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How Does California’s Fault-Based Insurance Work?

August 20, 2019

Fault-Based
There are numerous states in the nation that operate on a no-fault system when it comes to claims handled through insurance companies. This means the driver goes through their own insurance provider to seek compensation after a minor accident regardless of liability.

However, California is one of the other states that works on fault-based insurance. This means that in nearly every situation (aside from uninsured motorist accidents), the claimant will file with the negligent party’s insurance company for the damages sustained.

Working with the Other Party’s Insurance Company

It’s imperative to gather the negligent driver’s insurance information following a car accident so that you can have your insurance company and legal team work with the correct party to seek compensation. Unfortunately, they’re not always the most willing to work with you in this manner.

They want to save money, pay out as little as possible, and get through the claim as quickly as possible. With the fault-based system, though, if you’re able to prove that their policyholder was negligent, you should be able to pursue the compensation needed to cover your losses.

How You Can Prove Negligence

Proving negligence typically requires four factors. This includes proving the following:

  • The responsible driver had a duty to care for the plaintiff (in California, this is assumed for all those with a driver’s license)
  • The responsible driver ignored and breached that duty
  • The responsible driver’s breach of duty to care led to the accident
  • The responsible driver caused serious injury in the accident

Our San Francisco car accident attorneys can work to help you show that the other driver was in fact responsible for the injuries you sustained. It’s our goal to help you pursue the compensation and justice you need after someone else’s actions render you injured.

Trust in The Matiasic Firm to help you every step of the way. We’re here to stand by your side and hold negligent parties responsible for any action that results in causing you injury. With our firm, have peace of mind that you’re in good hands.

Call us at (415) 858-6692 today and speak with our team about your potential case.

Contact today for your free case consultation.

If you’ve suffered a debilitating injury or loss at someone else’s negligence or recklessness, contact our attorneys at (415) 858-6692 today.

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