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If you and the other driver both have car damage or injuries and both are at fault, California has a "comparative negligence" system that may let you collect from the other driver or his/her insurance company - even if you were partially to blame for the accident. At the same time, the other driver also may be able to collect from you - even though the other driver was partly at fault. How much each of you will collect from the other will depends on the amount of your damages and on how much each of you is at fault.
Collision. Your collision insurance covers damages to your car, minus the policy deductible, no matter who is at fault. Collision insurance does not cover personal injuries or damages to another car involved in the accident.
What happens to me if the other driver does not have insurance?
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If you have collision insurance, damages to your car will be covered, no matter who is at fault. However, suppose the other driver caused the accident and does not have insurance that will cover your personal injuries. In this instance, you can collect from your own policy if it has an " uninsured motorist" clause. If you do not have uninsured motorist insurance or if your damages are more than the policy limit, you can sue the other driver. However, even if you win the case, you cannot be sure the other driver has the money to pay for the damages he/she has done.
What if someone sues me?
You should contact your insurance agent and/or your lawyer right away.
What if I want to sue someone?
If your expenses for personal injury or car damage are more than the other driver's insurance company offers to pay, you may want to sue. Also, you could be entitled to payment for other expenses or losses, such as lost wages. You can sue for pain and suffering, too.
If you want to sue you will need your own lawyer. Do not delay, there are time limits for filing various types of claims, sometimes as little as 100 days.
Many lawyers take auto accident cases on a "contingent fee" basis. If you and the lawyer agree to a contingent fee, you will not be charged lawyer's fees if you lose the case. If you win, you pay the lawyer a percentage of the money you are awarded. Win or lose, you may have to pay court cost. Most lawyers suggest a percentage based on how difficult the case is. Usually, the percentage is less if the case is settled out of court or before the lawyer does all the work necessary to go to trial. Be sure you understand exactly what the lawyer's percentage will be and how it might vary. Ask if the percentage is taken from the amount you are awarded before or after court costs and expenses are subtracted. Also, ask whether you must pay court cost directly or if the lawyer will pay and bill you later. Be sure to ask your lawyer to put the fee agreement in writing.
Disclaimer: The purpose of this web site is to provide general information on an area of California law, which may differ from law of other states. It is not intended to give legal advice regarding any specific legal problem. Readers should know the law is complex and constantly changing. Therefore, anyone with a specific legal problem should consult an attorney.
