Unless someone is involved in an automobile accident, and has been exposed to the workings of an insurance company, most feel that they will be treated fairly by the other party’s insurance company. That used to be the case 30 plus years ago, but it’s just not anymore. The law has changed. The other party’s insurance company has no legal obligation whatsoever to treat you fairly after an automobile accident. They share no fiduciary responsibility to you, they will not ensure that your damaged vehicle is handled promptly or properly, they will not advance any monies to you from their insured’s policy, they will critique your injuries and your medical treatment, subject you to visits with their doctors who will attempt to minimize or diminish your injuries, and they will try to take unfair advantage of you anyway that they can.
It is different if you’re dealing with your own insurance company rather than the other party’s insurance company, because your own insurance company does have a fiduciary responsibility to treat you fairly. They must ensure that the damage to your vehicle is handled promptly and properly. They won’t advance money to you, but, they must treat you fairly, and cannot take unfair advantage of you. There is no remedy against the other party’s insurance company for not treating you fairly but, there are remedies available if your insurance company does not treat you fairly.
What Does Fault And No-Fault State Mean? How Does It Apply To An Auto Accident?
No fault insurance is any type of an insurance contract under which those persons insured under the insurance contract are indemnified for losses by their own insurance company. This is regardless of whose fault the accident was, that generated these losses. In this regard, there are 12 states that have no fault insurance. California, as most states, does not have a no fault insurance system. In California, people are able to purchase insurance to protect themselves from monetary liability, should they be found responsible for causing injuries to other persons or property following a vehicle accident.
How Does Comparative Negligence Impact My Auto Accident Case?
Comparative negligence is a partial legal defense that reduces the amount of damages the plaintiff can recover in a negligence based claim. It is based upon the degree to which the plaintiff’s own negligence caused or contributed to the accident. Therefore, if you’re involved in an accident and if you are partially at fault for causing the accident, then that percentage of your fault will be assessed and deducted from the overall value of your case. For more information on Auto Accident Claims In California, a video consultation is your next best step.