August 11, 2020 |
Car accidents occur every day, often damaging cars, as well as injuring drivers and passengers. When your vehicle has been damaged or you have been injured, you have likely found yourself wondering who pays for the damages after a car accident.
Damages don’t only mean losses related to your vehicle but also may include injuries you suffered as a result. In most cases, the insurance carrier for the at-fault driver is responsible for compensating the others involved for damages related to the accident. However, every accident is unique, and having an experienced personal injury attorney on your side can help you determine the best course of action to get you the compensation you deserve.
The Barnes Firm experienced personal injury attorneys are here to help!
Determining Fault – California Car Accidents
The driver who caused the accident is generally at fault and will be liable for paying damages related to the accident. Following most accidents, liability is then transferred to the driver’s insurance company who pays for the damages.
Drivers are responsible for decision making and control of their vehicles, so a driver is negligent when an accident results due to speeding driving under the influence, texting while driving, or other similar instances. In California, which is a fault state, fault is established, and claims are filed with the at-fault driver’s insurance company. In other states, known as no-fault states, victims file with their own insurance carrier.
In California, proving fault is the beginning of the process for determining liability, but insurance carriers often dispute which driver was at fault. When this happens, an investigation including statements, police reports, eyewitness accounts, and other evidence helps determine fault based on the driver’s negligence or actions which led to the accident. However, insurance companies will not fight for the compensation you deserve and that’s why it’s important that you contact an experienced car accident lawyer.
Passengers who are injured in a car accident should always gather contact and insurance information from each driver involved in the crash. The driver who is found at fault in the crash is then responsible for any damages you suffered in the accident. California is a comparative fault state, which means both drivers could be judged at fault, and you may have to file lawsuits against both to get the compensation you deserve.
Call on The Barnes Firm for Guidance After Your Accident
The Barnes Firm injury attorneys are here to help you 24/7. If you were involved in a car accident, let our experienced car accident lawyers sort out the details of this complicated process for you before accepting an insurance company settlement.
Call (800) 800-0000 anytime for a FREE consultation.