If you’re injured and another driver is at fault in California, your damages are usually paid for by the negligent party’s insurance company. In other words, if the driver is at fault, he or she is considered negligent and his or her insurer may be required to pay for your medical care, lost wages and income, and pain and suffering.
Knowing how California views bodily injury can help you understand how to obtain medical care if you’re injured:
- California’s bodily injury rules say that the at-fault driver’s insurance policy will pay for your medical care through the bodily injury liability cover on the policy.
- If you’re determined at-fault for the accident, your insurance policy’s bodily injury liability likely won’t cover the injuries. If you have PIP insurance, you may immediately file a claim. Otherwise, you must use your private or state health insurance coverage.
- Bodily injury coverage is a complex topic. Contact your insurer, even if you weren’t at fault in the accident, to ask questions. The insurer should help you know how to proceed with the matter of paying for your injuries from the accident.
- Property damage liability is required in California. This coverage means that, if you/your vehicle damage another party’s property, such as a car, damaged home or fence, your property damage liability will pay to repair or replace the property. If you’re sued because of an accident, your property damage liability provides legal protection.
California is a fault state. Your insurer and the other driver’s insurer will pay costs for medical care, lost wages, and other accident-related expenses based on the assigned degree of fault. California’s Pure Comparative Fault Rule says that an injured individual may recover damages—even when he or she was determined to be 99 percent at fault. In that case, his or her recovery is lessened by the fault amount.
Were you or a loved one injured in a car accident due to the negligence of another? You may be entitled to monetary compensation. Contact The Paris Firm today to schedule a consultation.