When it comes to determining if your car insurance premium will increase after an accident, liability plays a crucial role. In California, the higher your percentage of fault, the larger the insurance rate increase you can expect. This can be a heavy burden for accident victims who once had an affordable insurance policy and are now stuck with an expensive one, especially if they were not “principally” at fault for the accident.
But if you were 0% at fault, then your insurance will not go up as insurance companies are prohibited from raising rates on a driver who was found not at fault for their accident.
How is Fault Determined in a Modesto Car Accident?
In most states, the at-fault party’s insurance is responsible for damages. In California, however, fault is determined by a “comparative negligence” system. Comparative negligence allows an injured party who shares fault for their injuries to receive compensation, a legal action covered by the Comparative Negligence Law, which states:
“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
So, being found partially at fault for a car accident doesn’t mean you can’t be compensated for your injuries. When it comes to your insurance rates, if you are found to be less than 51% responsible for the accident, you will generally not be considered to be “principally” at fault, so your interest rates will not go up.
How Do Insurance Companies Know Who is at Fault?
According to California Vehicle Code 20008, drivers are required to report the incident to police within 24 hours of being in an accident. If the drivers involved in the accident are unable to contact law enforcement, then other drivers will typically call it in.
Police will file a police report of the accident, which details what the officer can see at the scene of the accident and determines fault based of the officer’s current evidence. The police report plays a large role in determining fault in your accident as it is the officer’s duty to hand out tickets to any driver who violated the law. A law violation in an accident typically makes assigning fault in an accident very easy.
The drivers involved in the accident have a responsibility to notify their insurance companies of the accident. The insurance companies will then assign the claim to one of their insurance adjusters. The insurance adjuster will talk to both parties involved, and review the police report and medical bills. Once the adjuster has reviewed all the evidence, then they will assign fault for the accident.
However, it is important to note that insurance companies do not have the final say in who is at fault. Ultimately, fault can only be assigned by a judge or a jury in court. If you disagree with the fault determined by the insurance adjuster, you can always dispute the claim in court.
How to Handle a Car Accident with an Uninsured Driver
If you find yourself involved in an accident with an uninsured/underinsured driver, you should still follow the same steps as in any other car accident whether the driver is fully insured or not. It is recommended to contact the police and have them file a report. The report will contain important details that will serve as evidence against the at-fault driver. Be wary of other drivers trying to avoid contacting the police. An uninsured driver may try to keep law enforcement from getting involved out of fear of the consequences of being uninsured.
Next, take pictures of the scene, your vehicle, the license plates of all vehicles involved, and your injuries. Documenting these things at the scene of the accident will help you build a strong case. This evidence will also help you in case the other driver tries to deny fault, or your insurance tries to deny your claim for any reason. And be sure to exchange contact information with the other driver. Your insurance company will need to contact the at-fault driver, especially if they’re uninsured.
Lastly, after the accident, seek medical attention immediately. Even if you don’t feel injured, seeing a doctor after an accident will only help your claim, whereas not seeking medical treatment can hurt your case in a number of ways.
What Happens to My Insurance if Someone Else is Driving My Car and Gets into an Accident?
Say your friend borrows your car to grab some coffee and gets into an accident. You didn’t cause the accident, but your car is involved in a fender-bender. The following factors will determine whether or not you’re liable for your friend’s accident:
- The terms of your auto insurance policy
- If you gave your friend permission to use your car
Luckily, most car insurance policies insure the car and extend to the person driving it. However, not all policies are the same, so it is important to know what type of coverage you have if this happens. If your friend did not have your permission to take your car and got into a wreck, then you’ll probably want to consider speaking with an attorney, especially if your policy does not cover drivers other than yourself.
Contact a Modesto Car Accident Lawyer
If you or a loved one has been injured in an auto accident in Modesto, the Accident and Injury Lawyers of Modesto can help. Our firm understands that car accidents can result in life-altering injuries that prevent you from going to work, performing daily tasks, or spending time with family. That’s why our firm is standing by to help you manage your claim and get your life back on track.
Contact Maison Law Accident and Injury Attorneys of Modesto today for a confidential, no-cost consultation.