Auto Accident

Just Compensation: What Happens after an Accident in CA

Car accident at night with two passengers injured after hitting a tree.

It will not matter how careful we are; we cannot wholly prevent road accidents. Even the safest drivers can be involved in a collision, and a minor fender bender can cause significant problems. Several factors, including weather, road, driver error, and mechanical issues, contribute to accidents. 

In Los Angeles, driving can be risky, and your life can change dramatically due to a car accident. Not only can a car accident damage your car, but it can cause severe and permanent injuries. You may miss work due to the resulting injuries in a car accident.    

Depending on the severity of your injuries and the resulting limitations, your future incident may never be what it was before. You have legal rights to fair compensation for current needs and future needs caused by the car accident. It is wise to reach out to an accident lawyer.  

Who Is at Fault?

In most accidents, one party is clearly at fault. It is usually the case when one car runs a stop sign and collides with another or when a car merges into a center lane from opposite sides and causes a wreck. In these situations, it is easy to determine who is at fault and who is not.

However, there are some accidents where both drivers may be at fault. For example, if two cars run a stop sign at the same time and collide with each other, then both drivers may be considered at fault. Or if a vehicle merging into a center lane from one side causes a wreck, but the other driver was not paying attention and did not yield, both drivers may be at fault.

In these situations, it can be challenging to determine who is at fault. Often, the police will investigate the accident and decide based on the evidence they find. If you were part of a roadside accident where both drivers may be at fault, it is crucial to cooperate with the police and provide them with any information that may help them determine who is liable. Most importantly, ask for help from a seasoned accident lawyer. 

Is California a No-Fault State?

If you have an accident in your car and the driver who hit you has minimal insurance, you could still sue them for additional damages that their insurance may not cover. Whether your insurance is governed by a no-fault or at-fault system can play a severe factor in how you handle what happens after the incident.

What is the difference between these two laws? Most states now require all drivers to carry personal injury protection (PIP) insurance; this provides drivers with insurance if they are injured in a car accident. However, some states have adopted a no-fault accident law; while that may be more controversial, they do so because it is perceived as cheaper and more efficient — most drivers already have health insurance.

If you were in a vehicular incident, you might wonder if the other party is liable to pay damages. The answer depends on several factors, and it is necessary to consult an experienced accident lawyer in CA to understand your legal rights and options clearly.

No-Fault vs. At-Fault Insurance

The no-fault system is designed to make it easier and cheaper to get compensation for minor injuries after an accident. Under this system, each insurance company compensates its policyholders for their losses, regardless of who was at fault. It can help reduce the number of small claims in court and the overall cost of auto insurance.

It means that no matter who is responsible for an accident, each driver will use their insurance policy to cover their damages and injuries. Typically, it allows the injured who were not at fault in the accident to be freed from showing the other party was at fault for the accident before receiving compensation.

In an at-fault state like California, the other person's insurance company will pay for your damages if you are in an accident that was not your fault. You can sue them if they disagree with how much your damages cost. It is necessary to hire a seasoned accident lawyer in CA to make sure you get the money you deserve. 

Typical Concerns about the Claims Process

Some of the common concerns that people worry about when they are going through the process of claiming damages for injuries caused by a car accident are:

  • Will my car be repaired or replaced? 
  • How can I pay for my medical treatment? 
  • Can I get a rental car? 
  • How long will the process take? 
  • What if my injuries are more severe than I thought?

Clients may be concerned about their ability to pay medical bills and whether they can be compensated for their injuries. They may be worried about the long-term effects of their injuries and how they will affect their daily life and family. They want to ensure they receive fair compensation for their injuries.

Paying for the Cost of Living and Medical Expenses 

Some find it difficult to pay their medical bills after an accident because they are out of work and have no income. It can be a big problem because they may have many medical bills for which they are responsible. To help with this, many times, people will sign an agreement with their medical providers that states they will be responsible for the bill once their case is finished. This agreement allows them not to worry about paying the bill upfront, which can be helpful when they have been injured in a roadside incident.

Some people have medical insurance, while others do not. If they have insurance, but they have a minimal type of coverage or are required constantly to pay deductibles and co-pays, that can be avoided if they treat on a lien basis after an accident. If they miss time from work, hopefully, they can get some relief, maybe disability payments or unemployment if they are unemployed, and some compensation. Experienced Los Angeles car accident lawyers certainly request that lost earnings and impaired earning capacity, if applicable, be paid by the at-fault party when making a demand for compensation.

Conclusion

What happens in a no-fault accident in California can vary depending on the accident's severity and who is at fault. However, both parties will generally be responsible for their damages and medical expenses. If you have been involved in a no-fault accident, it is essential to seek legal counsel to ensure that you are fairly compensated for your damages.

If you were in an accident, it would be prudent to talk to a seasoned accident lawyer in CA to ensure that your rights are upheld. You are in no better hands in Mendez & Sanchez Law. We will take care of your legal concerns while you focus on your recovery. Contact us now to book a consultation!

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