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Who Determines Fault In An Auto Accident In California?

Fault And Liability In Auto Accident Claims In California

Fault determines liability in car accidents. The party at fault is considered responsible for medical expenses, income loss, emotional distress, pain and suffering, and other damages victims incur in accidents. Hence, determining fault (and the level of fault) is crucial when you get into an accident in California.


In simple situations, determining fault is quite simple. For instance, in a rear-end incident, the motorist who struck the other vehicle from behind is to blame. However, car insurance companies are tasked with evaluating liability because car accidents can occasionally be complicated rather than simple.


That said, let's look at who and how fault is decided, as experienced by our prescreened California Auto Accident Lawyers.


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How Do Insurance Companies Determine Fault In California?

In a car accident, figuring out who's at fault can frequently be challenging. An insurance company's claim form, which is used to submit claims, asks for personal information and details about the occurrence, including the date, time, and place.

After the claim form is submitted, the insurance company begins an investigation by reviewing the accident's details, pictures, police report, and other pertinent papers. In addition, the insurance provider may contact you to ask more questions regarding the accident. This enables them to assess fault using the available information.


The insurance companies then handle the claims to pay for accident-related medical costs and property damage after determining liability or if there is a shared fault. However, because several parties may be involved, determining the level of responsibility in a shared fault case can be difficult.


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What If The Insurance Company's Assessment Is Wrong?

Insurance adjusters are meant to investigate or look into an accident to ensure you get the proper compensation. However, this isn't always the case.

Sometimes, an insurance provider will miss a few critical pieces of evidence. In some cases, insurance providers will refuse to compensate you or trivialize your injuries to lowball your payout.


That said, an insurance provider's determination of fault can be contested in California. If they refuse to give you the compensation you deserve, you should contact a California Auto Accident Lawyer to file an injury claim.

Remember, accident payouts are crucial for your recovery. They help with the medical bills, financial losses, and emotional distress caused by accidents. Hence, you should never accept an unfair settlement.


What Happens When the Fault In A California Auto Accident Is Unclear?


As previously said, identifying fault and holding the at-fault party accountable is difficult. Even with all the supporting documentation, the accident's cause may still be in question. So finding proof, witness statements, medical records, and police reports need to be gathered to help the case when two or more drivers refuse to admit guilt.

  • Bystanders and interviewing witnesses are crucial in a car accident case. If you weren't to blame for the accident, it's usually a good idea to get the contact information of any witnesses straight away.

  • Traffic camera footage is another type of proof that insurance companies consider. When a case becomes complicated or the fault is not clear from the evidence presented, insurance firms have the right to request access to film from security and traffic cameras.

  • They can determine fault with the aid of photographic proof of the vehicle's damage. A police report, which includes information on the occurrence and an officer's assessment, is another excellent piece of evidence.

  • An experienced California Auto Accident Lawyer can support you in compiling the necessary proof and bringing claims against the insurer. Your lawyer will then speak with the insurance providers to ensure you receive compensation for your losses.


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