TL;DR: If you were partially at fault in a holiday car accident, California’s comparative negligence law allows you to seek compensation, but any recovery is reduced by your percentage of fault. Drivers, passengers, and holiday travelers face higher claim delays due to heavy traffic and limited insurance staffing, so crucial evidence or deadlines may be at risk.
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If you’re partially responsible for a holiday car accident, you can still seek compensation for your losses. In California, the law can assign fault to multiple parties in personal injury claims. That division affects how insurance companies review the case.
Insurers examine the evidence, determine each person’s level of responsibility, and adjust compensation accordingly. However, these claims may take longer for them to resolve. Holidays mean heavier traffic, more accidents, and fewer available staff. As a result, insurance companies often handle a higher volume of claims. That could delay the processing of yours.
During holidays like New Year’s Eve, Memorial Day, or the Fourth of July, there’s a high risk of car accidents occurring on major thoroughfares like the Foothill Freeway in Pasadena and the Pacific Coast Highway in Malibu. If you are partially at fault in a California car crash, here’s what you can expect:
- Compensation Is Reduced, Not Denied — In California, if you’re partly at fault for a car accident, you can still seek compensation for your losses. You could file a claim against the other driver’s insurer or your own, depending on your situation. However, under the state’s pure comparative negligence rule, a court may reduce your compensation based on your share of fault.
- The Accident Claim Can Be More Complicated — When both drivers share the blame, claims can become more complex. Insurance companies and other parties will often conduct detailed investigations to determine each party’s percentage of fault. These can lead to extended disputes and back-and-forth negotiations before a resolution is reached.
- There Could Be Delays in the Claims Process — There may be delays in processing your insurance claim if you submit it in close proximity to major holidays, such as the Thanksgiving weekend. With a skeleton staff of adjusters and support staff handling more claims, insurance companies often have backlogs. These may cause delays in inspections, approvals, and documentation.
Shared liability cases can be challenging to assess, so gathering evidence is essential. Photos, police reports, witness statements, and medical records can back your case. With sufficient proof, you can advocate for a fair assessment of liability.
How California Handles Partial Fault After A Holiday Car Accident
California uses a pure comparative fault system. Under this statute, each person involved is assigned a percentage of responsibility for the accident. Even if you were partly responsible, you can still seek compensation. However, the court may reduce your potential compensation by your share of fault. Here’s an overview of this rule:
- Determination of Fault — Evidence, such as police reports, witness statements, photographs, videos, and expert analysis, helps establish fault. Traffic violations, like speeding, can also demonstrate a party’s share of responsibility. However, you might be wondering, “Who exactly determines fault in an accident?”
Depending on the situation, one or more of the following could accomplish this task:
- Local Authorities — The police often respond at the scene first. Based on the available evidence and observations, they can assess who is at fault. However, their conclusions are not always final. They may change as new information becomes available.
- Claim Adjusters — They investigate accidents for insurance companies. These adjusters evaluate losses, interview parties, and analyze evidence to establish liability.
- Courts — If a case reaches trial, the judge or jury may decide the portion of fault based on the presented evidence and arguments.
- Calculation of Compensation — Your percentage of fault reduces the amount of compensation you can seek. Calculation depends on certain factors:
- Fault Percentage — In California, the law follows pure comparative negligence. So, if a party is up to 99% responsible for an accident, they can still file a claim for the 1% they didn’t cause. For example, suppose your total damages amount to $50,000. However, you are 30% at fault. The court could still award you 70%, or $35,000.
- Applicable Insurance Policy — Coverage depends on the policies of the involved parties. In California, the Department of Motor Vehicles requires drivers to carry a minimum amount of auto insurance. This requirement includes liability coverage for bodily injury and property damage. However, the estimated value of your damages may exceed the at-fault party’s policy limits. In these cases, you may need to file a claim through your own insurance, such as an underinsured motorist policy, to seek compensation for your losses.
Even if you share responsibility for a crash, you still have legal rights. You may pursue a personal injury claim in California for losses such as:
- Medical bills
- Vehicle repairs
- Lost wages
- Pain and suffering
What Can You Do If You Were Partially At Fault In A Holiday Car Accident?
If you are partially to blame in an accident, consider taking the following steps to protect your rights:
Report The Accident To Local Authorities
Law enforcement officers can document the incident. Their accident report may be used to assess fault later on. Cooperating and providing the requested information can help ensure the accuracy of their investigation.
Collect Evidence
Evidence often helps insurers and courts decide how to assign fault. You can gather the following to support your case:
- Police Report — This report summarizes the incident. It may mention traffic violations and describe how the crash occurred.
- Eyewitness Statements — These can offer a more objective account of the accident.
- Visual Evidence — Photos and videos of the accident scene can show vehicle damage, debris patterns, traffic signs, skid marks, and road conditions. These can help clearly illustrate the sequence of events to support your claim.
- Vehicle Data — Many modern vehicles come equipped with apps, dashcams, and event data recorders (also known as black boxes). These tools can capture data on the driver’s actions, nearby traffic, and vehicle performance. This data can provide an accurate account of what happened during an incident.
Be Aware Of Your Rights
Understanding certain rights can help you protect your claim. Crucially, you have the right to say no to anyone who asks you for a recorded statement. You may accidentally share your opinions on who’s to blame or even apologize for the accident. Although you may share responsibility, other parties can interpret such admissions as accepting full liability. This action can negatively impact your claim.
You also retain the right to pursue compensation for your losses, even if you share fault in the car collision. Seeking free accident lawyer advice can help you better understand how your rights apply to your situation.
Get Medical Attention
Regardless of fault, the parties involved in a car accident can sustain injuries like bone fractures, whiplash, cuts, and lacerations. Prompt medical attention can help identify them and ensure timely treatment.
