent driver is in the course and scope of employment, their employer might become liable to pay your damages. This is an avenue to more insurance coverage. The purpose of the other driver’s trip should always be explored to determine if they were the agent of a deeper pocket.

No Insurance On The Other Side (Uninsured Motorist)

You may be able to make a claim against your own insurance company if there is no insurance on the other side. If you have uninsured motorist (“UM”) coverage on your own policy, then you might be able to collect from your own carrier. Even if the other driver was insured when they caused the accident, but has since cancelled their policy, your UM carrier should still step in and pay your damages, up to the policy limits. You might be surprised that many people drive without insurance coverage in California. A study by the Insurance Research Council found that nearly 15% of California drivers are uninsured.

If you are hit by an uninsured driver or a hit and run driver, do not worry, you might still have a viable claim. You can make a claim against your own underinsured motorist (“UIM”) coverage, if you have it. UIM insurance steps in to cover the difference between the policy limits of the at-fault driver and your damages up to the limit of your own UIM policy. It is important to know that you must make a claim against the at-fault driver’s insurance company first and exhaust their policy limits before your own UIM carrier will step in and pay on your behalf.

What Auto Accident Attorneys Do

After an accident, you might be entitled to receive financial compensation for your injuries from the at-fault driver. An experienced personal injury lawyer will help guide you through the claims process and can negotiate with the insurance company on your behalf to ensure that you recover the maximum amount of damages that you are entitled to. For more information on making car accident settlement demands, read our blog article on how to make a settle demand with the insurance company.

Contact A Personal Injury Lawyer With Car Accident Claim Experience

If you have been in a car accident and believe that you may have a personal injury claim, contact the experienced and knowledgeable auto accident attorneys at Napolin Accident Injury Lawyer (866-NAPOLIN) right away for a free consultation.

Our legal team will evaluate your case and determine if you have a claim for personal injury that we can help you with. If you do, we will aggressively pursue your claim to get you the compensation you deserve. Contact us today to learn more.

Alexander D. Napolin, Esq.