Are San Diego car accident victims allowed to sue under California insurance laws?
California – August 19, 2021
More than 38,000 people are killed and 2 million are injured in motor vehicle accidents annually in the United States. The Law Offices of Jeffrey E. Estes can fight for accident victims’ rights to compensation for injuries and property damage loss under the State laws that provide for payment when an injured party was not at fault, referred to as “damages.” An experienced attorney will review accident reports, and other information that will strengthen a personal injury case, including any criminal infractions associated with the accident such as DUI, speeding, or distracted driving. California is not one of the “no-fault” car insurance states, therefore accident victims have a right to sue negligent drivers after an injury, or property damage occurs.
Post-accident action.
Experienced car accident attorneys assist with legal actions that may follow car accidents, including filing claims, addressing insurance claim denials, preparing damage valuations for insurance settlements based on policy limitations and coverages; and lawsuits, depending upon the ability to prove negligence in alignment with California state laws. After securing the accident site and seeking emergent medical attention, a victim may think about suing the other driver for damages, because California is not a “no-fault insurance” state.
Insurance.
The costs associate with motor vehicle accidents in California were $5.83 Billion dollars in 2018, addressing work losses and medical expenses. California drivers who get into a car accident can file a civil lawsuit against the responsible driver even when property damage and bodily injuries do not fall within California’s definition of “serious.” Accident victims can file a claim with their own insurer and the claim will be paid, but drivers who are at fault must pay for damages to injured parties.
Serious injuries usually include the loss of use of a body part, disfigurement, bone fracture or permanent disability. If a victim wants to file a lawsuit against another driver, they must consult with an accident attorney who will recommend they be seen by a medical professional to determine that injuries are serious enough, or prove that medical costs and lost wages are above a certain dollar amount to warrant filing a suit above insurance claim compensation.
Reasons to initiate a lawsuit.
- A driver has no insurance. If a driver does not have car insurance, or did not have coverage at the time of the accident, then the other driver has no way to recover costs without suing. This is a very common cause of a car accident lawsuit.
- Insurance amounts are not enough to cover medical costs of injuries even if they are enough to pay for property damage. When this happens, insurance will not pay the victim the amount necessary to cover their damages forcing them to file a lawsuit.
- The claim processes are dragged out and victims need compensation. Many drivers will try the insurance claim process first, but when they cannot resolve claim disputes, they may have to hire an accident attorney to initiate a lawsuit within the required statute of limitations.
Consult a lawyer.
It may be necessary to initiate a lawsuit to recover a settlement amount that pays for all property damages and bodily injury expenses of accident victims. Just because a driver is sued does not mean they will have to pay, but legal action should be taken seriously and an experienced professional attorney at the Law Offices of Jeffrey E. Estes in San Diego is your best option for a quick resolution between car accident parties.
Jeffrey E. Estes & Associates, a Professional Law Corporation
501 West Broadway, Suite 1650
San Diego, CA 92101
Phone: 619-233-8021
Fax: 619-233-3730
Sources:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=23152
https://www.dmv.ca.gov/portal/vehicle-registration/insurance-requirements/
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