Your medical records can also show how the accident impacted you. In particular, they can provide proof of your damages. These can include necessary medical expenses, such as for hospital stays, physical therapy, medications, and chiropractic care.
Seek Legal Guidance
You may find yourself thinking, “I need a personal injury lawyer,” and for valid reasons. Settlement negotiations typically focus on establishing who was liable for a car accident. If you were partially at fault, it can be challenging to manage this situation on your own. A car accident claim lawyer can advocate for a fair allocation of fault.
However, attorneys often charge more for cases like these because they’re more complex. As such, finances might be an issue. If so, you might be wondering, “Do lawyers only get paid if they win?” Some of them do if they work on a contingency fee basis. Under this arrangement, you only have to pay legal fees if the attorney obtains compensation on your behalf.
Why Holiday Accidents Often Involve Shared Fault
The number of road accidents tends to increase over the holiday season. Due to several factors, you could end up contributing to a crash:
- More Drivers on the Road — Car travel spikes during the holidays. Whether it’s Labor Day or Christmas Eve, time off from school and work often means more travel. That can result in increased road congestion. One place where this is likely to occur is Los Angeles County, a popular spot for holiday shopping.
However, more traffic can also raise the risk of mistakes and accidents. Some of the common causes of these collisions are:- Driving Under the Influence — Many people drink during holiday celebrations. However, alcohol can impair a driver’s judgment and reaction time.
- Speeding — Some people tend to drive over the speed limit due to the holiday rush or if they need to meet specific schedules.
- Distracted Driving — Drivers may check their GPS or text often while driving, especially when they are unfamiliar with the area.
- Fatigued Driving — In some cases, drivers might be behind the wheel for hours. If they’re traveling out of town or across state lines, they may become drowsy.
- Aggressive Driving — Some drivers can become impatient due to the traffic. It might lead to reckless driving behaviors, such as tailgating or changing lanes improperly.
- Holiday Weather Conditions — Depending on the season, holidays may coincide with poor weather conditions. These could reduce visibility and road traction in certain areas. For instance, December fog makes driving more hazardous in cities like Fresno and Bakersfield. In the winter, ice can also make roads more slippery. Combined with an increased number of drivers on the road, holiday car travel can become even riskier.
There’s no concrete data to establish how many car accidents involving shared fault happen during holidays. However, traffic congestion and poor weather conditions, which are already known to increase the risk of crashes during these days, can make it more likely for two or more drivers to simultaneously make errors behind the wheel. As a result, multiple parties could cause a collision.
Common Challenges In Claims After A Holiday Car Accident
There are several issues claimants can face if they are partially at fault in a holiday car accident. Some of these include:
- Process Delays — Insurance adjusters and hotlines may not be fully available during holidays. Backlogs could accumulate due to staff shortages and an increased volume of claims.
- More Scrutiny — Holidays can lead to an increase in accidents. As such, your crash may receive extra attention. That could result in investigations for possible violations, such as driving under the influence. These could impact the outcome of your claim.
- Jurisdictional Matters — You or the at-fault driver may be from another state. The differences in insurance laws and policy requirements could complicate the claims process.
In these situations, an insurance dispute lawyer can help you:
- Understand your rights. With a lawyer, you can receive guidance tailored to your situation. For instance, suppose the insurer is unresponsive. There might also be an unreasonable delay with your claim. In this case, an attorney may suggest that you contact the California Department of Insurance.
- Provide additional evidence if the insurer encounters issues when validating your claim.
- Evaluate potential complications related to jurisdictional issues or out-of-state parties.
- Understand the legal deadlines that may apply to your case.
Frequently Asked Questions
Below are some of the commonly asked questions about partial liability in car accident claims.
Will Insurance Pay Out If I Was Partially At Fault?
Generally, you may still seek compensation in California even if you are partially at fault for a car accident. California uses a pure comparative negligence system, which means that your percentage of fault reduces your compensation. For example, if a court finds you 40% at fault, you may still recover 60% of your total losses.
Compensation also depends on the insurance coverage available. For instance, what happens if the at-fault driver doesn’t have enough coverage in California? In this scenario, you could file a claim with your own insurer. Just make sure your policy includes uninsured or underinsured motorist coverage. A lawyer who handles car accident claims can analyze your specific situation to determine your available options.
Who Pays For Damages That Exceed Policy Limits In California?
In California, if the total damages from a car accident are higher than the at-fault driver’s insurance coverage, the at-fault driver may be personally responsible for the remaining amount.
For example, suppose a driver carries $100,000 in liability coverage. However, they caused $200,000 in damages. Their insurance policy pays up to $100,000. The at-fault driver may be required to pay the remaining balance out of pocket.
What Happens If The Insurance Company Doesn’t Pay Enough?
If the insurer does not have a valid reason for the underpayment, you can file a complaint with the California Department of Insurance. This regulatory agency monitors how insurance firms comply with legal requirements.
Insurance companies are expected to act in good faith. In these cases of unreasonable valuation of a claim, you can pursue a case. To better understand your situation, it is advisable to consult a lawyer who handles car accident claims.
Arash Law Can Assist You After A Holiday Car Accident
Even if you are partially at fault for the car accident, you still have rights. Notably, you can still pursue a claim, even in shared fault incidents. Gathering evidence such as a police report, eyewitness accounts, and photos and videos of the accident scene can help support your case.
Nevertheless, navigating disputes and negotiations can be challenging without support. In such cases, you can seek legal support from our car accident lawyers at AK Law Firm. We can analyze evidence, negotiate with other parties, and advocate for your interests. Call us at (888) 488-1391 to schedule a free initial consultation.
