Who Pays for Damages After a Car Accident in California?
A car accident can leave you with mounting medical bills, lost income, and repair costs you never expected. If the accident was not your fault, you shouldn’t be expected to pay for the damages caused by the wreck.
In California, the driver who caused the accident must pay for the damages they caused, using their insurance policy. In situations where fault is unclear, a car accident attorney in Roseville can help you prove fault so that you can recover the compensation you’re entitled to.
California Is a Fault-Based State For Auto Accidents
California follows a fault-based system(sometimes called a “tort” system) for car accidents. This means that the driver who caused the accident is responsible for paying damages. Their insurance company typically covers the costs up to the driver’s policy limits.
By contrast, some states follow “no-fault” insurance rules, where each driver turns to their own insurer, no matter who caused the crash. California is not a no-fault state, so establishing liability is key to your claim.
Types of Damages Available to be Recovered in an Auto Accident
If another driver is found at fault, you may be entitled to recover several categories of compensation:
- Medical expenses: ER visits, surgeries, follow-up appointments, rehabilitation, prescriptions, and future medical care.
- Lost wages: Income you missed while recovering.
- Reduced earning capacity: If your injuries affect your long-term ability to work.
- Property damage: Repairing or replacing your car and any personal items damaged in the crash.
- Pain and suffering: Physical pain, emotional distress, anxiety, and reduced quality of life.
What If Multiple Parties Share Fault for the Accident?
California uses a pure comparative negligence rule. This means you can still recover damages even if you were partially at fault for the accident, but your compensation will be reduced by your percentage of fault.
For example, if your damages total $100,000 but you were found 20% at fault, you can still recover $80,000.
This rule makes it even more important to gather strong evidence and push back if an insurance company tries to assign you more blame than you deserve.
Who Actually Pays for Costs Caused by a Collision?
Depending on the accident, different parties or insurers may be responsible for covering your damages:
- At-Fault Driver’s Insurance: California requires minimum liability coverage. In serious accidents, these limits may not come close to covering your losses.
- Your Own Insurance: If the at-fault driver is uninsured or underinsured, your UM/UIM coverage (if you purchased it) can step in. You may also use medical payments (MedPay) coverage for immediate medical bills.
- Other Liable Parties:
- Employers (if the at-fault driver was on the job)
- Vehicle manufacturers (if a defect contributed to the crash)
- Government entities (for hazardous road conditions)
- Dealing With Insurance Companies
Should I Contact an Attorney?
Not every accident requires legal help. But you should strongly consider speaking with an attorney if:
- You suffered serious or catastrophic injuries
- Liability is disputed or shared
- Multiple parties are involved
- The insurance company denies or undervalues your claim
An experienced Roseville personal injury lawyer can level the playing field and help ensure you get the full compensation you’re entitled to under state law.