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A driver is considered to be at fault if they are at least 51% responsible for causing the crash, but that threshold is lower if there are more than two drivers involved in the collision. Common examples of at-fault accidents include: Rear-end accident caused by a speeding driver.
Insurance company adjusters determine fault in an auto accident after reviewing the police report and other evidence. They may also ask you and the other driver questions about the collision to try to piece together a reliable narrative of what happened.
For auto accidents, states have either no-fault or at-fault insurance laws. California is an at-fault state, which means the driver deemed responsible for the accident is liable for paying the costs of potential injuries and property damage sustained by other parties.
In California, at-fault drivers are legally required to pay for the damages that they cause in a collision. If you are found at fault for the crash, you will be required to compensate the victim for the damages he or she sustained.
A. STOP Immediately and move only if it is safe to do so.Call 911 if there are injuries.Call the police.Obtain names, addresses, telephone numbers, and driver's license numbers from all drivers.Obtain license plate(s) and vehicle identification numbers.More items...
Technically, no, California is not a no-fault state. While an injured driver can still file a claim to the other driver's insurance and that claim will have to be paid, it doesn't end there. Drivers in California do still retain their right to sue for additional damages, according to Los Angeles car accident attorneys.
You do not have to pay your deductible if you are not at fault for the car accident. That being said, you might want to pay your deductible and file for damages with your own insurance company, instead of filing with the at-fault driver's insurance.
Fortunately, if you were not at fault for the collision, an increase in your premium is one indirect cost you will not incur. As PennyGeeks explains, state law prohibits insurance companies in California from increasing the coverage rates for drivers who were involved in crashes that they did not cause.
California adheres to the at-fault insurance system in determining who will pay for the accident compensation. Thus, courts must determine fault for compensation. That way, victims will get the proper reimbursement for damages they've sustained from the car accident.
Not only will fault be determined based on which party is most responsible (i.e. negligence), but if one of the vehicles is in violation of California law at the time of the accident, that vehicle's driver will be found to be at fault.