By DCB Editorial, March 22, 2022
Suppose you have been hurt in a car accident. Then, you have significant challenges ahead of you. When trying to recover from your injuries, the last things you should worry about are the medical expenses, lost wages, or the tremendous pain and suffering. Instead, you should focus purely on recovery. After being involved in a car accident, you can receive compensation for your injuries; read more here.
Under California laws, to be eligible to collect damages, you must meet the following criteria:
⦁ Another party’s negligence partially or entirely caused the accident
⦁ You or your family members have suffered injuries due to the other party’s negligence
Car Accident Damages
Under California law, you can seek compensation if you have suffered injuries due to the other party’s negligence in a car accident.
However, the law has divided compensation into economic and non-economic damages, as follows:
Once you have been involved in a car accident, you can see economic damages, such as expenses ensuing from the accident. Some economic damages include:
Immediate or future medical expenses
⦁ Expenses for vehicle repairs and replacements
⦁ Loss of income
⦁ Loss of earning capacity
⦁ Burial costs in case of death
⦁ Property damage
⦁ Rehabilitation or therapy
⦁ Medical or assistive devices
⦁ Loss of business opportunities
The non-economic damages include but are not limited to:
⦁ Limb loss or disfigurement
⦁ Physical and emotional pain
⦁ Bodily injury leading to disability
⦁ Mental anguish and suffering
⦁ Loss of affection or companionship
⦁ Anxiety, grief, or shock
Additionally, a person whose car was damaged in a California car accident may be entitled to recover damages for loss of use of the vehicle. You can also recover damages for its diminished value, which is the market loss or value of the car as a result of an accident.
However, in California, there is no first-party claim for diminution of value. As stated in the court (Ray v. Farmers Ins. Exchange (1998) 200 Cal. App.3d 1411), once a vehicle is “repaired to its pre-accident safe, mechanical, and cosmetic condition, the first party insurance company’s duty is discharged.”
California Insurance Laws
All drivers and owners must possess insurance in California, as it is reckoned as a financial responsibility of car drivers. Moreover, California law also asks you to carry proof of your auto insurance in your car at all times. If you are involved in a car accident, you must show your auto insurance. Contrarily, law enforcement can suspend your driving license.
The insurance types recognized by California law are:
⦁ Liability insurance policy for motor vehicles
⦁ Self-insurance certificate issued by the DMV
⦁ A cash deposit of $35,000 was made to the DMV
⦁ Surety bond worth $35,000 issued by a company that has an operational license in California
Under California Insurance Code, if you own a car, you must hold the following basic insurance coverage:
⦁ $15,000 for bodily injury per single injured person
⦁ $30,000 total for bodily injury per accident
⦁ $5,000 for property damage
How Much is a Car Accident Injury Case Worth?
Suppose you are involved in a car accident in California, then it is advised to seek the legal help of a car accident attorney. They will fight for your rights and will build a strong case to reach the maximum compensation available in your case.
Many factors can influence the worth of your case. It may be impossible to predict an exact amount because every car accident case is different. Separately, injuries can heal very differently and may require a different amount of time to heal.
The most common factors that can affect your car accident settlement include:
The severity of your injury: Some injuries may require more or less medical expenses and care. Permanent brain damage, organ damage, or paralysis are some of the most serious injuries possible after a car accident. If suffering a broken bone, you may need surgery or, even worse, amputation. A permanent disability can affect your freedom and ability to support your family financially.
Lost wages: The longer it takes for you to recover, the more time you will be spending away from your job. The more paychecks you miss, the more reimbursement you will require.
Driver’s Insurance Limits: Your final compensation can also be affected by the negligent driver’s chosen insurance provider and the level of coverage. For example, basic insurance coverage has cap limits that could run out before all your medical bills are paid.
With so many things affecting the amount of compensation, if you feel that you are not getting the coverage or compensation you fully deserve, a car accident attorney can help. Moreover, the process of filing an accident claim may be too complex, and the insurance companies are rarely on your side. Don’t risk losing your right to seek compensation!