Auto accidents in California often have devastating consequences. More often than not, people sustain serious injuries but do not seek compensation from the at-fault party. California is a claimant-friendly state. Even if you had a share in fault, you could possibly sue the other driver for their negligence. If you are unsure of where to start, consider consulting one of the top car accident attorneys Los Angeles. Your eventual settlement depends on several factors, but most importantly, it depends on your share in the fault. In this post, we bring an overview of California’s fault system for your help.  

Comparative fault in California

States often have different laws regarding comparative fault, and some are more claimant-friendly than others. There are two typical fault systems – modified and pure. California is a pure comparative fault state, where you can recover a settlement from the other party at fault, regardless of whether you were more responsible for the crash than them. However, your settlement will be lower, depending on the fault percentage. 

This is different than “modified” comparative fault states, where an at-fault driver cannot seek compensation from the other at-fault party if they are more at fault. In other words, if you were more than 50% at fault, you cannot sue the other driver for their fault. Thankfully, California is different. Even when you are 90% at fault, you have the right to file a civil lawsuit against the other party, although they may do the same too. 

How does this work in real life? Let’s assume that you were given a settlement of $200,000 for your claim and found 60% at fault. In such circumstances, you can still recover $120,000 in a settlement. The $80,000 you lost is because of your fault. 

Should you hire an attorney?

If you were at fault, you need to consult an attorney to know the worth of your car accident claim. Remember that insurance companies will rely on California’s pure modified fault rule to determine what you get in a final settlement. It is no secret that insurance claims adjusters typically do not play fair and would do anything to deny a claim. An attorney can help you recover a fair settlement for your injuries and losses, including vehicle damage and medical bills. 

Skilled attorneys know what it takes to evaluate car accident claims and will only ask for a fee if you win. You have no reason to step back from hiring a lawyer.