California No Fault Clause

State:
Multi-State
Control #:
US-OL25072
Format:
Word; 
PDF
Instant download

Description

This office lease clause describes the allocation of risks. The parties desire to allocate certain risks of personal injury, bodily injury or property damage, and risks of loss of real or personal property by reason of fire, explosion or other casualty, and to provide for the responsibility for insuring those risks as permitted by law.

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FAQ

No fault evictions include: Owner move-in. Substantial rehabilitation or remodel. Intent to demolish the unit. Withdrawal of the unit from the rental market. The owner complying with any of the following: An order issued by a government agency or court relating to habitability that requires the tenant to leave.

Fault vs. In a fault state, the driver who is predominantly responsible for causing the crash and the resulting injuries is also responsible for compensating those individuals. In a no-fault state, each injured party generally covers their own expenses.

Since California is not a no-fault state, injured victims must file car accident claims with the at-fault driver's insurance company. This means they must identify the driver who caused the accident and prove this driver's fault during the insurance process.

But do you have to fear your insurance going up if you're not at fault? Short answer: Actually, you don't?provided you were not primarily responsible for the accident. Under California law, an insurer cannot increase your premiums when you aren't at fault.

In a no-fault claim, the parties are not required to prove any party's blameworthiness to resolve the claim. In contrast, parties to a fault-based claim must prove a party was at fault to prevail on the claim.

So, as a California driver, so long as you are not at fault, your rates should not increase after an accident. Keep in mind, however, that California operates under a comparative negligence system, which means it is possible for you to share some of the liability for causing the accident.

It may seem unfair, but accidents that aren't your fault may still increase your rate in certain states. Not-at-fault accidents can indicate a higher likelihood of future accidents. However, your rate may not increase as much as it would for an at-fault accident.

Does a no-fault accident go on your record? Yes, it will. In a no-fault state, you'll have to submit a claim for reimbursement with your insurance company to obtain compensation. This claim for reimbursement will go on your driving record, whether or not you were actually at-fault for the accident.

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California No Fault Clause