Understanding insurance regulations in California about post-accident is important for a driver to manage its aftermath efficiently. In this blog, you will get a detailed insight into California’s car insurance regulations, helping drivers by protecting their rights and managing post-accident situations.
Compulsory Insurance Coverage
In California to drive a vehicle legally, one must have a minimum liability insurance as per driver’s laws there. The minimum liability coverage varies from $15,000 to $30,000 for the injury or death of one person or more than one person. Whereas for property damage, the coverage is $5,000. This insurance is made to cover the damage of another party done by an insured driver at fault.
Another regulation strongly recommended but not mandatory by California for drivers is to have an uninsured or underinsured vehicle in case of an accident involving an uninsured or underinsured vehicle. In such a case, the coverage helps cover the driver’s medical expenses and other damages if the at-fault party lacks insurance coverage.
Steps to Follow Post-Accident
The first thing to be done post-accident is to prioritize the lives of people involved in the accident by taking them to a safe location and seeking medical help. Information like contact, vehicle details, and insurance must be shared with other parties involved. Make sure to take pictures of the accident spot including the scene, road conditions, injuries, and damage caused to vehicles. Local police or California Highway Patrol (CHP) must be reported in case of injuries, deaths, or property damage exceeding $1,000. Notify your insurance company as soon as possible in such a case and provide them with all the necessary information they require to claim your insurance.
Filing Car Insurance Claim
After the accident, notify your insurer at your earliest to start your claim process. Keep all the important information about the accident in mind like the time, location, date, and other event details to be provided to the insurer. Another important thing to be done to claim your insurance is to document all the damages done in the accident including vehicle damages and personal injuries via photographs of the scene, medical reports, and other relevant information. Ensure to fully cooperate with the investigation team and the insurance company by giving statements, attending inspections, and any other formal requests by them for information.
Settling Insurance Disputes
There are times when disputes occur between the insurance company and the insured driver for an insurance claim, in such a case, mediation is pursued to settle the conflict between the two. In case, the efforts of mediation fail, arbitration is the next option to resolve the dispute. In arbitration, a neutral third party comes in who will make a fair decision. However, even after arbitration, if the matter remains unresolved, legal action is taken by the insured driver against the company involving filing a lawsuit and seeking damage.
Driver’s Rights Protection
In California, insured drivers are granted certain rights like the right to fair treatment, immediate claims processing, and precise coverage assessments. To use these rights correctly, one must be familiar with them. In case, one fails to get rights, seek legal help from qualified attorneys in insurance law who will help you protect your rights and fairly pursue them.
Understanding Fault and Liability
In the case of a car accident in California, there is a system known as the ‘Fault System’ in which the person responsible for causing the accident is liable for the injuries and damages caused. To determine the fault of the driver are certain factors taken into account like driving behavior, traffic violations, and other related circumstances. Another principle followed is ‘Comparative Negligence’ which states that if the damage in an accident equally involves the fault of both parties, the compensation is reduced proportionally between them.
Law of Limitations for Filing Car Accident Claims
In California, it is required for drivers to be aware of the laws of limitations for filling car accident claims. These laws have stated deadline for initiating legal actions after which one cannot file any compensation claim. The law states that in case of personal injury, one can claim it two years from the date of the accident whereas in case of property damage, one can claim it three years from the date of accident. However, failing to file a complaint within a defined period will result in case dismissal.
Traffic Laws and Car Accidents Claims
Fault and liability in car accidents are efficiently determined by California traffic laws. People driving recklessly, violating traffic lights, overspeeding, and failing to yield are liable for any damage or injuries caused to them or others in the accident. It is advised to all drivers to strictly follow traffic rules and regulations to avoid any accident and its aftermath in the form of legal consequences. They must exercise caution, and follow speed limits, and other traffic laws as per California’s state traffic laws to minimize the risk of accidents.
Medical Expenses and Lost Wages Coverage
In case of a car accident, an insured driver not only gets his medical expenses covered but his medical and lost wages are also covered under it. To understand these matters, the drivers must thoroughly understand all the policies to know the level of coverage of medical expenses, lost income, and the like.
Some insurance companies are offering optional Personal Injury Protection coverage. In this, the person gets medical as well as lost wage coverage in case of an accident regardless of fault. This coverage is specifically helpful for those who are seeking additional protection to save them from any financial hardship caused by any injury in an accident.
Impact of No-Fault Insurance Laws
California, unlike many other states, has a ‘No-fault’ insurance system operating under the traditional fault system for car accident claims. In states where there is no such law, the drivers in case of an accident ask their insurance companies to provide for their medical and other expenses regardless of being at fault. Whereas in California, in such a case, drivers ask the at-fault party’s insurance company to pay for all of his expenses. The system of fault-based and no-fault-based insurance is important to be understood by drivers to understand the difference between the two to better navigate the claim process and seek compensation.
Subrogation and Reimbursement
In case of any injury or damage caused in an accident, reimbursement or subrogation is expected by the insurance company of the at-fault party’s insurance company. In subrogation, the party who has suffered the loss gets back the cost of damage by the at-fault party’s company by paying out the claim on behalf of its insured. To recover the cost from the at-fault party, one must be fully aware and cooperate for reimbursement or subrogation requests through their insurer.
Final Thoughts!
To clearly understand California’s traffic regulations after an accident, one must be required to understand the liability, coverage requirements, traffic laws, claim process, and different coverage claims. With a complete understanding of these aspects, one can effectively protect its rights or seek legal help to compensate for its damage and loss.