According to a study by insurance agencies, most people are involved in 3 to 4 collisions in their lifetime. While some involve economic losses, others can be life-threatening.
Being a citizen of California, you need to be well-versed with state laws and regulations about car accidents. Because whether or not you’re involved in such collisions, the law governs your actions.
What If You’re Involved In A Car Accident?
California law requires all drivers (or their representatives) involved in a car accident to report the collision in writing to the local police department or the California Highway Patrol within 24 hours of the crash in case of an injury or fatality. You could also call the police on the spot by calling 911 for the investigation process.
Stay informed – keep reading
It is essential to stop at the location of a collision and call the police to report the incident because if you don’t stop, you may be charged with a hit-and-run felony or misdemeanor. You could end up facing harsh consequences.
Even after a police report has been filed, it’s up to you if you want to file the same in the California DMV (Department of Motor Vehicles). However, accidents with the following criteria must be filed in DMV within 10 days of the accident:
- If there were any (major or minor) injuries or fatalities.
- If there was property damage worth more than $1,000.
Your driver’s license will be suspended if you don’t fill in an SR1 form (Report of Traffic Accident Occurring) or did not have proper insurance coverage at the time of the vehicle collision.
Even if you’re not directly involved in a collision, it’s a moral responsibility to report the incident to the police, search for victims inside/outside the vehicle, and call for medical help.
What Are The Insurance Requirements For My Vehicle In California?
Law governing California requires car owners to prove that they can be financially responsible for their actions when they drive. You can attain this by securing automotive liability insurance that pays compensation if the policyholder is legally liable for an accident.
The minimum requirements that liability insurance covers are:
- $15,000 for a single death or injury
- $30,000 for the death or injury of more than one person
- $5,000 for property damage caused by the accident
Do I Need To Pay If I’m Not At Fault?
In California, decisions are not one-sided. Under the ‘Pure Comparative Negligence’ system, either party may recover damages, regardless of their degree of fault. Each driver may have to share a portion of the blame for an accident.
For example, a driver may run a red light and hit you (clear negligence). But if it’s found that you were also speeding, you were negligent too. So, the driver may be found to be 80% at fault, and you might be found 20% at fault. Therefore, if you lost $10,000 from the accident, the at-fault party shall provide you with compensation of only $8,000 since you were also negligent. Further, your insurance would be liable for the other driver’s damages, i.e., 20%.
However, most comparative negligence systems bar recovery of damages if you are responsible for an accident by 51% or more.
Do All Car Accident Cases Go To The Court?
Well, the answer is no.
Usually, after the investigation process, documents related to medical and financial claims are presented to the insurance company, and negotiations for settlements take place. If the process fails, a lawsuit is filed, and a formal investigation involving lawyers, sworn statements, and all evidence on both parties are presented in the court.
If all informal attempts prove futile, the jury or the judge decides who is at fault and to what extent. Accordingly, you shall be required to pay for the claim.
Statutes Of Limitations In California
A statute of limitations puts a deadline on legal action to address the harm done in an accident. In case of a car accident, this is the deadline for filing a lawsuit in a personal injury case. Barring a few exceptions, the statute of limitations for such a case in California is 2 years. However, if the injury wasn’t discovered right away, it is 1 year from the date it was discovered.
Accidents happen every day, but they don’t happen every day to you. Therefore, act wisely if you encounter the same by seeking help from an attorney who can take the burden of these lengthy legal procedures from your shoulders.