Many people assume that if they are in a car accident that was partially their fault, then they cannot recover compensation for their losses. This is not necessarily true. The fact of the matter is that California still offers a reasonable chance for you to recover compensation for your damages. Read on to learn more and then reach out to Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
What is comparative negligence?
Comparative negligence law refers to situations in which two drivers are in an accident and both are partially responsible. The way it works is simple: The jury or judge looks at the accident and allocates a percentage of fault. Each side will be responsible for paying damages equal to their percentage of fault.
Better understanding comparative negligence
In California, we are what is known as a pure comparative negligence state. This means that you can request compensation from another at-fault party even if you were mostly at fault. For example, if you were found to be 75% at fault for an accident, you would still legally be able to recover 25% of the compensation for your injuries.
In fact, you could recover as little as 1% of the damages if you were deemed to be 1% at fault. Other states use modified comparative negligence systems, which means that there is a cap on how much compensation the at-fault party can recover. In most cases, it is around 50% of the total cost of their damages.
Insurance companies may try to use comparative negligence against you
For many people who do not work in the legal field, comparative negligence can be challenging to fully understand – and the insurance companies know this. They may offer a settlement that is much lower than it should be with the comment that it is low because you are partially at fault. While the fact that you are at fault would lower it somewhat, at Law Offices of Fernando D. Vargas we believe you are entitled to the full percentage the law allows.
We can help you find a fair settlement or take your case to court
First and foremost, we will look at your case to determine if you truly were partially at fault. The insurance company may be using facts to make it appear that you were partially at fault, when in fact those facts could demonstrate the opposite – that the other party was at fault.
Once we have an idea of how likely you are to be found partially at fault, we can come up with a reasonable settlement offer based on the injuries you received and the property damage done. We can take this settlement offer to the insurance company and negotiate aggressively with them. If they refuse a fair settlement then we are not afraid to take them to court. Call Law Offices of Fernando D. Vargas at 909-982-0707 now to learn more and get a free legal consultation.
