Is California a "No-Fault" State?
No, California is not a no-fault state. California is an at-fault (or “tort”) state. That means the driver who causes an accident uses their insurance to pay for the other driver’s bills from the collision. Police and insurance companies use the available evidence to decide who is at fault for the accident. Then the at-fault driver’s insurance pays to cover the other driver’s damages. Depending on their coverage, they might have insurance for their own damages, too.
“Fault” can be shared by drivers – for example, one driver could be 20% responsible for an accident while the second driver is 80% responsible. California has modified comparative negligence laws. That means if you are 50% or more at fault, you can’t collect any damages from the other driver. If you’re less than 50% at fault, you can collect damages minus the percentage that you’re at fault. So if you’re 30% at fault, you can recover 70% of what you spent on damages after the crash.
What Should I Do If I've Been in an Accident?
Human error is responsible for 94% of car crashes, according to the National Highway Traffic Safety Administration. If another driver’s negligence led to a car crash that injured you, his or her insurance company should pay for your damages. Damages includes medical bills, lost income from being unable to work and any emotional distress the accident caused. However, since California is not a “no fault” state, the responsiblity of ensuring medical costs, vehicle repairs, and other costs are paid, the burden falls on the individuals.
After getting into a car accident in Orange Count, one of the first actions you should take is to collect the other driver’s insurance information. Car insurance is vital to filing a claim for any damages sustained in an accident.
