Car accidents are an unfortunate and all-too-common occurrence on San Diego roads and can have devastating physical and financial consequences for victims and their families. Individuals involved in car accidents in San Diego must understand the state’s car accident laws to protect their legal rights.
Seeking the assistance of a qualified car accident lawyer San Diego as soon as possible following an accident can be essential in securing the compensation you deserve and navigating the legal process. A professional lawyer can provide invaluable assistance in dealing with insurance companies, negotiating settlements, and representing you in court if necessary.
Here, you’ll get an overview of the car accident laws in San Diego, including fault, insurance requirements, and deadlines!
Determining Fault in a Car Accident
In California, car accidents are governed by the “fault” system, which means the person who caused the accident is responsible for the damages. Determining fault in a car accident can be a complex process, and it often requires the help of an experienced car accident attorney.
Insurance Requirements in San Diego
California law mandates that all drivers carry liability insurance coverage while operating a vehicle. The minimum coverage requirements in California are $15,000 for the injury or death of a single person, $30,000 for the injury or death of multiple individuals, and $5,000 for property damage. In a car accident that has caused injuries, you have the legal right to pursue compensation for damages from the at-fault driver’s insurance company by filing a claim.
Deadlines for Filing a Car Accident Lawsuit
If you cannot settle with the other driver’s insurance company, you may need to file a lawsuit to recover damages. It is vital to note that there are deadlines for filing a car accident lawsuit in California.
California’s statute of limitations for personal injury lawsuits is two years from the accident date. This means that you have two years from the accident date to file a lawsuit against the other driver. If you fail to file a lawsuit within this timeframe, you may lose your right to recover damages.
In a few cases, the statute of limitations may be extended. For example, if the victim was a minor during the accident, the statute of limitations may be extended until the victim’s 18th birthday.
Comparative Fault in California
In some car accident cases, both drivers may share fault for the accident. California follows a “pure comparative fault” system, which means that the damages awarded to the victim will be reduced by their percentage of fault.
For example, if a victim is awarded $100,000 in damages but is found to be 20% at fault for the accident, their damages award will be reduced by 20%, or $20,000. This means that the victim will only receive $80,000 in damages.
It is important to note that California’s comparative fault system can make recovering damages more challenging in cases where the victim shares fault for the accident. An experienced car accident lawyer in San Diego can help you navigate the complexities of California’s comparative fault system and fight for the compensation you deserve.
Conclusion
Understanding the car accident laws in California is crucial if you have been in a car accident in San Diego. Determining fault, insurance requirements, and deadlines are critical elements that can impact your ability to recover damages. Working with an experienced car lawyer can help you navigate the legal process, negotiate with insurance companies, and fight for your deserved compensation.
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